ACT ON THE PROTECTION OF AND SUPPORT FOR MICRO ENTERPRISES
Act No. 13086, Jan. 28, 2015
Amended by Act No. 14364, Dec. 2, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15687, jun. 12, 2018
Act No. 15921, Dec. 11, 2018
Act No. 16101, Dec. 31, 2018
Act No. 16170, Dec. 31, 2018
Act No. 16523, Aug. 20, 2019
Act No. 16652, Nov. 26, 2019
Act No. 16954, Feb. 4, 2020
Act No. 17000, Feb. 11, 2020
Act No. 17624, Dec. 8, 2020
Act No. 17653, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to improving the social and economic status of micro enterprises as well as to the balanced development of the national economy by promoting independent business activities of micro enterprises and furthering the management stability and growth thereof.
[This Article Wholly Amended on Feb. 4, 2020]
| Article 3 Deleted. <Feb. 4, 2020> |
| Article 4 Deleted. <Feb. 4, 2020> |
| Articles 5 (Relationships with Other Acts) |
Except as provided in other Acts, this Act shall apply to the protection and support of micro enterprises:
CHAPTER II ESTABLISHMENT OF BASIC SUPPORT PLAN FOR MICRO ENTERPRISES
| Article 6 Deleted. <Feb. 4, 2020> |
| Article 7 Deleted. <Feb. 4, 2020> |
CHAPTER III SUPPORT FOR START-UP, MANAGEMENT STABILITY OF MICRO ENTERPRISES
| Article 8 (Support for Start-up of Micro Enterprises) |
The Minister of SMEs and Startups may conduct projects for any of the following matters, in order to support the start-up of micro enterprises: <Amended on Jul. 26, 2017>
| 1. | Discovery of persons desiring to start up a micro enterprise, who have exceptional ideas, etc.; |
| 2. | Consultation, advice, and education on the procedures, etc. for the start-up of micro enterprises; |
| 3. | Provision of information necessary for start-up, such as information on financing, manpower, marketing, and locations of business places; |
| 4. | Other matters necessary for supporting the start-up of micro enterprises. |
| Article 9 (Support for Management Stability of Micro Enterprises, etc.) |
The Minister of SMEs and Startups may conduct projects for any of the following matters, in order to support the management stability and growth of micro enterprises: <Amended on Dec. 2, 2016; Jul. 26, 2017; Dec. 11, 2018>
| 1. | Consultation, advice, and education on managerial affairs for micro enterprises; |
| 2. | Support for the funds, human resources, sales, export, etc. of micro enterprises; |
| 3. | Support for the modernization of commercial transactions for micro enterprises, such as the introduction of the electronic commerce or payment system using smart devices; |
| 4. | Support for facilitating the issuance and distribution of mobile gift certificates exclusively for the benefit of micro enterprises; |
| 5. | Other matters necessary for supporting the management stability and growth of micro enterprises. |
| Article 10 (Support for Structural Sophistication of Micro Enterprises) |
The Government may conduct projects for any of the following matters, to support the structural sophistication of micro enterprises, such as structural improvement and management rationalization (hereinafter referred to as “structural sophistication”):
| 1. | Discovery of new business opportunities; |
| 2. | Support for business conversion; |
| 3. | Provision of location information for the movement of a place of business; |
| 4. | Support for overseas start-up of micro enterprises; |
| 5. | Other matters necessary for supporting the structural sophistication of micro enterprises. |
| Article 11 (Support for Organizing of and Collaboration among Micro Enterprises, and Other Matters) |
| (1) | The Minister of SMEs and Startups may conduct projects for any of the following matters, in order to support organizing of and collaboration among micro enterprises: <Amended on Jul. 26, 2017> |
| 2. | Common use of facilities and equipment necessary for the production of goods, the provision of services, etc.; |
| 3. | Joint development of trademarks and designs; |
| 4. | Securing of joint markets, such as promotion of goods and establishment of sales venues; |
| 5. | Other matters necessary for supporting organizing of and collaboration among micro enterprises. |
| (2) | Where micro enterprises exceeding the number prescribed by Presidential Decree jointly establish and operate a common logistics center, the Minister of SMEs and Startups may provide administrative and financial support necessary therefor. <Amended on Jul. 26, 2017> |
| (3) | Matters concerning business aspects of common logistics centers established under paragraph (2), methods for operation thereof, facilities criteria therefor, and similar matters shall be prescribed by Presidential Decree. |
