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ACT ON ASSISTANCE TO KOREAN OFF-SHORE ENTERPRISES IN REPATRIATION

Act No. 12010, Aug. 6, 2013

Amended by Act No. 16805, Dec. 10, 2019

Act No. 17731, Dec. 22, 2020

 Article 1 (Purpose)
The purpose of this Act is to contribute to the development of the national economy by facilitating their repatriation to Korea through preparation of a system to efficiently assist Korean off-shore enterprises in repatriation to and resettlement in Korea.
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Dec. 10, 2019; Dec. 22, 2020>
1. The term “off-shore enterprise” means an enterprise that meets all of the following requirements:
(a) The enterprise shall be under the de facto control of a national of the Republic of Korea (including Korean expatriates with the qualification granted for sojourn as overseas Koreans under Article 5 of the Act on the Immigration and Legal Status of Overseas Koreans) or a corporation incorporated under the laws of the Republic of Korea (including foreign capital-invested companies as defined in subparagraph 6 of Article 2 of the Foreign Investment Promotion Act), as prescribed by Presidential Decree;
(b) The enterprise shall have engaged in a manufacturing business and information and communications business classified according to the Korean Standard Industrial Classification, publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act, a knowledge services industry pursuant to Article 8 (2) of the Industrial Development Act, and an industry related to disease control and immunization for at least two consecutive years at its own overseas place of business or through an overseas place of business owned by another enterprise under the de facto control of the former enterprise;
2. The term "place of business" means a place where production activities are performed with the production facilities necessary for carrying out the projects under subparagraph 1 (b);
3. The term “repatriation” means newly establishing or expanding its place of business in Korea to produce products or services that are identical with or similar to those produced in the overseas place of business, as prescribed by Presidential Decree, in any of the following cases:
(a) Where an off-shore enterprise liquidates, transfers, or downsizes its overseas place of business;
(b) Where an off-shore enterprise falls under high-tech industry or is essential to stabilize domestic supply chain;
4. The term “repatriating enterprise” means either of the following enterprises:
(a) An enterprise that has been repatriated to Korea and possesses a newly established or expanded place of business in Korea;
(b) An enterprise in the course of repatriation to Korea, following the procedure prescribed by Presidential Decree for the liquidation, transfer, or downsizing of its overseas place of business.
 Article 3 (Duties of the State and Local Governments)
The State and local governments shall formulate and implement policies necessary to assist off-shore enterprises in repatriation to, and resettlement in, Korea.
 Article 4 (Relationship with Other Statutes)
Except as otherwise provided in any other statutes, the selection of, and assistance to, off-shore enterprises and repatriating enterprises shall be governed by the provisions of this Act.
 Article 5 (Formulation and Implementation of Plans for Assisting Repatriating Enterprises)
(1) The Minister of Trade, Industry, and Energy shall formulate and implement a plan for assisting repatriating enterprises (hereinafter referred to as “assistance plan”) every five years to efficiently accomplish the purposes of this Act, in consultation with Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Provinces Governor. <Amended on Dec. 10, 2019; Dec. 22, 2020>
