INDUSTRIAL SITES AND DEVELOPMENT ACT
Act No. 4216, Jan. 13, 1990
Amended by Act No. 4268, Dec. 27, 1990
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Act No. 17893, Jan. 12, 2021
Act No. 18310, Jul. 20, 2021
Act No. 18390, Aug. 10, 2021
Act No. 18661, Dec. 28, 2021
Act No. 18946, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the sound development of the national economy by promoting the balanced development of national land and sustained industrial development through the efficient supply of industrial locations and the rational positioning of industries.
[This Article Wholly Amended on Aug. 4, 2011]
The terms used in this Act are defined as follows: <Amended on Jun. 1, 2012; Jan. 14, 2014; Dec. 20, 2016; Dec. 22, 2020>
| 2. | The term "knowledge industry" means any industry able to contribute to the creation of high value-added knowledge services through creative intellectual activities based on knowledge in the specialized fields, such as computer software development business, research and development business, and engineering services business; |
| 6. | The term "resource-stockpiling facilities" means facilities for stockpiling, storing, and supplying energy resources, such as coal, oil, nuclear energy, and natural gas, and facilities related thereto; |
| 7-2. | The term "site for industrial facilities" means a site for a factory, knowledge industry-related facilities, cultural industry-related facilities, facilities related to the information and communications technology industry, recycling industry-related facilities, resource-stockpiling facilities, logistics facilities, education and research facilities and for other facilities prescribed by Presidential Decree; |
| 7-3. | The term "complex site" means a site for fully or partially installing the facilities under subparagraphs 7-2 and 9 (b) through (i); |
| 8. | The term "industrial complex" means a tract of land designated and developed according to a comprehensive plan to collectively install facilities referred to in subparagraph 7-2, and educational, research, business, support, data processing, and distribution facilities related thereto, and residential, cultural, environmental, park and green space, medical, tourist, sports, welfare facilities, etc. to enhance the functions thereof, falling under the following industrial complexes: |
| (a) | A national industrial complex: An industrial complex designated pursuant to Article 6 to promote national key industries, high-tech industries, etc. or to develop underdeveloped areas requiring the promotion of development or areas extending over at least two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities or Dos as an industrial complex; |
| (b) | A general industrial complex: An industrial complex designated pursuant to Article 7 to promote appropriate decentralization of industries and to revitalize the regional economy; |
| (c) | An urban high-tech industrial complex: An industrial complex designated pursuant to Article 7-2 in an urban area under the National Land Planning and Utilization Act to foster and promote the development of the knowledge industry, the cultural industry, the information and communications industry, and other high-tech industries; |
| (d) | An agricultural and industrial complex: An industrial complex designated pursuant to Article 8 to attract and promote industries for increasing the incomes of farmers and fishermen in rural areas prescribed by Presidential Decree; |
| 8-2. | The term "smart green industrial complex" means an industrial complex that promotes the digitalization, energy independence, and eco-friendly environment of occupant enterprises, infrastructure, residential facilities, support facilities, public facilities, etc.; |
| 9. | The term "industrial complex development projects" means the following projects, implemented to create industrial complexes: |
| (a) | A project to create sites for facilities under subparagraph 7-2 and a project to construct such facilities; |
| (b) | A project to create sites for educational and research facilities to develop high-tech industries and a project to construct such facilities; |
| (c) | A project to create sites for business facilities, data processing facilities, support facilities, exhibition facilities, distribution facilities, etc. to enhance the efficiency of industrial complexes and a project to construct such facilities; |
| (d) | A project to create sites for residential facilities, cultural facilities, medical and welfare facilities, sports facilities, educational facilities, tourism and recreation facilities, etc. to enhance the functions of industrial complexes, a project to construct such facilities, and a park creation project; |
| (e) | A project to install facilities to supply industrial water and water for daily living; |
| (f) | A project to build roads, railroads, ports, tracks, canals, lakes, and reservoirs; |
| (g) | A project to create facilities for the supply of and demand for electricity, communications, gas, steam, oil, raw materials, etc.; |
| (h) | A project to create sewerage, waste disposal facilities, and a project to create facilities to prevent environmental pollution; |
| (i) | Other projects incidental to those referred to in items (a) through (h); |
