ACT ON SPECIAL MEASURES FOR THE DEREGULATION OF CORPORATE ACTIVITIES
Wholly Amended by Act No. 4900, Jan. 5, 1995
Amended by Act No. 4891, Jan. 5, 1995
Act No. 5111, Dec. 29, 1995
Act No. 5091, Dec. 29, 1995
Act No. 5211, Dec. 30, 1996
Act No. 5303, Mar. 7, 1997
Act No. 5328, Apr. 10, 1997
Act No. 5368, Aug. 22, 1997
Act No. 5352, Aug. 22, 1997
Act No. 5351, Aug. 22, 1997
Act No. 5350, Aug. 22, 1997
Act No. 5389, Aug. 28, 1997
Act No. 5388, Aug. 28, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5474, Dec. 24, 1997
Act No. 5596, Dec. 28, 1998
Act No. 5728, Jan. 29, 1999
Act No. 5726, Jan. 29, 1999
Act No. 5712, Jan. 29, 1999
Act No. 5785, Feb. 5, 1999
Act No. 5758, Feb. 5, 1999
Act No. 5911, Feb. 8, 1999
Act No. 5831, Feb. 8, 1999
Act No. 5829, Feb. 8, 1999
Act No. 5824, Feb. 8, 1999
Act No. 6019, Sep. 7, 1999
Act No. 6095, Dec. 31, 1999
Act No. 6154, Jan. 12, 2000
Act No. 6239, Jan. 28, 2000
Act No. 6226, Jan. 28, 2000
Act No. 6406, Jan. 29, 2001
Act No. 6583, Dec. 31, 2001
Act No. 6627, Jan. 26, 2002
Act No. 6637, Jan. 26, 2002
Act No. 6842, Dec. 30, 2002
Act No. 6841, Dec. 30, 2002
Act No. 6909, May 29, 2003
Act No. 6893, May 29, 2003
Act No. 7168, Feb. 9, 2004
Act No. 7186, Mar. 11, 2004
Act No. 7292, Dec. 31, 2004
Act No. 7459, Mar. 31, 2005
Act No. 7428, Mar. 31, 2005
Act No. 7442, Mar. 31, 2005
Act No. 7796, Dec. 29, 2005
Act No. 7855, Mar. 3, 2006
Act No. 7995, Sep. 27, 2006
Act No. 8337, Apr. 6, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8362, Apr. 11, 2007
Act No. 8361, Apr. 11, 2007
Act No. 8358, Apr. 11, 2007
Act No. 8356, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8562, Jul. 27, 2007
Act No. 8599, Aug. 3, 2007
Act No. 8801, Dec. 27, 2007
Act No. 8800, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8980, Mar. 21, 2008
Act No. 8979, Mar. 21, 2008
Act No. 8976, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9037, Mar. 28, 2008
Act No. 9319, Dec. 31, 2008
Act No. 9384, Jan. 30, 2009
Act No. 9401, Jan. 30, 2009
Act No. 9432, Feb. 6, 2009
Act No. 9532, Mar. 25, 2009
Act No. 9680, May 21, 2009
Act No. 9685, May 21, 2009
Act No. 9770, jun. 9, 2009
Act No. 9980, Jan. 27, 2010
Act No. 10219, Mar. 31, 2010
Act No. 10252, Apr. 12, 2010
Act No. 10331, May 31, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12960, Jan. 6, 2015
Act No. 13089, Jan. 28, 2015
Act No. 13149, Feb. 3, 2015
Act No. 13459, Aug. 11, 2015
Act No. 13729, Jan. 6, 2016
Act No. 13797, Jan. 19, 2016
Act No. 13879, Jan. 27, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14795, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14992, Oct. 31, 2017
Act No. 15526, Mar. 27, 2018
Act No. 15574, Apr. 17, 2018
Act No. 16272, Jan. 15, 2019
Act No. 17171, Mar. 31, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to endeavor to create harmonious corporate activities and contribute to the sound development of the national economy by providing matters concerning administrative deregulation of corporate activities and special cases.
[This Article Wholly Amended on Apr. 14, 2011]
The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011>
| 1. | The term "corporate activity" means any conduct that a corporation or an individual engages in continuously and repeatedly for making profits, and the attendant conduct thereof; |
| 2. | The term "administrative regulation" means that the State, a local government, or a corporation, an organization or an individual exercising the administrative power or delegated or entrusted with it under statutes or regulations intervenes directly or indirectly in corporate activities for the purpose of achieving specific administrative objectives; |
| 3. | The term "factory" means a factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act; |
| 4. | The term "industrial complex" means an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act; |
| 5. | The term "small or medium entrepreneur" means a small or medium entrepreneur under Article 2 of the Framework Act on Small and Medium Enterprises. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 3 (Relationship to Other Statutes or Regulations) |
This Act shall apply in preference to other statutes or regulations (excluding the Framework Act on Administrative Regulations) which provide administrative regulations: Provided, That where the provisions of regulation thereof become more lenient than the provisions of administrative regulations mitigated under this Act on account of the amendment of other statutes or regulations, the provisions of the other statutes or regulations shall apply.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 3-2 (Responsibilities) |
In order to address difficulties experienced by enterprises due to various administrative regulations, the Minister of Trade, Industry and Energy shall endeavor to investigate the actual situation thereof, collect the opinions of interested parties and other experts, etc. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER II DEREGULATION ON ESTABLISHMENT OF BUSINESS AND FACTORY
| Article 4 (Consolidated Public Notice of Various Authorization or Permission concerning Establishment of Business) |
| (1) | The head of a relevant administrative agency having authority regarding authorization, permission, registration, reporting, approval, etc. for manufacturing business and service business related to manufacturing prescribed by Presidential Decree shall inform the Minister of Trade, Industry and Energy of the processing criteria, procedures, etc. without delay after such criteria, procedures, etc. are established. The same shall also apply when they are modified. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Trade, Industry and Energy has been informed of the processing criteria, procedures, etc. pursuant to paragraph (1), he or she shall consolidate them and publicly notify the same. The foregoing shall also apply when a matter publicly notified is modified. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 5 Deleted. <Mar. 31, 2005> |
| Article 6 Deleted. <Mar. 31, 2005> |
| Article 7 Deleted. <Mar. 31, 2005> |
| Article 8 (Public Notice of Criteria for Authorization or Permission in Relation to Approval for Factory Construction) |
| (1) | The head of an administrative agency having authority regarding reporting, permission, cancellation, authorization, licensing, designation, consent, decision, etc. prescribed by subparagraphs of Article 13-2 (1) and (3) of the Industrial Cluster Development and Factory Establishment Act or subparagraphs of Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act (hereinafter referred to as "authorization, permission, etc.") shall inform the Minister of Trade, Industry and Energy without delay after the processing criteria have been formulated. The same shall also apply when they are modified. <Amended on Mar. 23, 2013> |
| (2) | When the Minister of Trade, Industry and Energy has been informed of the processing criteria pursuant to paragraph (1), he or she shall consolidate them and publicly notify the same. The foregoing shall also apply when a matter publicly notified is modified. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 9 (Special Cases concerning Approval for Project Plans) |
| (1) | The provisions on approval, etc. for the project plan under the provisions of Articles 33 through 35 of the Support for Small and Medium Enterprise Establishment Act shall apply mutatis mutandis to a founder other than the founder under the provisions of Article 33 (1) of the same Act and a small or medium entrepreneur other than the founder under subparagraph 2 of Article 2 of the same Act. |
| (2) | The processing criteria and procedures for an application for approval for the project plan on construction, enlargement and transfer of a factory by a founder and a small or medium entrepreneur other than the founder referred to in paragraph (1) shall be subject to the guidelines notified publicly under Article 33 (4) of the Support for Small and Medium Enterprise Establishment Act. |
| (3) | The head of a relevant administrative agency intending to modify the processing criteria for authorization, permission, etc. prescribed by subparagraphs of Article 13-2 (1) and (3) of the Industrial Cluster Development and Factory Establishment Act or subparagraphs of Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act shall consult, in advance, with the Minister of Trade, Industry and Energy. In such cases, the Minister of Trade, Industry and Energy may adjust the processing criteria as prescribed by Presidential Decree to the extent not significantly interfering with the objectives of the relevant authorization, permission, etc. <Amended on Mar. 23, 2013> |
| (4) | A founder or a small or medium entrepreneur other than the founder under subparagraph 2 of Article 2 of the Support for Small and Medium Enterprise Establishment Act may formulate a project plan jointly with more than two people as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and file an application for approval for the project plans under Article 33 of the same Act, approval for the establishment, etc. of a factory under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act, approval for the construction, enlargement and transfer of a factory or for change of the business field under Article 20 (2) (hereinafter referred to as "approval for the establishment of a factory, etc."), with the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). In such cases, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may grant the approval for the establishment of a factory, etc. on condition that facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy shall be jointly installed and used. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 10 (Speedy Processing of Approval of Establishment of Factory.) |
| (1) | When the Special Self-Governing Province Governor or the head of a Si/Gun/Gu intends to grant the approval for the establishment of a factory, etc., in accordance with the processing criteria notified publicly under Article 8 (2), he or she does not need to have consultation under Article 13-2 (5) of the Industrial Cluster Development and Factory Establishment Act or Article 35 (4) of the Support for Small and Medium Enterprise Establishment Act. |
| (2) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall combine business start-up ombudsman offices for small and medium entrepreneurs under Article 38 of the Support for Small and Medium Enterprise Establishment Act, with public service centers for the establishment of factories under Article 19 of the Industrial Cluster Development and Factory Establishment Act, to operate them as civil service offices for the establishment of businesses and factories: Provided, That the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may, if deemed necessary in consideration of the frequency of petitions and others, operate the offices by combining them with civil petition offices referred to in Article 12 of the Civil Petitions Treatment Act. <Amended on Aug. 11, 2015> |
| (3) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall assign a dedicated employee to the civil service office for starting up business and building factories as well as other offices pursuant to paragraph (2). |
| (4) | When an application for approval for the establishment of a factory, etc., has been received by the civil service office for starting up business and building factories, etc., under paragraph (2), the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall process it promptly by ordering the relevant public officials to conduct joint inspections or investigations, and then notify the applicant of the results thereof within 20 days from the date of receipt. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 11 (Special Cases concerning Recipient of Approval for Execution Plans for Industrial Complex Development Projects) |
| (1) | Deleted. <Jan. 28, 2000> |
| (2) | Any person who has obtained approval of an execution plan for an industrial complex development project under Article 31 of the Small and Medium Enterprises Promotion Act shall be deemed to have obtained permission, a determination, authorization, license, consultation, consent, approval, cancellation, disposition, etc. provided in each subparagraph of Article 21 (1) of the Industrial Sites and Development Act. <Amended on Apr. 14, 2011> |