(2) The assistance plan shall include the following: <Amended on Dec. 22, 2020>
1. Basic direction-setting for policies on assistance to repatriating enterprises;
2. Current conditions of, and prospects for, the management of off-shore enterprises;
3. Matters concerning demand for repatriating enterprises by industry;
4. A scheme to encourage off-shore enterprises to repatriate;
5. Matters concerning enhancing the competitiveness of repatriating enterprises;
6. Matters concerning smooth assistance for human resources and supply and demand thereof;
7. Other matters specified by Presidential Decree to assist repatriating enterprises.
(3) The assistance plan shall be linked to the balanced national development plan under Article 4 of the Special Act on Balanced National Development. <Newly Inserted on Dec. 22, 2020>
(4) The Minister of Trade, Industry, and Energy may request related agencies to submit data to formulate the assistance plan, and the agencies in receipt of a request to submit data shall comply therewith, except in extenuating circumstances. <Amended on Dec. 22, 2020>
(5) The Minister of Trade, Industry and Energy shall establish the assistance plan, giving preferential consideration to the assistance to repatriating enterprises which repatriate to an area other than the Seoul Metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act. <Newly Inserted on Dec. 22, 2020>
 Article 5-2 (Formulation of Implementation Plan)
(1) In compliance with the assistance plan, the Minister of Trade, Industry and Energy shall establish an implementation plan (hereinafter referred to as “implementation plan”) to support repatriating enterprises every year and notify the heads of related central administrative agencies.
(2) The heads of related central administrative agencies shall promote matters related to the relevant business among the implementation plans notified pursuant to paragraph (1), and submit the performance results of the previous year's implementation plan to the Minister of Trade, Industry and Energy every year.
(3) The Minister of Trade, Industry and Energy shall, without delay, submit the performance results of the implementation plans received under paragraph (2) to the Trade, Industry, Energy, SMEs and Startups Committee of the National Assembly. <Newly Inserted on Dec. 22, 2020>
(4) Matters necessary for the establishment and notification of an implementation plan and the procedure and method for submission of the promotion result of the plan shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020>
[This Article Newly Inserted on Dec. 10, 2019]
 Article 6 (Committee for Assisting Repatriating Enterprises)
(1) In order to deliberate and decide on important matters related to assisting off-shore enterprises in repatriating to Korea, the Support Committee for Domestic Repatriating Enterprises (hereinafter referred to as the "Committee") shall be established under the Ministry of Trade, Industry and Energy.
(2) The Committee shall deliberate and decide upon the following matters: <Amended on Dec. 22, 2020>
1. Formulation and revision of the assistance plan (excluding minor matters specified by Presidential Decree);
2. Matters concerning the improvement of a system for the support for repatriating enterprises;
3. Matters concerning financial assistance to repatriating enterprises;
4. Matters concerning site location assistance for repatriating enterprises;
5. Matters concerning designation of industrial complexes under Article 16 (3);
6. Matters concerning balanced regional development following the repatriation of enterprises;
7. Other matters specified by the chairperson to assist repatriating enterprises.
(3) The Committee shall be comprised of not more than 15 members, including one chairperson that is the Minister of Trade, Industry and Energy. <Amended on Dec. 22, 2020>
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 10, 2019]
 Article 7 (Selection of Repatriating Enterprises Eligible for Assistance)
(1) In order to assist off-shore enterprises in repatriation to, and resettlement in, Korea, the Minister of Trade, Industry, and Energy may select enterprises that meet all of the following requirements as repatriating enterprises eligible for assistance, from among repatriating enterprises: <Amended on Dec. 22, 2020>
1. An enterprise that has received financial support for foreign investment under the Foreign Investment Promotion Act and meets the requirements prescribed by Presidential Decree, such as the lapse of the period at least 10 years;
2. An enterprise that has downsized its overseas place of business in compliance with the guidelines prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if the enterprise has downsized its overseas place of business;
3. Other requirements prescribed by Presidential Decree to achieve the objectives of policies on assistance to repatriating enterprises.
(2) An enterprise that intends to be selected as a repatriating enterprise eligible for assistance under paragraph (1) shall file an application with the Minister of Trade, Industry, and Energy, along with all the following documents, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. A report on the current conditions of overseas and domestic places of business;
2. A repatriation plan in regard to the liquidation, transfer, or downsizing of the overseas place of business and the establishment of expansion of the domestic place of business;