| Article 12 (Support for Micro Enterprise Who Have Closed Business) |
| (1) | The Minister of SMEs and Startups may conduct projects for any of the following matters to support micro enterprises who have closed or intend to close a business (hereinafter referred to as a “person closing a micro business”): <Amended on Dec. 31, 2018> |
| 1. | Support for new start-up of a business; |
| 2. | Implementation of training for employment, and employment intermediation; |
| 3. | Other matters for supporting persons closing a micro business. |
| (2) | The Minister of SMEs and Startups may establish and operate a support center for business closure of micro enterprises to conduct the projects prescribed in paragraph (1). <Newly Inserted on Dec. 31, 2018> |
| (3) | The Minister of SMEs and Startups may subsidize all or some of the expenses necessary for operating a support center for business closure of micro enterprises, and may utilize facilities or equipment, etc. of regional SMEs and Startups offices or a center for supporting micro enterprises, if necessary. <Newly Inserted on Dec. 31, 2018> |
| (4) | Other matters necessary for establishing and operating a support center for business closure of micro enterprises shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 31, 2018> |
[Title Amended on Dec. 31, 2018]
| Article 12-2 Deleted. <Feb. 4, 2020> |
| Article 12-3 (Subsidization of Employment Insurance Premiums for Micro Enterprises) |
| (2) | The subjects of subsidization of insurance premiums prescribed in paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the level, method and procedure of subsidization shall be prescribed by the Notification of the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 13 (Establishment and Operation of Commercial Districts Information System) |
| (1) | The Minister of SMEs and Startups may establish and operate an information system which comprehensively provides information related to commercial districts (hereinafter referred to as the “Commercial Districts Information System”) to assist micro enterprises in selecting a location of a place of business, and a business category. <Amended on Jul. 26, 2017> |
| (2) | Where it is necessary for establishing and operating the commercial districts information system, the Minister of SMEs and Startups may request persons classified as follows to provide materials or information falling under the relevant subparagraph. In such cases, the persons so requested shall comply with such request in the absence of special circumstances: <Amended on Jul. 26, 2017; Dec. 11, 2018; Dec. 31, 2018; Dec. 8, 2020; Dec. 22, 2020> |
| (a) | Trade name, registration number, and turnover; |
| (b) | Locations of the places of business and category of business; |
| (c) | Date of business opening, date of business suspension, and date of business closure. |
| 2. | Other materials and information prescribed by Presidential Decree being related to commercial districts, which the Minister of SMEs and Startups deems necessary for establishing and operating the Commercial Districts Information System, including information on authorized or permitted business places by district, the number of employees at the place of business, information on population by district, and other related matters: the head of the relevant central administrative agency; the head of the relevant public institution; the head of the relevant institution, corporation, or organization; and the head of the relevant private enterprise (the above-mentioned agency, institution, organization, or enterprise shall be related to the materials or information in question). |
| (3) | No public official (including a person who was a public official) who was or is in charge of the affair of establishing and operating the commercial districts information system shall use such materials or information provided pursuant to paragraph (2), for any purpose other than for such provision, nor provide or disclose such materials or information to any other person or institution. |
| (4) | The Minister of SMEs and Startups may conduct a survey necessary for establishing and operating the Commercial Districts Information System. <Amended on Jul. 26, 2017> |
| Article 14 (Exemption and Reduction of Taxes) |
If necessary for facilitating the management stability and growth of micro enterprises the State or a local government may exempt or reduce income tax, corporate tax, acquisition tax, property tax, registration and license tax, etc. of micro enterprises, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, or other relevant Acts.