| (3) | With respect to a general industrial complex and a high-tech industrial complex in a city which are developed by a person who has obtained approval of an action plan for cooperative movement in accordance with Article 29 of the Small and Medium Enterprises Promotion Act as an implementer of the industrial complex development project pursuant to Article 16 of the Industrial Sites and Development Act, a person who has obtained approval of the relevant action plan for cooperative movement shall be deemed a person having management authority under Article 30 (1) of the Industrial Cluster Development and Factory Establishment Act. <Amended on Apr. 14, 2011> |
[Title Amended on Apr. 14, 2011]
| Article 12 (Special Cases concerning Permission to Construct Private Roads) |
Where it is essential to connect a road to which is other than roads under subparagraph 1 of Article 2 of the Road Act (including the road applied mutatis mutandis under Article 108 of the Road Act) to build an access road to a factory, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall permit construction of private roads by viewing such roads as private roads under Article 2 of the Private Road Act, if such roads correspond to the standards prescribed by Presidential Decree. <Amended on Jan. 14, 2014>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 13 (Special Cases concerning Certified Acquisition of Farmland) |
The following persons among those who have obtained approval for the establishment of a factory, etc. on farmland in order to construct, extend or relocate a factory may acquire farmland without a certificate on acquisition of farmland, notwithstanding the provisions of Article 8 of the Farmland Act:
| 1. | A person who has went through consultation through which any permission or reporting on farmland conversion prescribed in the Farmland Act has been a legal fiction; |
| 2. | A person who has obtained approval for the establishment of a factory, etc. according to the processing standards publicly notified pursuant to Article 8 (2); |
| 3. | A person who has obtained permission on farmland conversion referred to in Article 34 of the Farmland Act; |
| 4. | A person who has reported on farmland conversion referred to in Article 35 or 43 of the Farmland Act. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 14 (Special Cases concerning Disposal of State Property) |
Where a small or medium entrepreneur intends to unavoidably use a deserted road and other similar State or public property as land for a factory and in cases prescribed by Presidential Decree, the head of a central government agency of State property pursuant to subparagraph 11 of Article 2 of the State Property Act or the administrative agency of public property under Article 14 of the Public Property and Commodity Management Act may dispose of such property, notwithstanding a comprehensive plan on the State property under Article 9 (3) of the State Property Act or the management plan of public property under Article 10 (1) of the Public Property and Commodity Management Act. In such cases, the head of the central government agency of State property or the administrative agency of public property may sell the relevant State or public property to the small or medium entrepreneur intending to unavoidably use it as land for a factory in the form of a free contract, notwithstanding the provisions of the State Property Act or the Public Property and Commodity Management Act.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 15 (Special Cases concerning Effect of Licenses to Reclaim Public Waters) |
Any person who has obtained a license to reclaim public water under the proviso of Article 28 (7) of the Public Waters Management and Reclamation Act for the purpose of securing industrial land shall be deemed to have obtained authorization, permission, etc. pursuant to relevant subparagraphs of Article 39 (1) of the same Act and permission to use State property under Article 30 of the State Property Act.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 16 (Special Cases concerning Enlargement of Factories) |
| (1) | With respect to existing factories in a growth-control area and a natural preservation area under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act which are located within the Seoul Metropolitan area under subparagraph 1 of Article 2 of the same Act, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may grant permission for the enlargement of a factory as prescribed by Presidential Decree, notwithstanding the proviso of Article 20 (1) of the Industrial Cluster Development and Factory Establishment Act. |
| (2) | In regard to a factory owned by a small or medium entrepreneur in the following cases, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may approve enlargement of factories as prescribed by Presidential Decree, notwithstanding the provisions of Article 32 of the Farmland Act: Provided, That this shall not apply to factories emitting specific substances compromising the quality of water under subparagraph 8 of Article 2 of the Water Environment Conservation Act or specific air pollutants under subparagraph 9 of Article 2 of the Clean Air Conservation Act: <Amended on Jan. 17, 2017> |
| 1. | Factories within the agricultural development area at the time an agricultural development area is designated (hereinafter referred to as “agricultural development area”) under Article 28 of the Farmland Act; |
| 2. | Factories established adjacent to the agricultural development area prior to December 31, 2008, and where it is impossible to enlarge factories on land outside the agricultural development area due to being surrounded by roads, railroads, rivers, buildings or sea. |
| (3) | A small or medium entrepreneur whose factory has been located in a quasi-agricultural or forestry area under Article 6 of the Act on the Utilization and Management of the National Territory (referring to the Act which had existed until it was repealed by Article 2 of the Addenda of the National Land Planning and Utilization Act, Act No. 6655) since before December 31, 1993 may enlarge the factory on conditions prescribed by Presidential Decree, notwithstanding the provisions of Article 15 of the same Act (in the case of the National Land Planning and Utilization Act, it refers to Article 76 of the same Act): Provided, That this shall not apply to factories emitting specific substances compromising the quality of water under subparagraph 8 of Article 2 of the Water Environment Conservation Act or specific air pollutants under subparagraph 9 of Article 2 of the Clean Air Conservation Act. <Amended on Jan. 17, 2017> |
| (4) | Where an occupant enterprise located within an industrial complex intends to enlarge its manufacturing facilities on the existing site, it shall be deemed to have concluded a contract for occupancy modification, notwithstanding the provisions of Article 38 (2) of the Industrial Cluster Development and Factory Establishment Act, if the building area to be enlarged does not exceed 20/100 of the building area of the relevant factory (referring to the area calculated by adding the horizontally projected area of outdoor artificial structures used as the manufacturing facilities to the sum of the floor area of each floor of a building designed to install machinery or apparatuses used as manufacturing facilities) and the occupant enterprise has reported in advance to the relevant administrative agency pursuant to Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 16-2 (Special Cases concerning Replacement of Factory Facilities) |
A factory owner may replace its existing facilities (referring to all the facilities including manufacturing facilities and the structures referred to in Article 83 of the Building Act) with new ones in the following cases, even though the replacement of existing facilities of a factory constitutes the restrictions of acts under Articles 76 through 80, 80-2, 81, 83 and 84 of the National Land Planning and Utilization Act due to the designation or alteration of a specific-use area, specific-use district or specific-use zone (hereinafter referred to as "specific-use area, etc." in this Article) under Articles 36 through 38, 38-2 and 39 through 42 of the National Land Planning and Utilization Act or as prescribed by Presidential Decree:
| 1. | Where unavoidable reasons exist, such as deterioration of existing facilities, the end of their useful life, or the necessity of new facilities to manufacture products; |
| 2. | Where the approval or registration of the establishment of a factory has been obtained before the designation or alteration of the specific-use area, etc. or other cause prescribed by Presidential Decree arises; |
| 3. | Where the existing facilities are replaced with facilities of the same size or smaller. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 17 (Special Cases concerning Inspection of Use of Buildings) |
Where construction permission under Article 11 of the Building Act has been obtained on one occasion for at least two buildings in the same factory land, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may execute an inspection of the use of each completely-constructed building, notwithstanding the provisions of Article 22 of the same Act.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 18 (Special Cases concerning Conversion of Grassland in Development Promotion Districts) |
| (1) | If a person intending to convert a grassland and develop it in accordance with the Class-II district unit plan under Article 49 of the National Land Planning and Utilization Act in the development promotion district decided and publicly notified under Article 37 (1) 7 of the same Act has obtained permission for development from the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in its jurisdiction in accordance with Article 56 of the same Act, he or she shall be deemed to have obtained permission to convert grassland under Article 23 (2) of the Grassland Act. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in its jurisdiction shall ascertain whether the requirements for permission to convert grassland are met under Article 23 (2) of the Grassland Act, whether costs incurred in creating substitute grassland has been paid or has been reduced before granting permission for such development activity; and where authority to grant permission to convert grassland applies to other administrative agencies than the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun, he or she shall consult, in advance, with the head of the other administrative agencies. <Amended on Apr. 14, 2011; Apr. 18, 2017> |
| (2) | When the Minister of Land, Infrastructure and Transport (including the head of a local government with delegated authority from the Minister of Land, Transport and Maritime Affairs) decides and publicly notifies the development promotion district under Article 37 (1) 7 of the National Land Planning and Utilization Act after consultation with the head of a Si/Gun having the authority to grant permission to convert grassland pursuant to Article 23 (2) of the Grassland Act, a person intending to perform development activities in accordance with the district unit planning under Article 49 of the National Land Planning and Utilization Act shall be deemed to have obtained permission to convert grassland or have reported thereon pursuant to Article 23 (2) or (3) of the Grassland Act. In such cases, the person intending to engage in such development activities shall pay the costs incurred in creating substitute grassland in advance under Article 23 (6) of the Grassland Act before applying for permission for such development activities to the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in its jurisdiction under Article 56 of the National Land Planning and Utilization Act. <Amended on Apr. 14, 2011; Mar. 23, 2013; Apr. 18, 2017> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 19 (Special Cases concerning Permission for Conversion of Mountainous Districts) |
A Metropolitan City Mayor, a Do Governor or the Special Self-Governing Province Governor shall have an authority to grant permission to convert or temporarily use mountainous districts with an area of not exceeding 150 thousand square meters for the purposes of preparing industrial land from among cases regarding the conversion or temporary use of mountainous districts under Articles 14, 15 and 15-2 of the Mountainous Districts Management Act, notwithstanding the provisions of Article 52 of the same Act. In such cases, with respect to Articles 14, 15, 15-2 and 20 of the Mountainous Districts Management Act and other provisions related to the conversion or temporary use of mountainous districts, the “Minister of Korea Forest Service” shall be deemed a “Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor.”