3. Other documents specified by Presidential Decree.
(3) If an enterprise is in the course of repatriation, the Minister of Trade, Industry, and Energy may select the enterprise as a repatriating enterprise eligible for assistance on the following conditions: In such cases, the relevant enterprise shall include its plan to fulfill such conditions in the repatriation plan referred to in paragraph (2):
1. If the enterprise has not completed establishing or expanding its domestic place of business, it shall complete establishing or expanding the domestic place of business by the deadline set by the Minister of Trade, Industry, and Energy;
2. If the enterprise has not finalized liquidating or transferring its overseas place of business, it shall complete liquidating or transferring the overseas place of business by the deadline set by the Minister of Trade, Industry, and Energy;
3. If the enterprise has not completed downsizing its overseas place of business, it shall downsize the overseas place of business by the deadline set by the Minister of Trade, Industry, and Energy in compliance with the guidelines determined by the Minister of Trade, Industry, and Energy;
4. Other conditions that the Minister of Trade, Industry, and Energy deems necessary for achieving the policy objectives for the system to assist repatriating enterprises and for effectively assisting repatriating enterprises.
(4) Upon receipt of an application filed under paragraph (2), the Minister of Trade, Industry, and Energy shall determine whether to select the applicant as a repatriating enterprise eligible for assistance, as prescribed by Presidential Decree, and shall issue a letter of confirmation to the enterprise so selected as a repatriating enterprise eligible for assistance, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) If a change occurs with respect to a repatriation plan detailing the liquidation, transfer, or downsizing of its overseas place of business or the establishment or expansion of its domestic place of business or any other matter specified by Presidential Decree, the repatriating enterprise selected as one eligible for assistance under paragraph (4), shall notify the Minister of Trade, Industry, and Energy of the change.
 Article 8 (Revocation of Selection of Repatriating Enterprises Eligible for Assistance)
(1) If a repatriating enterprise selected as eligible for assistance falls under any of the following case, the Minister of Trade, Industry, and Energy may revoke the eligibility of the enterprise selected as eligible for assistance: Provided, That the eligibility of such enterprise must be revoked in cases falling under subparagraph 1 or 2: <Amended on Dec. 22, 2020>
1. If the enterprise files its application for selection by fraud or other improper means;
2. If the repatriating enterprise eligible for assistance closes its business;
3. If any description in the application is different from the facts;
4. If the enterprise fails to comply with the repatriation plan under Article 7 (2) 2;
5. If the enterprise fails to meet the requirements for selection provided for in Article 7 (1) as a consequence of a change notified pursuant to Article 7 (5);
6. If the enterprise fails to operate the newly established or expanded place of business after repatriation or at least two consecutive years;
7. If the enterprise fails to meet any requirement prescribed by Presidential Decree in circumstances similar to those referred to in subparagraphs 1 through 6.
(2) If the Minister of Trade, Industry, and Energy revokes the eligibility of a repatriating enterprise as eligible for assistance or if a significant change that affects the scope of assistance occurs, the Minister of Trade, Industry, and Energy shall notify the relevant enterprise, agencies, and local government of such revocation or change.
(3) When the Minister of Trade, Industry, and Energy intends to revoke selection under paragraph (1), he or she shall hold a hearing.
 Article 9 (Surveys on Actual Conditions)
(1) The Minister of Trade, Industry, and Energy shall conduct fact-finding surveys on off-shore enterprises and repatriating enterprises every year and collate and prepare statistical data in order to formulate and implement the assistance plan and the implementation plan. <Amended on Dec. 10, 2019; Dec. 22, 2020>
(2) In order to effectively implement the system for selecting and assisting repatriating enterprises eligible for assistance and to support the stable settlement and the continuous growth of repatriating enterprises, the Minister of Trade, Industry, and Energy shall conduct fact-find surveys on the current situation, etc. of overseas and domestic places of business of repatriating enterprises, selected under this Act as eligible for assistance every year. <Amended on Dec. 22, 2020>
(3) If necessary for conducting fact-finding surveys, for collating and compiling statistical data under paragraphs (1) and (2) and to ascertain matters concerning assistance under Articles 11, 12, 12-2 through 12-4, 13, 13-2 through 13-5, 14 through 16 and 16-2, the Minister of Trade, Industry, and Energy may request the heads of central administrative agencies, the heads of local governments, the heads of public institutions under the Act on the Management of Public Institution (hereinafter referred to as "public institution") to submit data. In such cases, the institutions or the heads of organizations in receipt of a request to submit data shall comply therewith, except in extenuating circumstances. <Amended on Dec. 22, 2020>
(4) No one who performs a duty related to fact-finding surveys or the collation and compilation of statistical data under paragraphs (1) through (3) shall divulge information related to any trade secret of the relevant enterprise or use such information for any purpose other than the specified purpose for which it is provided.
