CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create and foster a green convergence cluster to promote the clustering of green industry and green-related industries and fusion and convergence therein, and to support related research and development, demonstration, etc. for the creation of advanced technologies, thereby strengthening the national competitiveness and contributing to the development of regional economy.
The terms used in this Act are defined as follows: <Amended on Sep. 24, 2021>
| 1. | "Green convergence cluster" means an area designated pursuant to Article 9 to facilitate the clustering of the green industry and green-related industries and fusion and convergence therein, and to support related research and development, demonstration, etc.; |
| 3. | The term "green-related industry" means an industry prescribed by Presidential Decree, which can have huge forward-backward linkage effects on the green industry, or which has high potential of advancement through fusion and convergence with the green industry; |
| 4. | The term "green innovation industry" means the green industry and green-related industries to be intensively fostered in the green convergence cluster, which is designated pursuant to Article 15; |
| 5. | "Green innovation enterprise" means an enterprise designated pursuant to Article 17 in relation to the green innovation industry. |
| Article 3 (Responsibilities of the State and Local Governments) |
The State and local governments shall formulate and implement policy measures necessary to foster the green industry and green-related industries (hereinafter referred to as "green industries, etc.") and to create and support green convergence clusters.
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall prevail over other statutes with respect to the creation and fostering of green convergence clusters.
CHAPTER II DESIGNATION, CREATION, AND OPERATION OF GREEN CONVERGENCE CLUSTERS
| Article 5 (Creation and Operation of Green Convergence Clusters) |
The Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may create and operate a green convergence cluster equipped with the following facilities or complexes in order to promote green industries, etc. and to strengthen the competitiveness of relevant enterprises:
| 1. | Facilities for research and technical development of green industries, etc.; |
| 2. | Facilities for the advancement of training of professional human resources, acceleration of business start-up and commercialization, and support for entry into markets related to green industries, etc.; |
| 3. | Facilities for the demonstration of technologies, etc. related to green industries, etc.; |
| 4. | Integrated complexes of enterprises engaging in green industries, etc. |
| Article 6 (Formulation and Modification of Master Plans for Green Convergence Clusters) |
| (1) | The Minister of Environment shall establish a master plan for green convergence clusters (hereinafter referred to as “master plan”) every five years for the systematic development of green convergence clusters. |
| (2) | Where the Minister of Environment intends to formulate a master plan, he or she shall hear the opinions of the Mayors/Do Governors and consult with the heads of relevant central administrative agencies, and undergo deliberation by the Central Environmental Policy Committee under Article 58 of the Framework Act on Environmental Policy (hereinafter referred to as the "Environmental Policy Committee"). |
| (3) | If deemed necessary due to changing trends in green industries, etc., at home and abroad, the Minister of Environment may modify the master plans. |
| (4) | Paragraph (2) shall apply mutatis mutandis to the modification of the master plans: Provided, That the same shall not apply to minor changes prescribed by Ordinance of the Ministry of Environment. |
| (5) | Where the Minister of Environment formulates or modifies a master plan, he or she shall give public notice of the details of the master plan in the Official Gazette and notify the relevant Mayors/Do Governors thereof without delay. |
| Article 7 (Details of Master Plans) |
A master plan shall include the following matters:
| 1. | Matters concerning the basic objectives of creating green convergence clusters and mid- and long-term direction-setting for development thereof; |
| 2. | Matters concerning the clustering and fusion and convergence of green industries, etc. within the green convergence clusters; |
| 3. | Matters concerning development strategies for the green convergence clusters; |
| 4. | Matters concerning basic principles for zones and the creation of green convergence clusters; |
| 5. | Matters concerning basic principles for support for the green convergence clusters; |
| 6. | Other matters deemed necessary by the Minister of Environment for the growth of green convergence clusters. |
| Article 8 (Fact-Finding Surveys) |
| (1) | If necessary to formulate or modify a master plan, the Minister of Environment may conduct a fact-finding survey on the current status, etc. of the clusters and fusion and convergence of green industries, etc. and support therefor in each region. |
| (2) | The scope and methods of the fact-finding survey under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Formulation of Plans for Creation of Green Convergence Clusters and Designation Thereof) |
| (1) | Where the Minister of Environment deems it necessary to create a green convergence cluster, he or she may formulate a plan for creating a green convergence cluster (hereinafter referred to as "creation plan"), and hear the opinions of the competent Mayor/Do Governor, consult with the head of a relevant central administrative agency, and designate a green convergence cluster following deliberation by the Environmental Policy Committee. |
| (2) | The Minister of Environment may, if necessary, select an area prearranged for the designation of a green convergence cluster under paragraph (1) through public bidding process. |
| (3) | Where the Minister of Environment designates a green convergence cluster pursuant to paragraph (1), the Minister shall give public notice of the details of the designation in the Official Gazette as prescribed by Ordinance of the Ministry of Environment, and notify the competent Mayor/Do Governor thereof without delay. |