[This Article Wholly Amended on Apr. 14, 2011]
| Article 20 (Special Cases concerning Authority Related to Development of Agricultural and Industrial Complexes) |
The authority to approve the execution plans for development of agricultural and industrial complexes pursuant to Article 19 of the Industrial Sites and Development Act and to authorize the completion of a development project pursuant to Article 37 of the same Act, shall be exercised by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, notwithstanding the provisions of Articles 19 and 37 of the same Act. In such cases, with respect to Articles 19, 19-2, 37 of the Industrial Sites and Development Act and other provisions related to the approval of and public notice regarding the execution plans for development of agricultural and industrial complexes and the completion authorization of the development project, the “Mayor/Do Governor” shall be deemed the “Special Self-Governing Province Governor or the head of a Si/Gun/Gu.”
[This Article Wholly Amended on Apr. 14, 2011]
| Article 21 (Deregulation of Secure Standard of Public Green Belts in Industrial Complexes) |
| (1) | A national industrial complex, a general industrial complex or a high-tech industrial complex in a city under Article 2 of the Industrial Sites and Development Act may secure a public green belt in accordance with the following criteria, notwithstanding development guidelines for the industrial sites pursuant to Article 5 of the same Act and the contents consulted regarding the environmental impact statement under Article 29 of the Environmental Impact Assessment Act: <Amended on Jul. 21, 2011> |
| 1. | Where an area of the industrial complex is at least three square kilometers, it shall be between 10/100 and 13/100 of an area of industrial complex; |
| 2. | Where an area of the industrial complex is between one square kilometer and three square kilometers, it shall be between 7.5/100 and 10/100 of an area of industrial complex; |
| 3. | Where an area of industrial complex does not exceed one square kilometer, it shall be between 5/100 and 7.5/100 of an area of industrial complex. |
| (2) | Even if a site has been secured for the formation of a public green belt in accordance with paragraph (1), an agency having the authority to approve the execution plan for development of industrial complexes may, when he or she deems it is impracticable to form a green belt under the circumstances facing the relevant industrial complex, defer the formation duty of a public green belt until the formation of a green belt becomes possible. |
| (3) | Where a person having the authority to approve the execution plan for development of industrial complexes deems it is unnecessary to form a buffer green belt in accordance with the industrial sites development guidelines pursuant to Article 5 of the Industrial Sites and Development Act because forest land for preservation, etc. is located on the border of an industrial complex, the buffer green belt need not be formed. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 22 (Special Cases concerning Selection of Occupant Enterprises in Agricultural and Industrial Complexes) |
Where a factory, generating specific substances that compromise the quality of water under subparagraph 8 of Article 2 of the Water Environment Conservation Act or specific air pollutants under subparagraph 9 of Article 2 of the Clean Air Conservation Act, is unlikely to discharge specific substances compromising the quality of water or specific air pollutants from final discharge or exhaust pipes by installing preventive facilities, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may grant permission to let in or enlarge relevant factories in an agricultural and industrial complex where wastewater treatment facilities referred to in subparagraph 17 of Article 2 of the Water Environment Conservation Act are installed, notwithstanding the management guidelines for agricultural and industrial complexes under Article 32 (2) of the Industrial Cluster Development and Factory Establishment Act. <Amended on Jan. 27, 2016; Jan. 17, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 23 (Special Cases concerning Permission for Land Trade Contracts) |
Where the establishment of a factory, etc., has been approved or where the executor of a project for development of industrial complexes under Article 16 of the Industrial Sites and Development Act has obtained approval for an execution plan pursuant to Articles 17, 17-2, 18, 18-2 and 19 of the same Act, he or she shall be deemed obtained permission for a land trade contract under Article 11 of the Act on Report on Real Estate Transactions, Etc. <Amended on Jan. 19, 2016>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 24 (Special Cases concerning Apportionment for Industrial Complex Development Projects) |
| (1) | Any person supplying electricity to an industrial complex shall, upon request of an executor of a project for development of industrial complexes, install electric arterial facilities and power distribution facilities used for supply of electricity for an industrial complex up to the road determined as urban military planning facilities in the execution plan for development of industrial complexes, notwithstanding the provisions of Article 28 of the Industrial Sites and Development Act. <Amended on Apr. 14, 2011> |
| (2) | Expenses incurred in installing electric arterial facilities and power distribution facilities in order to supply electricity in the industrial complex under paragraph (1) shall be borne by the person supplying electricity: Provided, That where electric arterial facilities or power distribution facilities are installed underground at the request of an executor of a project for development of industrial complexes, an occupant enterprise, a local government, etc., installation expenses shall be shared by a person supplying electricity and a person requesting for such facilities to be installed underground at the rate of 50/100, respectively. |
| (3) | Any person supplying electricity may collect the amount to be borne by the person requesting under the proviso to paragraph (2) in equal installments over three years from the date when installations of electric arterial facilities and power distribution facilities are completed. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 25 (Special Cases concerning Reversion of Public Facilities and Land.) |
The State or a local government's property disused due to the execution of an industrial complex development project shall be transferred gratuitously to the project operator to the extent corresponding to the installation cost of public facilities newly installed and reverted to the State or a local government without compensation by the project operator under Article 16 (1) of the Industrial Sites and Development Act, notwithstanding the provisions of Article 26 (2) of the same Act: Provided, That this shall not apply to the property not transferable unavoidably to accomplish purposes of the State or a local government.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 26 (Deregulation of Duty to Maintain Landscaping in Land for Factories) |
| (1) | An occupant enterprise referred to in subparagraph 18 of Article 2 of the Industrial Cluster Development and Factory Establishment Act shall be exempt from the duty to landscape the relevant site for the occupant enterprise, notwithstanding the provisions of Article 42 of the Building Act. |
| (2) | Where any person constructs a factory on land with an area of at least 200 square meters outside an industrial complex, he or she shall take necessary measures for landscaping such as planting or cultivating trees on land in accordance with the standards of the following, notwithstanding the provisions of Article 42 of the Building Act: Provided, That measures necessary for landscaping need not be taken for factories, the total floor area of which does not exceed 1,500 square meters, and where standards prescribed by municipal ordinances of local governments under Article 42 of the Building Act are determined leniently than those in the following, the standards prescribed by the relevant municipal ordinance shall apply: |
| 1. | At least 10/100 of an area of the land in cases of a factory, the total floor area of which is at least 2,000 square meters; |
| 2. | At least 5/100 of an area of the land in cases of a factory, the total floor area of which is between 1,500 and 2,000 square meters; |
| 3. | At least 10/100 of an area of the land in cases of a factory located in the green area for conservation. |
| (3) | Paragraph (2) shall apply mutatis mutandis to the establishment of distribution facilities determined by Presidential Decree on land (excluding the land in a residential area and a commercial area under the National Land Planning and Utilization Act) with an area of at least 200 square meters. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 27 (Report on Completion of Factory Establishment) |
Where a person who has obtained approval for factory establishment, etc. pursuant to Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act has undergone an inspection of the use of a completely-constructed building after installing manufacturing facilities with approval for a temporary use pursuant to Article 22 (3) of the Building Act, he or she shall be deemed to have reported the completion of the establishment, etc. of a factory pursuant to Article 15 of the Industrial Cluster Development and Factory Establishment Act.