| 10. | The term "industrial complex renovation project district" (hereinafter referred to as "renovation project district") means a district designated and publicly notified in an industrial complex or industrial area (referring to an industrial area provided for in Article 36 (1) 1 (c) of the National Land Planning and Utilization Act; hereinafter the same shall apply) and any area adjacent thereto for revitalizing industrial functions pursuant to Articles 39-2 and 39-3; |
| 11. | The term "industrial complex renovation project" (hereinafter referred to as "renovation project") means a project to develop the functions of an industrial site and to expand and improve infrastructure, support facilities, and conveniences in a renovation project district; |
| 12. | The term "quasi-industrial complex" means a tract of land and structures designated pursuant to Article 8-3 as land and structures requiring planned management according to a comprehensive plan because the density of individual factories located at a specific area in or around a city exceeds other areas. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 3 (Committee for Deliberation on Industrial Location Policy) |
| (1) | There is hereby established a Committee for Deliberation on Industrial Location Policy (hereinafter referred to as the "Deliberation Committee") under the jurisdiction of the Ministry of Land, Infrastructure and Transport to deliberate on important matters concerning industrial location policies. <Amended on Mar. 23, 2013> |
| (2) | The functions, organization, and operation of the Deliberation Committee and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | To advise the Seoul 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 a "Mayor/Do Governor"), and the head of a Si/Gun/Gu (the head of a Gun means the head of an autonomous Gu; hereinafter the same shall apply) on the designation and development of industrial complexes, a Committee for Deliberation on Local Industrial Location may be established under the jurisdiction of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si/Gun/autonomous Gu. <Amended on Dec. 20, 2016; Jun. 9, 2020> |
| (4) | The functions, organization, and operation of Committees for Deliberation on Local Industrial Location and other necessary matters shall be prescribed by municipal ordinance of the relevant local government. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 3-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Jun. 12, 2018]
CHAPTER II INDUSTRIAL LOCATION DEVELOPMENT GUIDELINES
| Article 4 (Basic Inspections) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct a basic inspection, every five years, necessary for any of the following matters: <Amended on Mar. 23, 2013> |
| 1. | Preparing industrial location development guidelines referred to in Article 5; |
| 2. | Preparing guidelines for establishing an industrial location supply and demand plan and preparing an industrial location supply and demand plan referred to in Article 5-2; |
| 3. | Preparing an industrial complex development plan referred to in Articles 6, 7, and 7-2. |
| (2) | Notwithstanding paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct a basic inspection necessary to prepare the supply and demand outlook by City/Do and by type of industrial location pursuant to Article 5-2 (2) 3, every five years; and even if five years have not passed, he or she may modify or supplement it in consideration of the trend of demand for, actual results of supply of, etc. industrial locations. In such cases, the Minister of Land, Infrastructure and Transport shall provide a public notice of the findings of the relevant basic inspection, as prescribed by Presidential Decree. <Newly Inserted on Aug. 11, 2015; Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of the relevant central administrative agencies, local governments, public enterprises (referring to public enterprises under Article 5 of the Act on the Management of Public Institutions; hereinafter the same shall apply), government-funded institutions, or other related agencies to submit data where necessary to conduct a basic inspection under paragraphs (1) and (2). In such cases, the head of an agency in receipt of a request to submit data, shall comply with such request, except in extenuating circumstances. <Amended on Mar. 23, 2013; Aug. 11, 2015> |
| (4) | Matters necessary for conducting basic inspections under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 11, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 5 (Industrial Location Development Guidelines) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare basic guidelines for the development of industrial locations (hereinafter referred to as "industrial location development guidelines") and publish notice of it in the Official Gazette: Provided, That agricultural and industrial complexes shall be governed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Industrial location development guidelines shall include the following: |
| 1. | Matters concerning the planned and systematic development of industrial locations; |
| 2. | Matters concerning the designation (including matters concerning the requirements and criteria for designation), development of, and support for industrial complexes; |
| 3. | Matters concerning environmental conservation, including environmental impact assessments; |
| 4. | Other matters specified by Presidential Decree. |