| (4) | A Mayor/Do Governor who receives a notice pursuant to paragraph (3) shall make it available for perusal by residents for at least 14 days. |
| (5) | Other matters necessary for the designation, etc. of the green convergence clusters shall be prescribed by Presidential Decree. |
| Article 10 (Requirements for Designation of Green Convergence Clusters) |
The green convergence clusters shall be designated from among the regions that meet the following requirements:
| 1. | It shall be in conformity with the master plan; |
| 2. | It shall have the effects of interlinked support, such as the effects of the cluster and fusion and convergence of green industries, etc. research and development, demonstration, commercialization, etc. of green industries, etc.; |
| 3. | It shall be able to secure infrastructure necessary for the green convergence clusters; |
| 4. | It shall be able to contribute to the development of local economy by creating jobs, etc.; |
| 5. | It shall meet other requirements prescribed by Presidential Decree. |
| Article 11 (Details of Plans for Creation of Green Convergence Clusters) |
A plan for creation of green convergence clusters shall include the following matters:
| 1. | Name, location, and area of the green convergence clusters; |
| 2. | Conformity with the master plan; |
| 3. | Necessity of creating a green convergence cluster and its effects; |
| 4. | A plan for installation of major facilities and creation of an integrated complex; |
| 5. | A plan for fostering green innovation industries; |
| 7. | Other matters prescribed by Presidential Decree. |
| Article 12 (Modification of Plans for Creation of Green Convergence Clusters and Cancellation of Designation) |
| (1) | Where necessary for creating a green convergence cluster more effectively, the Minister of Environment may modify the creation plan, and may fully or partially cancel the designation of a green convergence cluster in any of the following cases: |
| 1. | Where it is impractical or expected to be impractical to achieve the purpose of the designation of a green convergence cluster; |
| 2. | Where there are grounds prescribed by Presidential Decree, which are equivalent to subparagraph 1. |
| (2) | A Mayor/Do Governor may request the Minister of Environment for modification of a plan or cancellation of designation under paragraph (1). |
| (3) | A Mayor/Do Governor who intends to request modification of a plan or cancellation of designation under paragraph (2) shall submit documents prescribed by Ordinance of the Ministry of Environment. |
| (4) | Article 9 shall apply mutatis mutandis to the procedures for modification or cancellation under paragraph (1): Provided, That this shall not apply to any modification of minor matters prescribed by Ordinance of the Ministry of Environment. |
| Article 13 (Implementation of Plans for Creation of Green Convergence Clusters) |
Where a green convergence cluster is designated pursuant to Article 9, the Minister of Environment or the Mayor/Do Governor shall implement a plan for creating a green convergence cluster.
CHAPTER III SUPPORT FOR GREEN INNOVATION INDUSTRY
| Article 14 (Support for Infrastructure of Green Convergence Clusters) |
| (1) | The State and local governments may support the installation of infrastructures, etc. necessary for the systematic and sustainable development of green convergence clusters. |
| (2) | Those eligible for support under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Designation of and Support for Green Innovation Industries) |
| (1) | The Minister of Environment may designate green industries, etc. to be intensively fostered in a green convergence cluster as green innovation industries. |
| (2) | The State and local governments may provide support necessary for accelerating the cluster and fusion and convergence, etc. of green innovation industries. |
| Article 16 (Support for Occupant Enterprises) |
| (1) | The State and local governments may provide the enterprises that entered to reside in a green convergence cluster (referring to enterprises whose occupancy has been completed; hereinafter referred to as “occupant enterprises”) with support specified in the following subparagraphs, to facilitate their technological development, commercialization, etc.: |
| 1. | Priority use of the facilities for research and technical development, advancement facilities, demonstration facilities under subparagraphs 1 through 3 of Article 5, and reduction or exemption of usage fees; |
| 2. | Priority provision of loans, etc. under Article 6 (1) 14 of the Korea Environmental Industry and Technology Institute Act; |
| 3. | Other matters deemed necessary by the Minister of Environment or the Mayor/Do Governor. |
| (3) | Notwithstanding the Public Property and Commodity Management Act, where deemed necessary for the creation or operation of a green convergence cluster, a local government may permit an occupant enterprise to use, lend, or make profits from, public property by a negotiated contract. |
| Article 17 (Designation of and Support for Green Innovation Enterprises) |
| (1) | The Minister of Environment may designate green innovation enterprises from among the occupant enterprises meeting all the following requirements: |
| 1. | An enterprise whose business turnover related to green industries, etc. in its total sales meets the standards prescribed by Presidential Decree; |
| 3. | Other enterprises satisfying the requirements prescribed by Presidential Decree in terms of technological level, etc. |
| (2) | In addition to support referred to in Article 16, the State and local governments may provide the green innovation enterprises designated under paragraph (1) with financial and technical support necessary for research and development and promotion of commercialization, etc. |
| (3) | The Minster of Environment may revoke the designation of a green innovation enterprise designated pursuant to paragraph (1), if it falls under any of the following subparagraphs: Provided, That he or she shall revoke the designation in cases falling under subparagraph 1: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation referred to in the subparagraphs of paragraph (1). |
| (4) | With respect to an enterprise for which the designation is revoked pursuant to paragraph (3), the Minister of Environment shall not re-designate the enterprise as a green innovation enterprise unless three years elapse from the date of revocation of the designation. |