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER III EXEMPTION FROM OBLIGATORY EMPLOYMENT
| Article 28 (Autonomous Employment by Enterprises) |
| (1) | None of the following persons shall be employed, hired, appointed, designated or selected (hereinafter referred to as "employed"), notwithstanding the statutes corresponding to the following: <Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 28, 2015; Jan. 6, 2016; Jan. 15, 2019> |
| 1. | An industrial health doctor to be appointed by a business owner under Article 22 (1) of the Occupational Safety and Health Act; |
| 2. | An environment engineer to be appointed by a business entity under Article 19 (1) of the Noise and Vibration Control Act; |
| 3. | A safety officer (limited to a person prescribed by Presidential Decree) to be selected by a business owner, etc., of liquefied petroleum gas under Article 34 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 4. | A mine safety manager (limited to a person prescribed by Ordinance of the Ministry of Trade, Industry and Energy) to be appointed by a person having mining rights or mine concessions under Article 13 (1) of the Mining Safety Act. |
| (2) | No cook needs be appointed in a cafeteria managed by either a small or medium entrepreneur or a person operating manufacturing business other than a small or medium entrepreneur (hereinafter referred to as a "small or medium entrepreneur, etc."), notwithstanding Article 51 of the Food Sanitation Act. <Amended on Apr. 14, 2011> |
| (3) | Deleted. <Apr. 14, 2011> |
| (4) | A business entity at a place of business who has not employed a person falling under subparagraph 2 of paragraph (1) pursuant to the same paragraph shall designate a person in charge of such place of business as a project superintendent, and require him or her to undertake duties to be performed by the person falling under the same provision. <Amended on Apr. 14, 2011> |
| (5) | The Government may establish and implement policies necessary to facilitate employment of persons falling under paragraph (1) by a person who need not employ persons falling under any of the subparagraphs of the same paragraph. ＜Amended on Apr. 14, 2011> |
[This Article Wholly Amended on Apr. 10, 1997]
[Title Amended on Apr. 14, 2011]
| Article 29 (Permission for Safety Officers Holding Concurrent Offices) |
| (1) | Where a person who must employ at least two of the following persons has employed one of them, he or she shall also be deemed to have employed the rest whom he or she shall employ as well as a safety officer prescribed in Article 17 of the Occupational Safety and Health Act: <Amended on Jan. 28, 2015; Jan. 15, 2019> |
| 1. | A safety officer to be appointed by a person manufacturing, storing, or selling high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 2. | A safety officer to be appointed by a person performing business of filling, wholesaling, or selling liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 3. | A safety officer to be appointed by an urban gas business entity pursuant to Article 29 of the Urban Gas Business Act; |
| 4. | A safety controller of dangerous substances to be appointed by a person relevant to the place of manufacturing, etc., pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances. |
| (2) | Where a person who must employ any of the following persons has employed one of them in his or her main business fields, etc., he or she shall also be deemed to have employed a safety officer pursuant to Article 17 of the Occupational Safety and Health Act: <Amended on Aug. 4, 2011; Jan. 6, 2015; Jan. 28, 2015; Jan. 6, 2016; Oct. 31, 2017; Apr. 17, 2018; Jan. 15, 2019; Mar. 31, 2020> |
| 1. | A safety officer to be appointed by a business entity, etc.(excluding persons manufacturing, storing, or selling high-pressure gas) or a person having reported the use of specific high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 2. | A safety officer to be appointed by a business entity, etc. (excluding a person operating a liquefied petroleum gas-filling business or liquefied petroleum gas collective supply business) or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 3. | A safety officer to be appointed by a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 4. | A safety officer for fire prevention to be appointed by a person relevant to specified fire-fighting objects pursuant to Article 20 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems; |
| 5. | A safety controller of hazardous substances to be appointed by a person relevant to a place of manufacturing, etc., pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances; |
| 6. | A poisonous substance manager to be appointed pursuant to Article 25 (1) of the Toxic Chemicals Control Act; |
| 7. | A mine safety manager to be appointed by a person having mining rights or mine concession rights pursuant to Article 13 of the Mining Safety Act; |
| 8. | A security supervisor of manufacturing and managing explosives to be appointed by a person manufacturing or selling explosives, installing explosives storage facility, or using explosives pursuant to Article 27 of the Act on the Safety Management of Guns, Swords, Explosives, Etc.; |
| 9. | An electrical safety supervisor to be appointed by an electric business entity, an owner or occupant of electric installations for private use pursuant to Article 22 of the Electrical Safety Management Act; |
| 10. | A manager of machinery and equipment subject to inspection to be appointed by an installer of manager of machinery and equipment subject to inspection pursuant to Article 40 of the Energy Use Rationalization Act. |
| (3) | Where a person mainly running the business of manufacturing or storing explosives or mining operations and who shall employ security supervisors of manufacturing explosives, security supervisors of managing explosives or mine safety managers (limited to a person prescribed by Ordinance of the Ministry of Trade, Industry and Energy) pursuant to Article 27 of the Act on the Safety Management of Guns, Swords, Explosives, Etc. or Article 13 of the Mining Safety Act, has employed one of them, he or she shall also be deemed to have employed each person to be employed by him or her according to the following provisions: <Amended on Aug. 4, 2011; Mar. 23, 2013; Jan. 6, 2015; Jan. 28, 2015; Jan. 6, 2016; Oct. 31, 2017; Apr. 17, 2018; Jan. 15, 2019; Mar. 31, 2020> |
| 1. | A safety officer to be employed by a business owner pursuant to Article 17 of the Occupational Safety and Health Act; |
| 2. | An electrical safety supervisor to be appointed by an electric business entity, an owner or occupant of electric installations for private use pursuant to Article 22 of the Electrical Safety Management Act; |
| 3. | A safety officer to be appointed by a business entity, etc., or a person having reported the use of specific high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 4. | A safety officer to be appointed by a business entity, etc., or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 5. | A safety officer to be appointed by a business entity of urban gas or a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 6. | A safety officer for fire prevention to be appointed by a person relevant to specified fire-fighting objects pursuant to Article 20 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems; |
| 7. | A safety controller of hazardous substances to be appointed by a person relevant to a place of manufacturing, etc., pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances; |
| 8. | A poisonous substance manager to be designated pursuant to Article 25 (1) of the Toxic Chemicals Control Act; |
| 9. | A manager of machinery and equipment subject to inspection to be appointed by an installer of manager of machinery and equipment subject to inspection pursuant to Article 40 of the Energy Use Rationalization Act. |
| (4) | Where a person who must employ at least two of the following persons has employed one of them, he or she shall also be deemed to have employed the rest: <Amended on Jan. 17, 2017; Jan. 15, 2019> |
| 1. | An environment engineer to be designated by a business entity pursuant to Article 47 of the Water Environment Conservation Act; |
| 2. | An environment engineer to be designated by a business entity pursuant to Article 40 of the Clean Air Conservation Act; |
| 3. | A health officer to be employed by a business owner pursuant to Article 18 of the Occupational Safety and Health Act. |
| (5) | Matters necessary for the scope of a safety officer under paragraphs (1) 1 through 3 and (2) 1 through 3, the scope of the handling office provided for in paragraphs (1) 4 and (2) 5, criteria for main business fields, etc., referred to in paragraph (2) or (3), criteria for exemption from employment pursuant to paragraph (4), etc., shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 30 (Reduced Obligation for Small and Medium Entrepreneurs to Employ Safety Officers) |
| (1) | Where a small or medium entrepreneur has employed a safety officer under Article 17 of the Occupational Safety and Health Act (including cases of entrusting duties of a safety officer to a specialized safety management institution under Article 17 (4) of the Occupational Safety and Health Act only for the type and scale of business prescribed by Presidential Decree), he or she shall also be deemed to have employed each person whom he must employ under the following: <Amended on Jan. 28, 2015; Jan. 15, 2019> |
| 1. | A safety officer to be appointed by a business entity, etc. (excluding persons manufacturing, storing, or selling high-pressure gas) or persons having reported the use of specific high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 2. | A safety officer to be appointed by a business entity, etc. (excluding persons running business of filling, collectively supplying or selling liquefied petroleum gas) or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 3. | A safety officer to be appointed by a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 4. | A poisonous substance manager to be appointed pursuant to Article 25 (1) of the Toxic Chemicals Control Act. |
| (2) | Where a small or medium entrepreneur, etc., relevant to specified fire-fighting objects pursuant to Article 20 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems has employed any of the following persons, he or she shall also be deemed to have employed a safety officer for fire prevention under paragraph (2) of the same Article: <Amended on Aug. 4, 2011; Jan. 28, 2015; Oct. 31, 2017; Jan. 15, 2019; Mar. 31, 2020> |
| 1. | A safety officer to be employed by a business owner pursuant to Article 17 of the Occupational Safety and Health Act; |