| Article 15 (Establishment and Operation of Consultation Centers for Damages Resulting from Unfair Transactions) |
The Minister of SMEs and Startups and the heads of local governments may establish and operate a consultation center for damages resulting from unfair transaction involving micro enterprises (hereafter referred to as “consultation center” in this Article) to protect and support micro enterprises suffering from the losses caused by any unfair transaction.
| (2) | The duties of a consultation center shall be as follows: |
| 1. | Consultation on damage resulting from unfair transactions involving micro enterprises; |
| 2. | Fact-finding survey on unfair transactions involving micro enterprises; |
| 3. | Education for prevention of damage resulting from unfair transactions involving micro enterprises; |
| 4. | Proposals for improving statutes or regulations and systems related to damage resulting from unfair transactions involving micro enterprises; |
| 5. | Follow-up management of consultation for damage resulting from unfair transactions involving micro enterprises; |
| 6. | Other matters necessary for the protection and support of micro enterprises suffering from the losses caused by any unfair transaction. |
| (3) | The Minister of SMEs and Startups and the heads of local governments may provide financial assistance to cover expenses necessary for the performance of duties and operation of a consultation center within budgetary limits. |
[This Article Wholly Amended on Feb. 11, 2020]
| Article 16 Deleted. <Feb. 4, 2020> |
CHAPTER IV THE SMALL ENTERPRISE AND MARKET SERVICE
| Article 17 (Establishment of the Small Enterprise and Market Service) |
| (1) | The Small Enterprise and Market Service (hereinafter referred to as “Small Enterprise and Market Service”) shall be established to efficiently perform projects for the management stability and growth of micro enterprises, and the revitalization of traditional markets, shopping districts, and commercial districts revitalization zones (hereinafter referred to as “traditional markets, etc.”) under Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts. |
| (2) | The Small Enterprise and Market Service shall be a body corporate. |
| (3) | The Small Enterprise and Market Service shall come into existence upon completing registration for incorporation at the seat of its principal office. |
| (4) | The Small Enterprise and Market Service shall establish and operate a center for supporting micro enterprises in each region; and may establish branches, training centers, or auxiliary organs, as prescribed by its articles of association. |
| (5) | The Small Enterprise and Market Service shall conduct the following projects: <Amended on Jul. 26, 2017; Aug. 20, 2019> |
| 1. | The following projects for the management stability and growth of micro enterprises, and the revitalization of traditional markets, etc.: |
| (a) | Research, investigation, and development of policies for supporting micro enterprises and traditional markets, etc.; |
| (b) | Evaluation of the effects of projects for supporting micro enterprises and traditional markets, etc.; |
| 2. | Fostering and dispatching specialists for the management stability and growth of micro enterprises, and the revitalization of traditional markets, etc.; |
| 3. | Provision of information, consultation services, and education, for the management modernization of traditional markets, etc.; |
| 4. | Construction and operation of a database for supporting micro enterprises; |
| 5. | Operation of broadcasting for providing information on start-up and management of micro enterprises; |
| 6. | Development and distribution of guidelines on start-up by business category of micro enterprises, and innovation of shops thereof; |
| 7. | Support for technology development of micro enterprises, and interchanges among different business categories; |
| 8. | Support for organizing of and collaboration among micro enterprises, such as joint purchase, and establishment of joint distribution and logistics centers; |
| 8-2. | Support for micro enterprises’ entry into overseas markets and establishment of distribution networks overseas; |
| 9. | Discovery and distribution of new businesses suitable for micro enterprises; |
| 10. | Support for corporations and organizations which assist the revitalization of traditional markets, etc.; |
| 11. | Fostering merchants’ self-help organizations in traditional markets, etc.; |
| 13. | Projects delegated by the Minister of SMEs and Startups or the head of a local government for securing the management stability and growth of micro enterprises, and the revitalization of traditional markets, etc.; |
| 14. | Other projects which the Minister of SMEs and Startups deems necessary for the management stability and growth of micro enterprises, and the revitalization of traditional markets, etc. |
