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ENFORCEMENT DECREE OF THE ACT ON THE CREATION AND FOSTERING OF GREEN CONVERGENCE CLUSTERS

Presidential Decree No. 32230, Dec. 16, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Creation and Fostering of Green Convergence Clusters and matters necessary for the enforcement thereof.
 Article 2 (Scope of Green Industry and Green-Related Industries)
(1) "Industry ... prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Creation and Fostering of Green Convergence Clusters (hereinafter referred to the "Act") means the following industries:
1. Environmental industry under the Environmental Technology and Industry Support Act;
2. Industry related to the production, supply, and use of bio-energy and energy from waste materials defined in items (f) and (g) of subparagraph 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, and of hydrothermal energy defined in Article 2 (4) of the Enforcement Decree of that Act;
3. Industry that provides the facilities, equipment, or services to capture, transport, supply, and use hydrogen, ammonia, bio-gas (referring to gas obtained in the purification process of gaseous material generated from biomass, such as organic wastes);
4. Industry that provides the facilities, equipment, or services for the treatment and use of greenhouse gases, such as capture, transportation, and isolation of carbon dioxide;
5. Other industries determined and publicly notified by the Minister of Environment in consultation with the heads of relevant administrative agencies, which provide the facilities, equipment, or services to enhance the use efficiency of energy and resources or to improve the environment.
(2) "Industry prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means an industry related to facilities, equipment, parts, materials, apparatus, finance, education and training, distribution, informatization, services, etc. related to the green industry.
 Article 3 (Composition and Operation of Green Convergence Cluster Council)
(1) In order to consult on matters concerning the operation of the green convergence clusters under Article 5 of the Act, a Green Convergence Cluster Council (hereinafter referred to as “Council”) shall be established in the Ministry of Environment.
(2) The Council shall be comprised of up to 30 members, including one chairperson.
(3) The chairperson of the Council shall be among members in general service of the Senior Executive Service who exercise overall control of the affairs related to the green convergence clusters in the Minister of Environment, and the members of the Council shall be appointed or commissioned from among the following persons:
1. Public officials at the level of director in charge of affairs related to the green innovation industry, who belong to the Ministry of Environment;
2. The head of a department in charge of the relevant affairs, who belongs to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") in which a green convergence cluster is being created or has been created;
3. Executive officers and employees of a specialized operating institution entrusted with the business affairs pursuant to Article 23 (2) of the Act;
4. Other persons necessary for the operation of a green convergence cluster, such as experts in the fields of laws, business management, and patent.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the Council shall be determined and publicly notified by the Minister of Environment.
 Article 4 (Scope and Methods of Fact-Finding Surveys)
(1) The scope of the fact-finding surveys under Article 8 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as specified in the following subparagraphs:
1. Current status of support for enterprises, such as research and development, demonstration, and commercialization of green industries;
2. Current status of intellectual property rights related to green industries;
3. Current status of clusters and fusion and convergence of the green industry and green-related industries (hereinafter referred to as “green industries, etc.”);
4. Current status of markets and technologies of green industries, etc.;
5. Current status of enterprises and workers (including by gender) engaged in green industries, etc.;
6. Other matters necessary for the formulation and modification of the master plans for the green convergence clusters under Article 6 (1) of the Act.
(2) A fact-finding survey shall be conducted every five years, and may be conducted whenever necessary.
(3) A fact-finding survey shall be conducted in the form of a field survey, literature review, questionnaire, etc., and may be conducted through electronic means, such as the information and telecommunications network or email.
(4) If necessary to conduct a fact-finding survey, the Minister of Trade, Industry and Energy may seek advice from a research institute or organization with expertise and human resources relating to energy industries, etc., or relevant experts, or may request them to conduct a survey or research.
(5) The Minister of Environment may establish and operate an information system to collect and utilize the findings of the fact-finding surveys.
 Article 5 (Designation of Green Convergence Clusters)
The Minister of Environment may seek the opinions of residents, relevant experts, or institutions, organizations, etc., if necessary for designating a green convergence cluster pursuant to Article 9 (1) of the Act.
 Article 6 (Requirements for Designation of Green Convergence Clusters)
"Requirements prescribed by Presidential Decree" in subparagraph 5 of Article 10 of the Act means the following:
1. Availability of professional human resources related to green industries, etc.;
2. Relevance to urban development and industrial development of the competent City/Do;
3. Other matters deemed necessary for designation of a green convergence cluster and publicly notified by the Minister of Environment.
 Article 7 (Details of Plans for Creation of Green Convergence Clusters)
"Matters prescribed by Presidential Decree" in subparagraph 7 of Article 11 of the Act means the following matters:
1. A plan for operation of the green convergence cluster;
2. A plan for securing the infrastructure of the green convergence cluster;
3. A plan for attracting enterprises moving into the green convergence cluster.
 Article 8 (Cancellation of Designation of Green Convergence Clusters)
"Where there are grounds prescribed by Presidential Decree" in Article 12 (1) 2 of the Act means the following cases:
1. Where the designation is intended to be made as a development zone, area, district, etc. under other statutes or regulations and there is no necessity to maintain the green convergence cluster in light of the land use plan, plan for attracting enterprises, etc. under the relevant statutes or regulations;
2. Where it is necessary to cancel the designation of a green convergence cluster for the public interest because circumstances that were unexpected at the time of designation of the green convergence cluster have occurred.