(5) The Minister of Trade, Industry and Energy shall reflect the results of the fact-finding surveys conducted under paragraphs (1) and (2) in assistance plans and implementation plans. <Newly Inserted on Dec. 22, 2020>
 Article 10 (Entrustment of Affairs)
The Minister of Trade, Industry, and Energy may partially entrust the business affairs related to the selection of repatriating enterprises eligible for assistance and the revocation of such selection, including the acceptance of documents and the verification of facts in the documents filed, and the fact-finding surveys under Article 9 to the Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act (hereinafter referred to as “Korea Trade-Investment Promotion Agency”), as prescribed by Presidential Decree.
 Article 11 (Tax Reduction or Exemption)
The State and local governments may grant a tax exemption or reduction to repatriating enterprises eligible for assistance to assist off-shore enterprises in repatriating to Korea, as provided for in the Restriction of Special Taxation Act, Local Tax Act, Customs Act, or other relevant statutes.
 Article 12 (Financial Assistance)
(1) The State or a local government may assist a repatriating enterprise eligible for assistance in obtaining loans and financing, taking into consideration the scale of jobs created, whether the enterprise engages in an advanced type of business, the appropriateness of site location, etc.
(2) The State or a local government may subsidize a repatriating enterprise eligible for assistance for purchase and lease costs of land and factories or facility investments, as prescribed by Presidential Decree, if the enterprise establishes or expands its place of business in an area specified by Presidential Decree, taking into consideration the scale of business, etc. <Amended on Dec. 10, 2019>
(3) The Government may have the Credit Guarantee Fund under the Credit Guarantee Fund Act and the Korea Technology Finance Corporation under the Korea Technology Finance Corporation Act establish and operate a guarantee system intended for a repatriating enterprise eligible for assistance to facilitate financing for such enterprise and its activities. <Newly Inserted on Dec. 22, 2020>
 Article 12-2 (Assistance in Improvement of Productivity)
The State and a local government may subsidize repatriating enterprises eligible for assistance in the fields of the new growth engine industries, the fields of materials, components and equipment industries, and the fields of national health and safety industries for the investment, etc. in automated production facilities.
[This Article Newly Inserted on Dec. 22, 2020]
 Article 12-3 (Assistance in Research and Development)
The State and a local government may fully or partially subsidize expenses incurred in research and development necessary to invigorate the research and development of repatriating enterprises eligible for assistance in accordance with the statutes and regulations related to research and development.
[This Article Newly Inserted on Dec. 22, 2020]
 Article 12-4 (Assistance in Development of Market)
The State or a local government may provide necessary assistance to repatriating enterprises eligible for assistance for developing domestic and overseas markets and securing business partners.