| 2. | An electrical safety supervisor to be appointed by an electric business entity, an owner or occupant of electric installations for private use pursuant to Article 22 of the Electrical Safety Management Act; |
| 3. | A safety officer to be appointed by a business entity, etc., or a person having reported the use of specific high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 4. | A safety officer to be appointed by a business entity, etc., or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 5. | A safety officer to be appointed by an urban gas business entity or a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 6. | A safety controller of hazardous substances to be appointed by a relevant person with a place of manufacturing, etc. pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances. |
| (3) | Where a small or medium entrepreneur running business or having a place of work prescribed by Presidential Decree has employed any of the following persons, he or she shall also be deemed to have employed the rest to be employed by him or her pursuant to the following statutes as well as a safety officer to be employed pursuant to Article 17 of the Occupational Safety and Health Act: <Amended on Jan. 28, 2015; Jan. 15, 2019> |
| 1. | A safety officer to be appointed by a business entity, etc. or a person having reported the use of specific high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 2. | A safety officer to be appointed by a business entity, etc. or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 3. | A safety officer to be appointed by an urban gas business entity or a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 4. | A safety controller of hazardous substances to be appointed by a person concerned with a place of manufacturing, etc. pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances; |
| 5. | A poisonous substance manager to be appointed pursuant to Article 25 (1) of the Toxic Chemicals Control Act. |
| (4) | The scope of safety officers prescribed in the provisions of paragraphs (1) 1 through 3, (2) 3 through 5, and (3) 1 through 3 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 31 (Reduced Burden of Obligatory Employment for Small or Medium Entrepreneurs Having Employed Holders of at Least Two Qualifications) |
| (1) | Where a small or medium entrepreneur, etc., has employed a person who has at least two of the following qualifications, he or she shall be deemed to have employed all of the people having qualifications corresponding thereto: <Amended on Jan. 28, 2015; Jan. 15, 2019; Mar. 31, 2020> |
| 1. | A safety officer to be employed by a business owner pursuant to Article 17 of the Occupational Safety and Health Act; |
| 2. | An electrical safety supervisor to be appointed by an electric business entity, an owner or occupant of electric installations for private use pursuant to Article 22 of the Electrical Safety Management Act; |
| 3. | A safety officer to be appointed by a business entity, etc. or a person having reported the use of high-pressure gas pursuant to Article 15 of the High-Pressure Gas Safety Control Act; |
| 4. | A safety officer to be appointed by a business entity, etc. or a specific user of liquefied petroleum gas pursuant to Article 34 of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 5. | A safety officer to be appointed by an urban gas business entity or a user of a specific gas facility pursuant to Article 29 of the Urban Gas Business Act; |
| 6. | A safety controller of hazardous substances to be appointed by a person concerned with a place of manufacturing, etc. pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances. |
| (2) | The scope of safety officers under the provisions of paragraph (1) 3 through 5 shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 32 (Joint Employment of Safety Controllers of Dangerous Substances) |
| (1) | Any person concerned with a place of manufacturing, etc. prescribed in Article 15 of the Act on the Safety Control of Hazardous Substances and running business in the following areas or premises (hereinafter referred to as "industrial complex, etc.") may appoint a safety controller of dangerous substances, jointly with persons concerned with not more than three places of manufacturing, etc. in the same industrial complex, etc., notwithstanding the same Article. In such cases, the quantity of dangerous substances in each place of manufacturing, etc. shall not exceed 3,000 times the quantity specified in Article 2 (1) 2 of the same Act: <Amended on Aug. 4, 2011; Mar. 23, 2013: Jan. 17, 2017> |
| 1. | An industrial complex prescribed in subparagraph 8 of Article 2 of the Industrial Sites and Development Act; |
| 2. | Areas for introducing investments prescribed in Article 23 of the Industrial Cluster Development and Factory Establishment Act and knowledge industry centers established under Article 28-2 of the same Act; |
| 3. | Cooperative complexes with approval for the execution plans for an industrial complex development project prescribed in Article 31 of the Small and Medium Enterprises Promotion Act; |
| 4. | Areas where joint prevention facilities have been established pursuant to Article 29 of the Clean Air Conservation Act or Article 35 (4) of the Water Environment Conservation Act; |
| 5. | Other collectivization areas determined by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | Any person concerned with specific fire-prevention objects pursuant to Article 2 (1) 3 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems and who is running business in the same industrial complex, etc. may appoint a safety officer for fire prevention, jointly with persons concerned with not more than three specific fire-prevention objects, notwithstanding the provisions of Article 20 (2) of the same Act. In such cases, the total floor areas of their special fire-prevention objects shall not exceed 40,000 square meters. <Amended on Aug. 4, 2011; Oct. 31, 2017> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 33 (Joint Employment of Poisonous Substance Managers) |
Any person running business in the same industrial complex, etc. and who shall employ a poisonous substance manager pursuant to Article 25 (1) of the Toxic Chemicals Control Act may appoint a poisonous substance manager, jointly with business entities of not more than five places of work, notwithstanding the same paragraph: Provided, That this shall not apply to those running business of handling restricted or prohibited substances.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 34 (Joint Employment of Managers of Machinery and Equipment Subject to Inspection) |
An installer of machinery and equipment subject to inspection under Article 39 (2) of the Energy Use Rationalization Act who runs business in the same industrial complex, etc. may employ a manager of machinery and equipment subject to inspection, jointly with installers of machinery and equipment subject to inspection at not more than three places of work, notwithstanding the provisions of Article 40 of the same Act. In such cases, the aggregate number of machinery and equipment subject to inspection owned by them shall not exceed ten. <Amended On Apr. 17, 2018>
[This Article Wholly Amended on Apr. 14, 2011]
[Title Amended on Apr. 17, 2018]
| Article 35 (Joint Employment of Electrical Safety Supervisors) |
Any person running business in the same industrial complex, etc. and who owns or occupies electric installations for private use pursuant to subparagraph 19 of Article 2 of the Electric Utility Act may appoint an electrical safety supervisor, jointly with owners or occupants of electric installations for private use at not more than three places of work, notwithstanding Article 22 of the Electrical Safety Management Act. In such cases, the total capacity of electric installations used thereby shall not exceed 1,500 kilo watts. <Amended on Mar. 31, 2020>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 36 (Joint Employment of Industrial Safety Officers) |
Any person running business in the same industrial complex, etc. may employ a safety officer or health officer, jointly with business owners of not more than three places of work, notwithstanding the provisions of Articles 17 and 18 of the Occupational Safety and Health Act. In such cases, the aggregate of full-time employees between them shall not exceed 300. <Amended on Jan. 15, 2019>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 37 (Joint Employment of Atmospheric Environmental Engineers) |
A business entity under Article 26 of the Clean Air Conservation Act, running business in the same industrial complex, etc., may appoint an environmental engineer, jointly with business entities of not more than four places of work (not more than three places of work in cases of places of work prescribed by Presidential Decree), notwithstanding the provisions of Article 40 of the same Act. In such cases, their places of work of a relevant business entity shall fulfill each of the conditions classified as follows:
| 1. | Places of work not emitting specific air pollutants: The amount of air pollutants generated per year (referring to dust, sulfur oxides, and nitrogen oxides generated before passing through preventive facilities, the amount of which is calculated by such means as provided for in Article 42 of the Enforcement Rule of the Clean Air Conservation Act; hereinafter the same shall apply in this Article) shall not exceed 80 tons; |
| 2. | Places of work emitting specific air pollutants: The amount of air pollutants generated per year shall not exceed 20 tons. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 38 (Joint Employment of Water Quality Environmental Engineers) |
A business entity under Article 35 of the Water Environment Conservation Act, running business in the same industrial complex, etc., may appoint an environmental engineer, jointly with business entities for not more than four places of work (not more than three places of work in cases of places of work prescribed by Presidential Decree), notwithstanding the provisions of Article 47 of the same Act. In such cases, their places of work shall discharge waste water not exceeding 2,000 cubic meters per day where the waste water does not contain specific substances compromising the quality of water, or shall discharge waste water not exceeding 700 cubic meters per day where the waste water contains specific substances compromising the quality of water. <Amended on Jan. 17, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 39 (Management of Jointly Employed Persons) |
| (1) | With respect to those employed jointly at no less than two places of work pursuant to the provisions of Articles 32 through 38 (hereinafter referred to as "jointly employed persons" in this Article), matters necessary for duties, including working hours for each place of work or others, shall be prescribed by Presidential Decree. |