| (6) | The Small Enterprise and Market Service may request the cooperation of relevant institutions and organizations such as the Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act to ensure smooth operation of support projects falling under paragraph (5) 8-2. In such cases, the institution or organization shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted on Aug. 20, 2019> |
| (7) | The Government may contribute or subsidize expenses incurred in conducting projects of the Small Enterprise and Market Service. <Amended on Aug. 20, 2019> |
| (8) | Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Small Enterprise and Market Service. <Amended on Aug. 20, 2019> |
| (9) | No person, other than the Small Enterprise and Market Service established pursuant to this Act, shall use the name, “Small Enterprise and Market Service” or any other name similar thereto. <Amended on Aug. 20, 2019> |
| Article 17-2 (Request for Materials) |
| (2) | The Small Enterprise and Market Service may request taxation-related information (limited to specific items included in materials about the assessment of composite income taxes and local taxes and relevant materials regarding business registration) from the head of the competent tax agency or the head of the competent local government in the form of a document which contains the taxpayer’s personal information and the purpose of use. Such request for taxation-related information shall be made within the extent necessary to conduct affairs prescribed in Article 21 (1) 1 and to recover loan assets and shall not be abused for other purposes. |
| (3) | A person requested under paragraphs (1) and (2) shall comply with such request unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 17-3 (Appointment of Agents) |
The Chairperson of the Small Enterprise and Market Service may appoint an agent authorized to engage in all judicial or extrajudicial actions regarding its’ affairs.
[This Article Newly Inserted on Aug. 20, 2019]
| Article 18 (Guidance and Supervision concerning Affairs of the Small Enterprise and Market Service) |
| (1) | The Minister of SMEs and Startups shall guide and supervise the affairs of the Small Enterprise and Market Service, and may, if necessary, issue instructions or orders regarding the projects thereof. <Amended on Jul. 26, 2017> |
| (2) | Matters necessary for guidance for and supervision over the Small Enterprise and Market Service by the Minister of SMEs and Startups shall be prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
CHAPTER V MARKET PROMOTION FUND FOR MICRO ENTERPRISES
| Article 19 (Establishment of the Market Promotion Fund for Micro Enterprises) |
The Market Promotion Fund for Micro Enterprises (hereinafter referred to as the “Fund”) shall be established to secure financial resources necessary for supporting the management stability and growth, structural sophistication, etc. of micro enterprises, such as merchants, etc. of traditional markets, etc.
| Article 20 (Creation of Financial Resources) |
| (1) | The Fund shall consist of the following resources: |
| 1. | Contributions of the Government (calculated on the basis of 3/100 of the amount of customs duties collected in the immediately preceding fiscal year); |
| 2. | Cash, goods, and other properties contributed by any person other than the Government or local governments; |
| 3. | Money transferred or borrowed from other funds; |
| 6. | Profits accruing from the operation of the Fund; |
| 7. | Other revenues prescribed by Presidential Decree. |
| (2) | The Government shall include the contributions in the estimated expenditure, within the national budget every fiscal year. |
| Article 21 (Use of the Fund) |
| (1) | The Fund shall be used for the following projects: <Amended on Jan. 27, 2016; Jul. 26, 2017; Dec. 11, 2018; Aug. 20, 2019; Dec. 8, 2020> |
| 1. | Financial support for continuous growth of micro enterprises such as direct loans; |
| 2. | Support for business conversion of micro enterprises engaged in any category of business conducted by many enterprises: |
| 3. | Support for the structural sophistication and informatization of micro enterprises; |
| 4. | Support for organizing, collaboration, and franchise commercialization of micro enterprises; |
| 5. | Support for the establishment and operation of joint logistics centers; |
| 6. | Support for innovative micro enterprises; |
| 7. | Education and consultation for micro enterprises; |
| 8. | Support for start-ups (including start-ups overseas) of micro enterprises; |
| 9. | Discovery and dissemination of new businesses, and provision of information thereon; |
| 10. | Fosterage of specialists for supporting micro enterprises; |
| 11. | Investigations and research for the management stability and growth of micro enterprises; |
| 12. | Support for technology development of micro enterprises, and interchanges among different business categories; |