[This Article Newly Inserted on Dec. 22, 2020]
 Article 13 (Assistance with Sites)
The State or a local government may supply an industrial complex as defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act preferentially to repatriating enterprises eligible for assistance. <Amended on Dec. 22, 2020>
(2) Where repatriating enterprises eligible for assistance occupies an industrial complex for lease only under Article 46-6 of the Industrial Sites and Development Act, the State or a local government may subsidize rent, as prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2020>
(3) The State or a local government may provide the repatriating enterprise eligible for assistance with the site of a foreign investment zone, as prescribed by the Foreign Investment Promotion Act. <Newly Inserted on Dec. 22, 2020>
 Article 13-2 (Lease of State or Public Property)
(1) The Minister of Economy and Finance, the heads of central government agencies that manage State-owned property, the heads of local governments, the heads of public institutions or the heads of local public enterprises pursuant to the Local Public Enterprises Act (excluding local government-directly operated enterprises; hereinafter referred to as "local public enterprises" in this Article) may use, make profits, or loan (hereinafter referred to as "lease") land, factories, or other property (hereinafter referred to as "land, etc.") in a region prescribed by Presidential Decree, owned by the State, a local government, public institution, or local public enterprise (hereinafter referred to as "the State, etc.") to repatriating enterprises by a negotiated contract, notwithstanding the related provisions prescribed in any of the following Acts: <Amended on Dec. 22, 2020>
(2) Where land, etc. owned by the State, etc. are leased under paragraph (1), the lease term referred to in subparagraphs 1 through 5 of the same paragraph may be set within a maximum of 50 years, notwithstanding the following provisions. In such cases, the lease term may be renewed, and the period of renewal shall not exceed the period specified in the former part at each time of renewal:
(3) Where land owned by the State or a local government is leased under paragraph (1), a factory or other permanent facilities may be built on such land, notwithstanding Article 18 (1) of the State Property Act and Article 13 of the Public Property and Commodity Management Act. In such cases, the condition that the relevant facility be donated to the State or the local government, or returned after being restored to its original state, at the end of the lease term shall be attached, in consideration of the type, etc. of the facility.
[This Article Newly Inserted on Dec. 10, 2019]
 Article 13-3 (Reduction of or Exemption from Rent for State or Public Property)
(1) Where land, etc. owned by the State or a local government are leased pursuant to Article 13-2 (1), the rent falling under Article 13-2 (1) 1 and 2 may be collected in accordance with the rates and calculation methods prescribed by Presidential Decree, notwithstanding the provisions of the following subparagraphs:
(2) Where land, etc. owned by the State, which fall under any of the following, are leased to a repatriating enterprise, the Minister of Economy and Finance or the head of a central government agency that manages State property may reduce or exempt the rent for the relevant land, etc. , as prescribed by Presidential Decree, notwithstanding Article 38 (7) of the Industrial Sites and Development Act:
1. Land, etc. located in a national industrial complex under Article 6 of the Industrial Sites and Development Act;
2. Land, etc. located in a general industrial complex, urban high-tech complex, and agro-industrial complex designated under Articles 7, 7-2, and 8 of the Industrial Sites and Development Act.
(3) Where land, etc. owned by a local government are leased to a repatriating enterprise, the head of a local government may reduce or exempt the rent for the relevant land, etc. as prescribed by Presidential Decree, notwithstanding Articles 22, 24, 32, and 34 of the Public Property and Commodity Management Act.
(4) Where land, etc. leased with the rent reduced or exempted under paragraphs (1) through (3) are located in an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act, the lease term may be set within a maximum of 50 years, notwithstanding Article 38 (7) of the same Act.
(5) The lease term referred to in paragraph (4) may be renewed. In such cases, the renewed term shall not exceed the term provided for in paragraph (4), at each time of renewal.
[This Article Newly Inserted on Dec. 10, 2019]
 Article 13-4 (Sale of State or Public Property)
(1) The State, etc. may sell their land, etc. to a repatriating enterprise by a negotiated contract, notwithstanding the relevant provisions of any Act falling under any subparagraph of Article 13-2 (1).
(2) Where it is deemed difficult for a buyer to pay the purchase price at once when selling land, etc. under paragraph (1) to a repatriating enterprise, the payment date may be postponed or payment in installments may be allowed as prescribed by Presidential Decree, notwithstanding Article 50 of the State Property Act and Article 37 of the Public Property and Commodity Management Act.