| (5) | Other necessary matters concerning the designation and revocation of designation of green innovation enterprises shall be prescribed by Presidential Decree. |
| Article 18 (Designation of Specialized Research Institutes) |
| (1) | In order to support the facilitation of research and development and commercialization, etc. in green convergence clusters, the Minister of Environment may designate the research institutes, research centers, organizations, etc. related to green industries, etc. as specialized research institutes. |
| (2) | The Minister of Environment may provide the specialized research institutes designated under paragraph (1) with subsidies to cover all or some of expenses incurred in research and development and facilitation of commercialization, etc. |
| (3) | The Minster of Environment may revoke the designation of a specialized research institute designated under paragraph (1) if it falls under any of the following subparagraphs: Provided, That he or she shall revoke the designation in cases falling under subparagraph 1: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it fails to comply with the requirements for designation under paragraph (4). |
| (4) | Necessary matters concerning the requirements and procedures for designation, and revocation thereof, of the specialized research institutes shall be prescribed by Presidential Decree. |
| Article 19 (Development of Professional Human Resources) |
| (1) | The State and local governments shall formulate and implement policy measures for developing human resources having specialized skills, knowledge, etc. related to green industries, etc. (hereinafter referred to as “professional human resources”) in each green convergence cluster. |
| (2) | Policy measures prescribed in paragraph (1) shall include the following matters: |
| 1. | Matters relating to the mid- and long-term prospects of the supply of and demand for and utilization of professional human resources; |
| 2. | Matters relating to the development of and the education and training of professional human resources; |
| 3. | Other matters prescribed by Presidential Decree for the development, management, etc. of professional human resources. |
| (3) | For the development of professional human resources, the Minister of Environment and the Mayor/Do Governor may designate a university, research institute, institution or organization, etc. which is related to green industries, etc. as a professional training institution. |
| (4) | The State and local governments may provide the professional training institutions designated under paragraph (3) with subsidies to cover all or some of expenses incurred in education, training, etc. |
| (5) | If a professional training institution designated under paragraph (3) falls under any of the following subparagraphs, the Minister of Environment and the Mayor/Do Governor may revoke its designation: Provided, the designation of a professional training institution shall be revoked if it falls under subparagraph 1: |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation referred to in paragraph (6). |
| (6) | Matters necessary for the requirements and procedures for designation and revocation of designation, of a professional training institution shall be prescribed by Presidential Decree. |
| Article 20 (Projects of International Exchange and Support Therefor) |
In order to understand the international trends in green industries, etc. and to accelerate international cooperation and inroads into overseas markets, the State and local governments may implement projects of international exchange, overseas market survey, localization and demonstration by specialized research institutes, occupant enterprises, etc. and provide support necessary therefor.
| Article 21 (Special Cases concerning Supply of Experimental Materials) |
| (1) | Any of the following persons may supply sewage water, wastewater, air pollutants, wastes, contaminated soil, etc. in the facilities under his or her jurisdiction as materials for research and experiment (hereinafter referred to as “experimental materials”) to the research, experiment, and demonstration facilities in a green convergence cluster: |
| 8. | Other installers, operators, or dischargers of the facilities prescribed by Ordinance of the Ministry of Environment. |
| (2) | In cases of supplying experimental materials pursuant to paragraph (1), the experimental materials supplied shall be deemed to have complied with the relevant provisions of the following statutes: |
| (3) | If an occupant enterprise transports or treats experimental materials, it shall comply with the provisions of the relevant statutes referred to in the subparagraphs of paragraph (2). |
CHAPTER V SUPPLEMENTARY PROVISIONS
Where the Minister of Environment or the Mayor/Do Governor intends to take any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation of designation of a green innovation enterprise under Article 17 (3); |
| 2. | Revocation of designation of a specialized research institute under Article 18 (3); |
| 3. | Revocation of designation of a professional training institution under Article 19 (5). |
| Article 23 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Environment under this Act may be delegated to a Mayor/Do Governor or the head of its affiliated agency, as prescribed by Presidential Decree. |
| (2) | Some of the duties of the Minister of Environment or the Mayor/Do Governor under this Act may be entrusted to a specialized operating institution as prescribed by Presidential Decree. |
| (3) | The Minister of Environment or the Mayor/Do Governor may provide subsidies to cover all or part of the expenses incurred in performing the entrusted duties under paragraph (2). |
| Article 24 (Collection of Usage Fees) |
The Minister of Environment or the Mayor/Do Governor may collect usage fees from the users of green convergence clusters, as prescribed by Ordinance of the Ministry of Environment.
ADDENDA <Act No. 18283, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Environmental Industry Research Complexes)
Article 3 (Transitional Measures concerning the Monopoly Regulation and Fair Trade Act) Article 4 Omitted.
ADDENDA <Act No. 18469, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.