| 13. | Support for traditional markets, etc.; |
| 14. | Matters concerning the invigoration of micro enterprises, such as the improvement of understanding thereon; |
| 15. | Operation of broadcasting for micro enterprises; |
| 16. | Support for employment of micro enterprises operators; |
| 17-2. | Subsidization of insurance premiums for micro enterprises; |
| 18. | Repayment of the principal and payment of interest of the money borrowed from any other funds; |
| 19. | Repayment of the principal and payment of interest accrued from the deposits transferred from the Public Capital Management Fund prescribed in the Public Capital Management Fund Act; |
| 20. | Payment of expenses incurred in relation to the creation, management, and operation of the Fund; |
| 21. | Support for modernizing commercial transactions through the introduction of electronic commerce, an electronic payment system using smart devices, etc.; |
| 22. | Support for facilitating the issuance and distribution of mobile gift certificates exclusively for the benefit of micro enterprises; |
| 23. | Other projects entrusted by the Minister of SMEs and Startups for protecting and supporting micro enterprises. |
| (2) | Where necessary for conducting any of the following projects falling under paragraph (1), the Minister of SMEs and Startups may provide subsidies to micro enterprises, such as merchants, etc. of traditional markets, etc., or to relevant organizations, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (3) | Where any person uses the Fund for any purpose other than the relevant payment, and other similar cases prescribed by Presidential Decree, the Minister of SMEs and Startups may recover such money paid to such person. <Amended on Jul. 26, 2017> |
| (4) | The recovery of money paid from the Fund provided for in paragraph (3) shall be made in the same manner as delinquent national taxes are collected. |
| Article 22 (Management and Operation of Funds) |
| (1) | The Fund shall be managed and operated by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| (2) | The Minister of SMEs and Startups may entrust some of the business of the management and operation of the Fund to the Small Enterprise and Market Service, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (3) | The person in charge of managing and operating the Fund may operate the Fund by means of lending, etc. thereof, as determined by the fund operation plan under Article 66 of the National Finance Act. |
| (4) | The fiscal year of the Fund shall coincide with the Government’s fiscal year. |
| (5) | The person in charge of managing and operating the Fund shall keep accounts of the Fund, separately from other accounts for other activities. |
| (6) | Except for those matters provided in paragraphs (1) through (5), other matters necessary for managing and operating the Fund shall be prescribed by Presidential Decree. |
| Article 22-2 (Extension of Repayment Period and Deferment of Repayment) |
| (1) | Where a person who took out a loan under Article 22 (3) is deemed unable to repay the loan, the Small Enterprise and Market Service may extend the repayment period of the loan or defer repayment. |
| (2) | Necessary matters concerning criteria, procedures, etc. for extension of the repayment period and deferment of repayment under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 22-3 (Settlement of Profits and Deficits) |
| (1) | Where any profit is realized in the settlement of accounts of the Fund, the total amount of such profit shall be reserved. |
| (2) | If any deficits are incurred from the settlement of Fund accounts, such deficits shall be covered with the reserve funds under paragraph (1), and the Government may cover such deficits within its budgetary limits, if the reserve funds are insufficient to cover such deficits. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 22-4 (Sale of Bad Debts) |
| (1) | Where deemed necessary for efficient recovery and management of bad debts, the Small Enterprise and Market Service may write off or sell off bad debts, as prescribed by Ordinance of the Ministry of SMEs and Startups. |
| (2) | Where bad debts are sold off under paragraph (1), they may sold off to the following: <Amended on Nov. 26, 2019> |
| 1. | The Korea Asset Management Corporation established under the Act on the Establishment of Korea Asset Management Corporation; |
| 2. | Other persons prescribed by Presidential Decree, who specialize in the sale and management of bad debts. |
[This Article Newly Inserted on Aug. 20, 2019]
| Article 22-5 (Prompt Assistance in Cases of Disaster) |
Where the Small Enterprise and Market Service provides loan, etc. for the recovery of damage to a micro enterprise suffering serious damage to its business caused by the occurrence of a disaster under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, it shall endeavor to enable the micro enterprise to receive prompt assistance. [This Article Newly Inserted on Dec. 8, 2020]