[This Article Newly Inserted on Dec. 10, 2019]
 Article 13-5 (Cancellation of Sale of State or Public Property)
(1) Where a repatriating enterprise, etc. which have purchased land, etc. by a negotiated contract pursuant to Article 13-4 (1) fall under any of the following, the State, etc. may terminate or cancel the contract for the sale of the land, etc.: Provided, That in cases of subparagraph 1 or 3, this shall not apply where the State, etc. order the correction thereof and then the relevant repatriating enterprise, etc. comply with such order within a period prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. Where the repatriating enterprise, etc.is in arrears with payment of the purchase price;
2. Where the repatriating enterprise, etc. are found to have concluded the relevant contract by making a false statement or submitting false evidential documents or by other improper means;
3. Where the repatriating enterprise, etc. fail to commence a business by the due date of commencement under the relevant negotiated contract without any special circumstances, after they have concluded the contract;
4. Where the designation of a repatriating enterprise is revoked pursuant to Article 8;
5. Where the termination or cancellation of the relevant contract is deemed necessary after consultation between the State, etc. and the repatriating enterprise, etc.
(2) Where the State, etc. sell land, etc. pursuant to Article 13-4 (1), the relevant repatriating enterprise, etc. shall register a special agreement stating that the sales contract may be canceled where any ground under paragraph (1) 2 through 5 occurs.
(3) Where a contract is terminated or canceled under paragraph (1), the State, etc. shall take necessary measures to recover the rights to the relevant land, etc., without delay.
[This Article Newly Inserted on Dec. 10, 2019]
 Article 14 (Assistance in Human Resources)
(1) The State or a local government may provide institutional and administrative assistance to repatriating enterprises eligible for assistance for the smooth referral of human resources to such enterprises.
(2) The State or a local government may grant employment subsidies to repatriating enterprises eligible for assistance in order to smoothly secure human resources and enhance job creation effects in Korea.
(3) The State and a local government may provide necessary assistance to repatriating enterprises, such as fostering human resources, expanding transport and logistics facilities, cultural facilities, and welfare, health and medical facilities in order to smoothly secure human resources. <Newly Inserted on Dec. 22, 2020>
 Article 15 (Assistance in Liquidation of Overseas Places of Business)
The State or a local government may assist off-shore enterprises in the liquidation, transfer, or downsizing of their overseas places of business for smooth repatriation.
 Article 16 (Assistance to Enterprises Repatriating Together)
(1) When at least two repatriating enterprises eligible for assistance meet both of the following requirements in repatriating together, the State or the competent local government may provide necessary assistance prescribed by Presidential Decree, such as establishing common facilities and subsidizing storage and logistics expenses incurred in transactions between repatriating enterprises, taking into consideration the job creation effects in Korea, the contribution to the regional economy, etc.: <Amended on Dec. 22, 2020>
1. The types of business in which such enterprises engage shall be identical, similar, or related;
2. The enterprises shall be selected as repatriating enterprises eligible for assistance within the period prescribed by Presidential Decree.
(2) If the State or a local government finds it necessary to change the types of business eligible for taking occupancy in an industrial complex for the smooth supply of industrial complexes to repatriating enterprises together, it may reflect such change in the master plan for the management of industrial complexes formulated under Article 33 of the Industrial Cluster Development and Factory Establishment Act.
(3) If the Minister of Trade, Industry, and Energy deems it necessary for the smooth repatriation of repatriating enterprises together, he or she may request the designating authority of industrial complexes to designate an industrial complex for repatriating enterprises together under the Industrial Sites and Development Act.
(4) In order to improve the effects of establishing industrial clusters through repatriating enterprises together, the Minister of Trade, Industry, and Energy may allow repatriating enterprises together to participate in the programs implemented pursuant to Article 22-3 of the Industrial Cluster Development and Factory Establishment Act to enhance the competitiveness of industrial clusters.