| (2) | A jointly employed person shall not hold duties concurrently with other compulsory employees (referring to persons who shall be employed by statutes; hereinafter the same shall apply). |
| (3) | Where working hours of jointly employed persons at a relevant place of work falls short of working hours for each place of work provided for in paragraph (1), or jointly employed persons hold duties concurrently with other compulsory employees in violation of paragraph (2), the business entity of the relevant place of work shall be deemed not to have employed the employee jointly. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 40 (Outsourcing of Safety Control) |
| (1) | A business entity may entrust duties of any of the following persons to a management agency designated by the head of a relevant central administrative agency or Mayor/Do Governor, notwithstanding the statutes in the following: <Amended on Jan. 6, 2015; Jan. 17, 2017; Apr. 17, 2018; Jan. 15, 2019> |
| 1. | A safety officer to be appointed by a business entity under Article 17 of the Occupational Safety and Health Act; |
| 2. | A health officer to be appointed by a business entity under Article 18 of the Occupational Safety and Health Act; |
| 3. | A safety controller of hazardous substances to be appointed by a relevant person with a place of manufacturing, etc., pursuant to Article 15 of the Act on the Safety Control of Hazardous Substances; |
| 4. | A security supervisor of manufacturing and managing explosives to be appointed by a person manufacturing, selling, installing in the storage facility, or using explosives pursuant to Article 27 of the Act on the Safety Management of Guns, Swords, Explosives, Etc.; |
| 5. | A manager of machinery and equipment subject to inspection to be appointed by an installer of manager of machinery and equipment subject to inspection pursuant to Article 40 of the Energy Use Rationalization Act; |
| 6. | A poisonous substance manager to be appointed pursuant to Article 25 (1) of the Toxic Chemicals Control Act; |
| 7. | An environmental engineer to be appointed by a business entity under Article 40 of the Clean Air Conservation Act; |
| 8. | An environmental engineer to be appointed by a business entity under Article 47 of the Water Environment Conservation Act. |
| (2) | "Head of the relevant central administrative agency or Mayor/Do Governor" in paragraph (1) means the head of the central administrative agency or Mayor/Do Governor specified in each of the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where a management agency is entrusted with duties of the person pursuant to paragraph (1) 1 and 2, he or she shall be the Minister of Employment and Labor; |
| 2. | Where a management agency is entrusted with duties of the person pursuant to paragraph (1) 3, he or she shall be the Administrator of the National Fire Agency; |
| 3. | Where a management agency is entrusted with duties of the person pursuant to paragraph (1) 4, he or she shall be the Minister of the Interior and Safety; |
| 4. | Where a management agency is entrusted with duties of the person pursuant to paragraph (1) 5, he or she shall be the Minister of Trade, Industry and Energy; |
| 5. | Where a management agency is entrusted with duties of the person pursuant to paragraph (1) 6 through 8, he or she shall be the Mayor/Do Governor. |
| (3) | Matters necessary for the requirements of designation, procedures for an application for designation, revocation of designation, suspension of duties, etc., of a management agency under paragraph (1) shall be determined respectively by Ordinance of the corresponding Ministry specified, as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Matters concerning a management agency entrusted with duties of the person prescribed in paragraph (1) 1 and 2 shall be determined by Ordinance of the Ministry of Employment and Labor; |
| 2. | Matters concerning a management agency entrusted with duties of the person prescribed in paragraph (1) 3 and 4 shall be determined by Ordinance of the Ministry of the Interior and Safety; |
| 2-2. | Deleted; <Jul. 26, 2017> |
| 3. | Matters concerning a management agency entrusted with duties of the person prescribed in paragraph (1) 5 shall be determined by Ordinance of the Ministry of Trade, Industry and Energy; |
| 4. | Matters concerning a management agency entrusted with duties of the person prescribed in paragraph (1) 6 through 8 shall be determined by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 41 Deleted. <Apr. 14, 2011> |
| Article 42 (Consultation at Time of Enactment or Amendment of Statutes or Regulations) |
Where the head of a relevant administrative agency wishes to enact or amend statutes or regulations with regard to matters concerning reduced burden of obligatory employment prescribed in this chapter or matters affecting the obligation to employ such as the number, qualifications, etc. of compulsory employees, he or she shall consult the Minister of Trade, Industry and Energy in advance. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER IV DEREGULATION ON EXPORTATION AND IMPORTATION
| Article 43 Deleted. <Jan. 28, 2000> |
| Article 44 Deleted. <Jan. 28, 2000> |
| Article 45 Deleted. <Feb. 5, 1999> |
| Article 46 (Consultation on Guidelines for Exportation and Importation) |
| (1) | The head of the relevant administrative agency intending to decide guidelines for exportation and importation of goods in accordance with statutes or regulations other than the Foreign Trade Act, shall consult in advance with the Minister of Trade, Industry and Energy. In such cases, the Minister of Trade, Industry and Energy may adjust the guidelines for exportation and importation of relevant goods. <Amended on Mar. 23, 2013> |
| (2) | Where the head of the relevant administrative agency decides guidelines for exportation and importation of goods pursuant to paragraph (1), he or she shall submit to the Minister of Trade, Industry and Energy the guidelines for exportation and importation of goods in order to make the consolidated public notice pursuant to Article 12 of the Foreign Trade Act prior to the enforcement date of the pertinent statutes or regulations. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER V EXEMPTION FROM INSPECTION, ETC.
| Article 47 (Relaxation from Inspection) |
| (1) | A machine, apparatus, and facilities subject to inspection under the following provisions shall be exempt from safety certification prescribed in Article 84 (1) of the Occupational Safety and Health Act, the reporting prescribed in Article 89 (1) of the same Act and the safety inspection prescribed in Article 93 (1) of the same Act: <Amended on Apr. 14, 2011; Jan. 6, 2016; Mar. 27, 2018; Jan. 15, 2019; Mar. 31, 2020> |
| 1. | Article 39 of the Energy Use Rationalization Act; |
| 2. | Article 23 of the Integrated Energy Supply Act; |
| 3. | Articles 63 and 64 of the Electric Utility Act; |
| 3-2. | Articles 9 through 11 of the Electrical Safety Management Act; |
| 4. | Article 17 of the High-Pressure Gas Safety Control Act; |
| 5. | Article 9 of the Mining Safety Act; |
| 6. | Articles 28, 31, and 32 of the Elevator Safety Management Act. |
| (2) | Deleted. <Aug. 3, 2007> |
| (3) | The timing, inspection agency, scope, method, etc., shall be prescribed by Presidential Decree in relation to inspections prescribed in Article 17 (2) of the High-Pressure Gas Safety Control Act on pressure vessels among specific facilities pursuant to subparagraph 5 of Article 3 of the same Act, inspections prescribed in Article 39 (4) of the Energy Use Rationalization Act on pressure vessels among machinery and equipment subject to inspection prescribed in Article 39 (1) of the same Act, and the safety inspection on pressure vessels among harmful and dangerous machinery, etc., prescribed in Article 93 (1) of the Occupational Safety and Health Act. <Amended on Apr. 14, 2011; Jan. 15, 2019> |
| (4) | Any person who imports things prescribed by Ordinance of the Ministry of Trade, Industry and Energy from among specific installations and protective equipment as follows may undergo an inspection, receive safety certification, or report autonomous safety confirmation to/from the Korea Gas Safety Corporation established pursuant to Article 28 of the High-Pressure Gas Safety Control Act or the Korea Occupational Safety and Health Agency pursuant to the Korea Occupational Safety and Health Agency Act, notwithstanding the provisions of Article 17 (1) of the High-Pressure Gas Safety Control Act and Articles 84 (1) and 89 (1) of the Occupational Safety and Health Act. In such cases, where one of the inspections, the safety certification, and the reporting of autonomous safety confirmation has been conducted or received, all three of them shall be deemed conducted or received in accordance with each statute, respectively: <Amended on Apr. 14, 2011; Mar. 23, 2013; Jan. 15, 2019> |
| 1. | Specific installations subject to inspections under Article 17 (1) of the High-Pressure Gas Safety Control Act; |
| 2. | Protective equipment required to receive safety certification prescribed in Article 84 (1) of the Occupational Safety and Health Act or to report autonomous safety confirmation prescribed in Article 89 (1) of the same Act. |
| (5) | Deleted. <Mar. 25, 2009> |
[Title Amended on Apr. 14, 2011]
| Article 48 (Relaxation from Duplicate Inspection of Liquefied Petroleum Gas Facilities) |
| (1) | Where a person has obtained permission for liquefied petroleum gas-filling business, liquefied petroleum gas collective supply business, gas appliance manufacturing business or liquefied petroleum gas sales business prescribed in Article 5 of the Safety Control and Business of Liquefied Petroleum Gas Act, and where a person has obtained permission for urban gas business prescribed in Article 3 of the Urban Gas Business Act, he or she shall be deemed to have undergone examination and received confirmation on a plan for prevention of harm and danger pursuant to Article 42 (1) of the Occupational Safety and Health Act. The same shall apply to a person who has obtained permission for changing the matters already permitted. <Amended on Jan. 28, 2015; Jan. 15, 2019> |
| (2) | If a person who has obtained permission to install liquefied petroleum gas storage pursuant to Article 8 of the Safety Control and Business of Liquefied Petroleum Gas Act submits the document certifying that it permitted, along with a plan for the prevention of harm and danger of structures, machinery, apparatuses, facilities, etc., pursuant to Article 42 (1) of the Occupational Safety and Health Act to the Minister of Employment and Labor, he or she shall be deemed to have undergone examination and received confirmation on a plan for the prevention of harm and danger to the relevant liquefied petroleum gas storage. The same shall apply to a person who has obtained permission for changing the matters already permitted. <Amended on Jan. 28, 2015; Jan. 15, 2019> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 49 (Relaxation from Duplicate Inspection of Gas Goods) |