| Article 23 (Fund Operation Committee) |
| (1) | The Fund Operation Committee shall be established within the Ministry of SMEs and Startups, to deliberate on the important matters concerning the management and operation of the Fund. <Amended on Jul. 26, 2017> |
| (2) | Matters necessary for the organization and operation of the Committee for Fund Management referred to in paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER VI KOREA FEDERATION OF MICRO ENTERPRISE
| Article 24 (Establishment and Operation of the Korea Federation of Micro Enterprise) |
| (1) | Cooperations, cooperatives, and organizations which meet all the following requirements may establish the Korea Federation of Micro Enterprise (hereinafter referred to as the “Federation”): |
| 1. | At least 90/100 of all the members shall be micro enterprises; |
| 2. | The representative shall be a micro enterprise entity. |
| (2) | The Federation shall be a body corporate. |
| (3) | The Federation shall come into existence upon completing registration for incorporation at the seat of its principal office. |
| (4) | Persons who intend to establish the Federation shall submit its articles of association and other necessary documents to the Minister of SMEs and Startups to obtain permission for its establishment, as prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended on Jul. 26, 2017> |
| (5) | The Federation may establish branches to efficiently perform its business for each district, as prescribed by its articles of association. |
| (6) | Except as otherwise provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Federation. |
| (7) | Matter concerning the establishment and operation of the Federation, and other necessary matters related thereto shall be prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended on Jul. 26, 2017> |
| (8) | No person, other than the Federation established pursuant to this Act, shall use the name, “Korea Federation of Micro Enterprise” or similar, as its title. |
| Article 25 (Affairs of the Federation) |
| (1) | The Federation shall conduct the following affairs: <Amended on Dec. 31, 2018> |
| 1. | Mutual aid and cooperation affairs for promoting friendship among micro enterprises; |
| 2. | Provision of information on the start-up, investments, and management activities of micro enterprises; |
| 3. | Joint businesses with respect to the purchases, sales, etc. of micro enterprises; |
| 4. | Proposals for policies for resolving challenges of micro enterprises; |
| 5. | Investigation of, research on, and education for micro enterprises; |
| 6. | Collection and provision of information and the establishment and operation of an informatization system for micro enterprises; |
| 7. | Provision of services regarding tax, accounting, and legal affairs; |
| 8. | Support for organizing micro enterprises; |
| 9. | Any other affairs provided for by its articles of association for achieving the objectives of the Federation. |
| (2) | The Government and local governments may subsidize expenses incurred in conducting the affairs of the Federation provided for in paragraphs (1). |
| (1) | The Minister of SMEs and Startups may subsidize expenses necessary for operating the Federation within budgetary limits to develop micro enterprises. |
| (2) | The heads of local governments may subsidize some of the expenses necessary for operating the Federation located in their jurisdiction to help develop micro enterprises and to promote the development of local communities. |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 26 (Guidance and Supervision) |
| (1) | If necessary, the Minister of SMEs and Startups may guide and supervise the affairs of the Federation. <Amended on Jul. 26, 2017> |
| (2) | Where necessary for the guidance and supervision provided for in paragraph (1), the Minister of SMEs and Startups may request the Federation to submit documents, etc. thereof. In such cases, the Federation shall comply with such request in the absence of special circumstances. <Amended on Jul. 26, 2017> |
| (3) | The Federation may guide and supervise the affairs or accounting conducted by regular members of the Federation pursuant to its articles of association; and may order said members to report on the Federation’s affairs or accounting or to undergo an audit. <Newly Inserted on Dec. 31, 2018> |
[Title Amended on Dec. 31, 2018]
| Article 27 (Administrative Order) |
| (1) | Where it is deemed that any affair or accounting of the Federation violates its articles of association, the Minister of SMEs and Startups may issue an order to rectify such affair and to take other necessary measures within a fixed period. <Amended on Jul. 26, 2017> |