 Article 16-2 (Assistance to Collaborative Repatriating Enterprises)
(1) If repatriating enterprises eligible for assistance repatriate in connection with end-user enterprises in the Republic of Korea, the State or a local government may give preferential and additional assistance to repatriating enterprises and end-user enterprises within the scope prescribed by Presidential Decree.
(2) Matters necessary for the methods, procedures, etc. for assistance under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 22, 2020]
 Article 17 (Establishment of Support Center for Repatriating Enterprises)
(1) A support center for repatriating enterprises shall be established within the Korea Trade-Investment Promotion Agency to comprehensively provide repatriating enterprises with consulting, guidance, public relations, surveys, research and other assistance.
(2) If the president of the Korea Trade-Investment Promotion Agency deems it necessary for providing services related to repatriating enterprises, he or she may request related agencies to dispatch executives and employees of the related agencies to the support center for repatriating enterprises.
(3) Matters necessary for the organization, management, and supervision of the support center for repatriating enterprises under paragraph (1) shall be prescribed by Presidential Decree.
(4) The support center for repatriating enterprises may handle civil petitions on the support for repatriating enterprises including receiving documents required for the application for assistance under this Act and assistance prescribed by Presidential Decree, including duties supported by the Korea Trade-Investment Promotion Agency, and transferring those documents to agencies that handle them. <Newly Inserted on Dec. 10, 2019; Dec. 22, 2020>
(5) The support center for repatriating enterprises shall provide sufficient information, such as guidance and prior counseling on methods for selecting repatriating enterprises, possible assistance to each enterprise, in order for off-shore enterprises to facilitate their repatriation. <Newly Inserted on Dec. 22, 2020>
(6) Where the support center for repatriating enterprises requests cooperation for assistance to perform the duties prescribed in paragraphs (4) and (5), central administrative agencies, local governments, or public institutions in charge of duties regarding repatriation of off-shore enterprises shall fully cooperate therewith. <Newly Inserted on Dec. 22, 2020>
 Article 18 (Legal Fiction as Public Officials for Purposes of Penalty Provisions)
The executive officers and employees of the Korea Trade-Investment Promotion Agency that engage in business affairs entrusted by the Minister of Trade, Industry, and Energy under Article 10 shall be deemed public officials for purposes of penal provisions of Articles 127 and 129 through 132 of the Criminal Act.
 Article 19 (Penalty Provisions)
Each of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:
1. A person who improperly obtains a tax exemption or reduction under Article 11 or financial assistance under Article 12 by making a misrepresentation in any document referred to in Article 7 (2);
2. A person who divulges information related to any trade secret of an enterprise he or she has become aware of in the course of performing his or her duties or appropriates such information for any purpose other than the official purpose, in violation of Article 9 (4).
 Article 20 (Joint Penalty Provisions)
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 19, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
 Article 21 (Administrative Fines)
(1) Any person who fails to respond properly to a fact-finding survey conducted under Article 9 (2) or refuses, interferes with, or evades such fact-finding survey shall be punished by administrative fine not exceeding 10 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Trade, Industry, and Energy, as prescribed by Presidential Decree.
ADDENDA <Act No. 12010, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Article shall enter into force four months after the date of its promulgation.
Article 2 (Applicability to Repatriating Enterprises)
This Act shall also apply retroactively to enterprises that established or expanded their domestic places of business on or after January 1, 2012.
Article 3 (Special Exception Following Retroactive Application)
In applying Article 7 (2) 2 pursuant to Article 2 of the Addenda to enterprises that established or expanded their domestic places of business on or after January 1, 2012 for repatriating the part regarding the establishment or expansion of the domestic place of business in the repatriation plan shall be substituted by documents certifying relevant facts.
ADDENDA <Act No. 16805, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Assistance Plan for Repatriating Enterprises)
The amended provisions of Article 5 (1) shall apply to assistance plans for repatriating enterprises formulated after this Act enters into force.
ADDENDUM <Act No. 17731, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.