 Article 9 (Support for Infrastructure of Green Convergence Clusters)
The State and local governments may provide support for the installation of the infrastructure specified in the following subparagraphs pursuant to Article 14 (1) of the Act:
1. Traffic facilities such as roads;
2. Facilities for water supply, gas supply, and electricity and communications;
3. Facilities for public wastewater treatment and waste treatment;
4. Facilities for research and development and education and training related to green industries, etc.;
5. Other facilities requiring support to revitalize the green convergence clusters.
 Article 10 (Support for Green Innovation Industries)
The State and local governments may provide support necessary for the following pursuant to Article 15 (2) of the Act:
1. Revitalization of research and development and commercialization of green innovation industries;
2. Promotion of domestic and international exchange between green innovation industries;
3. Development and securing of professional human resources in green innovation industries;
4. Facilitation of the acquisition, protection, and utilization of intellectual property rights related to green innovation industries.
 Article 11 (Designation of Green Innovation Enterprises)
(1) "Standards prescribed by Presidential Decree" in Article 17 (1) 1 of the Act means the cases where the business turnover related to green industries, etc. accounts for at least 15/100 of its total sales.
(2) "Requirements prescribed by Presidential Decree in terms of technological level, etc." in Article 17 (1) 3 of the Act means the following requirements:
1. It shall have professional human resources in green industries, etc. whose number is at least equal to or greater than that determined and publicly notified by the Minister of Environment;
2. It shall have a department dedicated to research and development;
3. It shall retain patent related to green industries, etc.;
4. It shall have the ratio of research and development expenses invested in green industries, etc. to the turnover which meets or exceeds the standards determined and publicly notified by the Minister of Environment.
(3) An entity which intends to be designated as a green innovation enterprise under Article 17 (1) of the Act shall file an application therefor with the Minister of Environment as prescribed by Ordinance of the Ministry of Environment.
(4) Where an entity which has applied for designation as a green innovation enterprise pursuant to paragraph (3) satisfies the requirements referred to in Article 17 (1) of the Act, the Minister of Environment may designate such applicant as a green innovation enterprise.
(5) The Minister of Environment shall issue a certificate of designation to the one designated as a green innovation enterprise as prescribed by Ordinance of the Ministry of Environment.
 Article 12 (Designation of Specialized Research Institutes)
(1) An entity which intends to be designated as a specialized research institute pursuant to Article 18 (1) of the Act shall file an application with the Minister of Environment, satisfying all of the following requirements:
1. It shall secure support base for research, such as research personnel, facilities, and equipment related to green industries, etc.;
2. It shall secure capacity for the management of research and development and acceleration of commercialization;
3. It shall establish and operate a system of cooperation with the industry, academics, research institutes, etc. related to green industries, etc.
(2) Where an entity which has applied for designation as a specialized research institute pursuant to paragraph (1) satisfies the requirements for designation referred to in that paragraph, the Minister of Environment may designate such entity as a specialized research institute.
(3) Upon designation of a specialized research institute, the Minister of Environment shall issue a certificate of designation to the institute as prescribed by Ordinance of the Ministry of Environment.
 Article 13 (Development of Professional Human Resources)
(1) “Matters prescribed by Presidential Decree” in Article 19 (2) 3 of the Act means the following matters:
1. Matters concerning attracting and utilizing human resources with specialized skills, knowledge, etc. related to green industries, etc. pursuant to Article 19 (1) of the Act (hereinafter referred to as "green industry professionals”);
2. Matters concerning creating jobs for green industry professionals.
(2) An entity which intends to be designated as a professional training institution under Article 19 (3) of the Act shall file an application with the Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Ordinance of the Ministry of Environment, by complying with all of the following requirements:
1. The curriculum and content of educational programs shall be appropriate for developing green industry professionals;
2. The training facilities and professional teaching staff necessary for administration of educational programs shall be secured;
3. A financing plan for the expenses incurred in administration of educational programs shall be reasonable.
(3) Where an applicant for designation as a professional training institution under paragraph (2) meets the requirements for designation specified in that paragraph, the Minister of Environment or the Mayor/Do Governor may designate the applicant as a professional training institution.
(4) Upon designation of a professional training institution, the Minister of Environment or the Mayor/Do Governor shall issue a certificate of designation to the institution as prescribed by Ordinance of the Ministry of Environment.
 Article 14 (Entrustment of Duties)
(1) The Minister of Environment shall, pursuant to Article 23 (2) of the Act, entrust the duties related to the establishment and operation of the information system under Article 4 (5) to the Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Korea Environmental Industry and Technology Institute").
(2) The Minister of Environment may, pursuant to Article 23 (2) of the Act, entrust the following duties to the specialized operating institutions, including the Korea Environmental Industry and Technology Institute, which are deemed to have the organizational structure, human resources, facilities, etc. necessary to perform the duties:
1. Duties necessary to support occupant enterprises pursuant to Article 16 of the Act;
2. Support for receipt and review of application documents for the designation of green innovation enterprises under Articles 17 of the Act and Article 11 of this Decree;
3. Support for receipt and review of application documents for the designation of professional training institutions under Article 19 of the Act and Article 13 of this Decree;
4. Support for projects of international exchange, overseas market survey, localization and demonstration by specialized research institutes, occupant enterprises, etc. under Article 20 of the Act;
5. Collection of usage fees under Article 24 of the Act.
(3) Where the Minster of Environment entrusts duties under paragraph (2), he or she shall publicly notify the institution entrusted with such duties and the details of entrusted duties.
ADDENDA <Presidential Decree No. 32230, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 16, 2021.
Article 2 Omitted.