| (2) | If the Federation fails to comply with an order issued under paragraph (1), the Minister of SMEs and Startups may issue an order to dismiss an executive officer or dissolve the Federation. <Amended on Jul. 26, 2017> |
| (3) | If the Minister of SMEs and Startups intends to issue an order to dissolve the Federation pursuant to paragraph (2), he/she shall hold a hearing. <Amended on Jul. 26, 2017> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 28 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of SMEs and Startups vested under this Act may be partially delegated to the head of an institution affiliated therewith, or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (2) | The affairs of the Minister of SMEs and Startups provided for in this Act may be partially entrusted to any of the following persons, as prescribed by Presidential Decree: <Amended on Mar. 29, 2016; Jul. 26, 2017; Dec. 31, 2018> |
| 1. | The Chairperson of the Small Enterprise and Market Service; |
| 5. | President of the Federation; |
| 6. | Other persons prescribed by Presidential Decree, who are the heads of institutions in charge of affairs to protect and support micro enterprises. |
CHAPTER VIII PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
Where the Federation violates any order issued under Article 27 (1), it shall be punished by a fine not exceeding ten million won.
| Article 30 (Administrative Fines) |
| (1) | A person who uses the name, “Small Enterprise and Market Service” or similar, as its title, in violation of Article 17 (9) shall be punished by an administrative fine not exceeding 10 million won. <Amended on Aug. 20, 2019> |
| (2) | A person who uses the name, “Korea Federation of Micro Enterprise” or similar, as its title, in violation of Article 24 (8) shall be punished by an administrative fine not exceeding three million won. |
| (3) | Administrative fines provided for in paragraphs (1) and (2) shall be imposed and collected by the Minister of SMEs and Startups, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
ADDENDA <Act No. 13086, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into fore on May 28, 2015: Provided, That the amended provisions of Article 11 (2) and (3) shall enter into force one year after the promulgation date of this Act. Article 2 (Transitional Measures concerning Construction, Locations, etc.)
Notwithstanding the amended provisions of Article 5 of the amended Act on Special Measures for Small Enterprises Support (Act No. 6314), a building for which a confirmation of use for the purpose of a factory has been granted pursuant to the previous Article 5 (referring to the previous provisions of Article 5 prior to the amendment thereof pursuant to the amended Act on Special Measures for Small Enterprises Support (Act No. 6314); hereinafter referred to “the previous Article 5”), as at the time this Act enters into force, shall be governed by the previous Article 5. Article 3 (Transitional Measures for the Small Enterprise and Market Service)
Article 4 (Transitional Measures concerning the Market Promotion Fund for Small Businesses)
Article 5 (Transitional Measures concerning the Fund Operation Committee)
Article 6 (Transitional Measures for the Small Business Federation)
Article 7 Omitted.
Article 8 (Relationship to Other Acts and Subordinate Statutes)
ADDENDUM <Act No. 13850, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
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. 14364, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That any Act amended under Article 5 of this Addenda which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15687, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15921, Dec. 11, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16101, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2019. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 16170, Dec. 31, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 26 (3) and 28 (2) shall enter into force three months after the date of its promulgation; and the amended provisions of Article 12 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16523, Aug. 20, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 17 and 30 (1) shall enter into force on the date of its promulgation.
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 through 3 Omitted.
ADDENDA <Act No. 16954, Feb. 4, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 17000, Feb. 11, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17624, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Financial Support for Damage caused by Disaster)
The amended provisions of Article 21 (1) 22-2 shall also apply to micro enterprises suffering damage caused by a disaster occurred at the time this Act enters into force.
ADDENDA <Act No. 17653, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Articles 2 through 14 Omitted.