Where a person has obtained accreditation of products pursuant to Article 15 of the Industrial Standardization Act, he or she shall be exempt from an obligation to report or submit a document pursuant to Article 55 of the Safety Control and Business of Liquefied Petroleum Gas Act. <Amended on Jan. 28, 2015>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 50 (Relaxation of Evaluation of Electromagnetic Compatibility) |
Where a person intending to import machinery and tools triggering electromagnetic interference submits to the Minister of Science and ICT a document officially approving electromagnetic compatibility, which has been issued by a state-authorized accreditation institution determined by the Minister of Science and ICT in consultation with the Minister of Trade, Industry and Energy, he or she shall be deemed to have undergone the compatibility evaluation on the standard of electromagnetic compatibility pursuant to Article 47-3 (1) of the Radio Waves Act. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 51 Deleted. <Jan. 29, 1999> |
| Article 52 (Relaxation of Redundant Regulations on Identification of Chemical Substances) |
| (1) | Any person who has indicated poisonous substances prescribed in Article 29 of the Toxic Chemicals Control Act on a container or package of identical material shall be deemed indicated a hazardous substance on a container carrying hazardous substances and its exterior packaging in conformity with the loading method of hazardous substances as prescribed by Ordinance of the Ministry of the Interior and Safety pursuant to Article 20 of the Act on the Safety Control of Hazardous Substances, in a manner as determined by the Minister of Environment in consultation with the Administrator of the National Fire Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where a person who must display at least two signs under the following at his or her place of manufacturing, keeping or storing, transportation facility, etc., of the same materials has displayed a sign under subparagraph 1 in a manner as determined by the Administrator of the National Fire Agency in consultation with the Minister of Environment and the Minister of Employment and Labor, he or she shall be deemed displayed a sign under subparagraph 2 or 3: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 15, 2019> |
| 1. | A sign of a place of manufacturing, storing, or handling of a hazardous substance under Article 5 (4) of the Act on the Safety Control of Hazardous Substances; |
| 2. | A sign of a poisonous substance under Article 29 (2) of the Toxic Chemicals Control Act; |
| 3. | Installation or adhesion of a safety or health sign under Article 37 (1) of the Occupational Safety and Health Act. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 53 Deleted. <Mar. 7, 1997> |
| Article 54 (Special Cases concerning Permissible Emission Standards) |
Where a small or medium entrepreneur, etc. emits pollutants exceeding the permissible emission standards under Article 32 of the Water Environment Conservation Act, Article 16 or 29 (3) of the Clean Air Conservation Act for one of the following reasons, he or she shall be exempt from the imposition of emission dues prescribed in Article 41 (1) of the Water Environment Conservation Act or Article 35 (1) of the Clean Air Conservation Act: <Amended on Mar. 23, 2013; Jan. 17, 2017>
| 1. | Where emission or preventive facilities are operated improperly due to suspension of power supply or water supply not notified 48 hours before the suspension; |
| 2. | Where emission or preventive facilities are operated improperly due to a natural disaster, fire or other force majeure event; |
| 3. | Where flare stack in accordance with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Article 4 (4) of the High-Pressure Gas Safety Control Act or facilities prescribed by other statutes or regulations are operated to prevent accidents which may occur due to fire or explosion, etc.: Provided, That this shall exclude cases prescribed by Presidential Decree including improper operation, etc. of the facilities for a given period under the normal operation of emission or preventive facilities. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 54-2 Deleted. <Aug. 28, 1997> |
| Article 54-3 Deleted. <Aug. 28, 1997> |
| Article 54-4 (Exemption from Duty to Report on Appointment of Environmental Engineers) |
| (1) | A business entity under Article 35 (1) of the Water Environment Conservation Act need not report on the appointment or changes in appointment of an environmental engineer, notwithstanding Article 47 (1) of the same Act. <Amended on Jan. 17, 2017> |
| (2) | Deleted. <Feb. 1, 2012> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 54-5 Deleted. <Aug. 28, 1997> |
| Article 55 Deleted. <Mar. 25, 2009> |
| Article 55-2 Deleted. <Aug. 3, 2007> |
| Article 55-3 Deleted. <Aug. 3, 2007> |
| Article 55-4 Deleted. <Aug. 22, 1997> |
| Article 55-5 Deleted. <Feb. 3, 2015> |
| Article 55-6 (Integrated Formulation of Safety Control Regulations) |
Where a person responsible for submitting a plan for improving the safety under Article 13-2 (1) of the High-Pressure Gas Safety Control Act has formulated safety control regulations that contain the following matters in accordance with Article 11 (1) of the same Act, he or she shall be deemed to have made preventive regulations under the Act on the Safety Control of Hazardous Substances or safety and health management regulations under Article 25 of the Occupational Safety and Health Act: <Amended on Jan. 15, 2019>
| 1. | Matters concerning the preventive regulations under Article 17 of the Act on the Safety Control of Hazardous Substances; |
| 2. | Matters concerning the safety and health control regulations under Article 25 of the Occupational Safety and Health Act. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 55-7 Deleted. <Mar. 31, 2005> |
| Article 55-8 (Deregulation on Processing of Insurance Revenues of Gas Business Entities) |
The provision allowing the Minister of Trade, Industry and Energy permits insurers to allocate some of their insurance revenues to people engaged in projects for the prevention of gas accidents in accordance with Article 25 (3) of the High-Pressure Gas Safety Control Act, Article 57 (3) of the Safety Control and Business of Liquefied Petroleum Gas Act, and Article 43 (3) of the Urban Gas Business Act shall be waived. <Amended on Mar. 23, 2013; Jan. 28, 2015>
[This Article Wholly Amended on Apr. 14, 2011]
| Article 55-9 (Exemption from Duty to Report on Appointment or Dismissal of Gas Related Safety Officers) |
A business entity under the High-Pressure Gas Safety Control Act, the Safety Control and Business of Liquefied Petroleum Gas Act, and the Urban Gas Business Act need not report matters under the following with respect to the appointment, dismissal, or retirement of safety officers as prescribed by Presidential Decree, notwithstanding the same Acts: <Amended on Jan. 28, 2015>
| 1. | Article 15 (3) of the High-Pressure Gas Safety Control Act; |
| 2. | Article 34 (2) of the Safety Control and Business of Liquefied Petroleum Gas Act; |
| 3. | Article 29 (2) of the Urban Gas Business Act. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 55-10 Deleted. <Dec. 27, 2007> |
CHAPTER VI ELIMINATION OF ENTRY RESTRICTIONS, ETC.
| Article 56 Deleted. <Feb. 5, 1999> |
| Article 57 Deleted. <Jan. 29, 1999> |
| Article 58 Deleted. <Aug. 22, 1997> |
| Article 59 Deleted. <Feb. 8, 1999> |
| Article 60 (Relaxation of Restrictions on Qualification for Participation in Bids) |
A head of a local government may not restrict qualification for participation in bids executed by the appurtenant local government, of a person on whom a restriction on qualification for participation in bids is placed by the head of other local government under Article 31 (1) of the Act on Contracts to which a Local Government is a Party, notwithstanding paragraph (2) of the same Article.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 60-2 Deleted. <Feb. 5, 1999> |
| Article 60-3 Deleted. <Aug. 22, 1997> |
| Article 60-4 Deleted. <Mar. 31, 2005> |
| Article 60-5 Deleted. <Sep. 7, 1999> |
| Article 60-6 Deleted. <Mar. 31, 2005> |
| Article 60-7 Deleted. <Jan. 28, 2000> |
| Article 60-8 (Special Cases concerning Scope of Duties of the Korea Water Resources Corporation) |
The Korea Water Resources Corporation under the Korea Water Resources Corporation Act may undertake projects for development of industrial complexes or special areas in the zones other than those related to projects for development of industrial complexes or special areas, finished or are under way by the Corporation, notwithstanding the proviso of Article 9 (1) 5 of the same Act.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 60-9 Deleted. <Jan. 28, 2000> |
| Article 60-10 Deleted. <Jan. 28, 2000> |
| Article 60-11 Deleted. <Jan. 28, 2000> |
| Article 60-12 Deleted. <Mar. 31, 2005> |
| Article 60-13 (Deregulation on Business Succession) |
| (1) | Any person who has acquired any of the following facilities in accordance with an auction under the Civil Execution Act, a conversion under the Debtor Rehabilitation and Bankruptcy Act, a sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Collection Act and other procedures corresponding to such means, shall succeed to the status of a business entity, etc., under Articles 4 and 5 of the High-Pressure Gas Safety Control Act or Article 3 of the Urban Gas Business Act: Provided, That the same shall not apply where part of such facilities is acquired: <Amended on Dec. 27, 2016> |
| 1. | Facilities for manufacturing, storing or selling high-pressure gas by a person who has obtained permission or reported in accordance with Article 4 of the High-Pressure Gas Safety Control Act or by a person who has registered in accordance with Article 5 of the same Act; |
| 2. | Facilities for supplying urban gas by a person who has obtained permission in accordance with Article 3 of the Urban Gas Business Act. |
| (2) | Article 8 (2) and (3) of the High-Pressure Gas Safety Control Act or Article 7 (3) and (4) of the Urban Gas Business Act shall apply mutatis mutandis to a person who has succeeded to the status in accordance with the main clause of paragraph (1). |
[This Article Wholly Amended on Apr. 14, 2011]
ADDENDA <Act No. 4900, Jan. 5, 1995><
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1995: Provided, That the provisions of Article 52 shall enter into force on July 1, 1995.
Article 2 (Applicability to Verification of Sale of Farmland and Forest Land)
The provision of Article 13 shall apply to a person who has obtained an industrial location license, etc. before this Act enters into force.
Article 3 (Transitional Measures concerning Persons Having Right of Management of Industrial Complexes)
As for the local industrial complex that a person, who has obtained approval of the action plan for cooperative movement under the provisions of Article 14 of the Small and Medium Enterprises Promotion Act, prepared as an executor of industrial complex development project under the provision of Article 16 of the Industrial Sites and Development Act before this Act enters into force, a person who has obtained approval of the action plan for cooperative movement shall be construed as a person having right of management under the provisions of Article 30 (1) of the Industrial Placement and Factory Construction Act.
Article 4 (Prohibition of Disadvantage against Safety Officers and Public Health Officers)
Safety officers, public health officers, industrial health doctors and cooks who were employed under the previous relevant statutes or regulations as at the time this Act enters into force shall not be dismissed, changed in position nor be subject of other disadvantageous measures due to the enforcement of this Act.
Article 5 (Transitional Measures concerning Persons Who Obtained Permission to Install Emission Facilities)
Any person who has obtained permission to install emission facilities under the provisions of Article 9 of the Noise and Vibration Control Act before this Act enters into force shall be deemed to have reported or have obtained permission under the provisions of Article 53 (1) of this Act.
Article 6 (Transitional Measures concerning Transfer Registration of Mining Right and Mining Concession Right)
Any person having mining right and any person having mining concession right, who transferred and registered a mining right and a mining concession before this Act enters into force, shall commence business (it means prospecting or mining) within one year from the enforcement date of this Act.
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.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 5111, Dec. 29, 1995>
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. 5211, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1997. (Proviso is Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 5303, Mar. 7, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Emission Facilities)
Emission facilities reported or permitted pursuant to Article 53 of the Act on Special Measures for the Deregulation of Corporate Activities before this Act enters into force shall be deemed those reported or permitted pursuant to the amended provisions of Article 9.
Articles 4 through 6 Omitted.
ADDENDA <Act No. 5328, Apr. 10, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on May 1, 1997: Provided, That the amended provisions of Articles 29 (2) 6, 29 (3) 8, 30 (1) 4, 30 (3) 5, 33, and 40 (1) 7 shall enter into force on July 1, 1997. |
| (2) | (Prohibition of Disadvantage against Compulsory Employee Employed) Compulsory employees employed under the previous relevant statutes or regulations as at the time this Act enters into force shall not be dismissed, changed in position nor be subject to other disadvantageous measures due to the enforcement of this Act. |
| (3) | (Applicability) The amended provisions of Article 24 shall begin to apply to an industrial complex for which an implementer of the industrial complex development project first asks an electricity supplier to install electric arterial facilities and power distribution facilities for the supply of electricity on and after the enforcement date of this Act: Provided, That the amended provisions of Article 24 may also apply to any industrial complex for which an electricity supplier has been asked to install electric arterial facilities and power distribution facilities prior to the enforcement of this Act but fails to start such installation. <Amended by Act No. 6226, Jan. 28, 2000> |
ADDENDA <Act No. 5350, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5351, Aug. 22, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1998. (Proviso Omitted.) |
ADDENDA <Act No. 5352, Aug. 22, 1997>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 5368, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date prescribed by Presidential Decree, within the limits not exceeding one year from the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5388, Aug. 28, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1998. |
ADDENDA <Act No. 5389, Aug. 28, 1997>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5474, Dec. 24, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1999.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 5596, Dec. 28, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
ADDENDA <Act No. 5712, Jan. 29, 1999>
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. 5726, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 5728, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 5758, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 5785, Feb. 5, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5824, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5829, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5831, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 5911, Feb. 8, 1999>
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. 6019, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6095, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 6154, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6226, Jan. 28, 2000>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 55-9 and 55-10 (1) shall enter into force three months after the date of its promulgation and the amended provisions of Article 55-10 (2) and (3) shall enter into force on January 1, 2005, respectively. <Amended by Act No. 6583, Dec. 31, 2001> |
| (2) | (Valid Period) The amended provisions of Article 55-7 shall be effective until December 31, 2000. |
ADDENDA <Act No. 6239, Jan. 28, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6406, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 6583, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6637, Jan. 26, 2002>
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. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 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. 6909, 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. 7168, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following matters shall enter into force in accordance with the following classificaiton:
| 1. | Article 2 (7), ··· <omitted> ··· Article 4 of the Addenda (excluding paragraph (9)) ··· <omitted> ··· shall enter into force on the date the Presidential Decree on the organization of the National Emergency Management Agency enters into force in accordance with the amended provisions of Article 33 (6) within three months after the promulation of this Act; |
Articles 2 through 5 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. 7428, 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. 7442, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (4) shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Notification of Processing Criteria) Where the head of relevant administrative agency having the authority to grant authorization, permission, etc. related to the incorporation and factory construction under Articles 4 (1) and 8 (1) has established the processing criteria, procedure, etc. of such authorization, permission, etc. prior to the enforcement of this Act, he or she shall inform the Minister of Commerce, Industry and Energy thereof not later than six months after the enforcement of this Act. |
| (3) | (Applicability to Period for Processing of Approval of Establishment, etc. of Factory) The amended provisions of Article 10 (4) shall be applicable to the applications filed for approval for the establishment of a factory, etc. (including approval, etc. of any alteration in factory construction and authorization or permission, etc. deemed to be approval for the establishment of a factory, etc. under other Acts) under Article 9 (4) on or after the enforcement of this Act. |
| (4) | (Applicability to Period for Giving Reply to Recommendation Made by Deliberation Committee for Regulation on Corporate Activity) The amended provisions of Article 71 (3) shall be applicable to the recommendation for corrective measures or improvement which the Deliberation Committee for Regulation on Corporate Activity referred to in Article 61 makes pursuant to Article 71 (1) and (2) on or after the enforcement of this Act. |
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. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7855, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7995, Sep. 27, 2006>
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. 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. 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. 8356, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 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. 8361, 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. 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. 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. 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. 8562, Jul. 27, 2007>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on January 1, 2009. (Proviso Omitted.) |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8599, Aug. 3, 2007>
This Act shall enter into force on January 1, 2009.
ADDENDA <Act No. 8800, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Articles 2 (Transitional Measures concerning Reporting on Establishment of Machinery and Equipment Subject to Inspection Exempt from Establishment Inspection)
Machinery and equipment subject to inspection in use after establishment under the previous provisions as at the time this Act enters into force shall report their establishment pursuant to the amended provisions of Article 39 (7) 4 within six months after this Act enters into force.
Articles 3 and 4 Omitted.
ADDENDA <Act No. 8801, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 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.
ADDENDA <Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July, 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9319, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9384, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9432, Feb. 6, 2009>
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. 9532, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures)
When the penalty provisions and administrative fines apply for any acts done before this Act enters into force, they shall be in accordance with the previous provisions.
Article 3 Omitted.
ADDENDA <Act No. 9680, May 21, 2009>
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. 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. 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.
ADDENDUM <Act No. 9980, Jan. 27, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 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. (Proviso Omitted.)
Articles 2 through 6 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. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10485, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2011.
Articles 2 through 12 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.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10588, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (2) shall enter into force three months after the date of its promulgation.
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. 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. 11256, Feb. 1, 2012>
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. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 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. 12844, Nov. 19, 2014>
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. 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.
ADDENDUM <Act No. 13149, Feb. 3, 2015>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 13459, Aug. 11, 2015>
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. 13729, Jan. 6, 2016>
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. 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.
ADDENDA <Act No. 13879, Jan. 27, 2016>
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. 14476, Dec. 27, 2016>
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. 14532, Jan. 17, 2017>
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. 14795, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14992, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15526, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 24 Omitted.
ADDENDA <Act No. 15574, Apr. 17, 2018>
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. 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. 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.