| (3) | If the Minister of Land, Infrastructure and Transport intends to formulate the industrial location development guidelines, he or she shall hear the opinions of the Mayors/Do Governors and mayors of large cities (referring to large cities under Article 198 of the Local Autonomy Act; and hereinafter the mayors thereof shall be referred to as "mayors of large cities") and submit them for deliberation thereon by the Deliberation Committee after consultation with the Minister of Trade, Industry and Energy and the heads of the relevant central administrative agencies. The same shall also apply to an amendment to any of the industrial location development guidelines: Provided, That the same shall not apply to an alteration of any insignificant matter prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Dec. 20, 2016; Jan. 12, 2021> |
| (4) | The preparation of industrial location development guidelines and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 5-2 (Industrial Location Supply and Demand Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare guidelines for formulating an industrial location supply and demand plan for formulating industrial location policies and efficient supply of industrial locations, and shall inform Mayors/Do Governors of such guidelines. <Amended on Mar. 23, 2013> |
| (2) | Guidelines for formulating an industrial location supply and demand plan referred to in paragraph (1) shall include the following: |
| 1. | Basic direction-setting for industrial location policies; |
| 2. | The method of calculating the scale of supply of industrial locations; |
| 3. | Supply and demand outlook by City/Do and by type of industrial location; |
| 4. | Matters concerning various support for efficient supply of industrial sites; |
| 5. | Other matters necessary for formulating an industrial location supply and demand plan. |
| (4) | Article 5 (3) shall apply mutatis mutandis to preparing guidelines for formulating an industrial location supply and demand plan referred to in paragraph (1). |
| (5) | A Mayor/Do Governor shall formulate an industrial location supply and demand plan in accordance with guidelines for formulating an industrial location supply and demand plan and provide a public notice of it in an official report of the relevant local government after deliberation by the Committee for Deliberation on Industrial Location Policy under Article 3, and inform the Minister of Land, Infrastructure and Transport of the details immediately after the public notice. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (6) | An industrial location supply and demand plan referred to in paragraph (5) shall include the following: |
| 1. | Basic direction-setting for industrial location policies; |
| 2. | Matters concerning the supply of industrial sites by region and by type of industrial location; |
| 3. | Matters concerning the supply by type of industrial complex; |
| 4. | Matters concerning various support for efficient supply of industrial sites; |
| 5. | Other matters prescribed by Presidential Decree. |
| (7) | Matters necessary for preparing guidelines for formulating an industrial location supply and demand plan under paragraph (1) and for formulating an industrial location supply and demand plan under paragraph (5) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 5-3 (Building and Operating Industrial Location Information Networks) |
| (1) | The Minister of Land, Infrastructure and Transport may build and operate industrial location information networks jointly with the heads of the relevant central administrative agencies or Mayors/Do Governors for the efficient distribution of industrial information and swift collection and analysis of information necessary for industrial location policies. <Amended on Mar. 23, 2013> |
| (2) | Any person who builds and operates industrial location information networks referred to in paragraph (1) may request the heads of the relevant central administrative agencies and the heads of related agencies, such as local governments, public enterprises, and government-funded institutions, to provide data or information necessary for building and operating the networks. In such cases, the head of any agency in receipt of a request to provide data or information shall comply with such request, except in extenuating circumstances. |
| (3) | Any person who builds and operates industrial location information networks referred to in paragraph (1) may entrust the operation of such networks to agencies or organizations prescribed by Presidential Decree. |
| (4) | Matters necessary for operating industrial location information networks shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER III DESIGNATION OF INDUSTRIAL COMPLEXES
| Article 6 (Designation of National Industrial Complexes) |
| (1) | National industrial complexes shall be designated by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | If deemed necessary to designate a national industrial complex, the head of a central administrative agency may request the Minister of Land, Infrastructure and Transport to designate a prospective area as a national industrial complex. <Amended on Mar. 23, 2013> |
| (3) | If the Minister of Land, Infrastructure and Transport intends to designate a national industrial complex pursuant to paragraph (1) or (2), he or she shall formulate an industrial complex development plan, hear opinions of the competent Mayor/Do Governor, and consult with the heads of the relevant central administrative agencies. The same shall also apply to any amendment to such development plan. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall designate a national industrial complex after consultation pursuant to paragraph (3) and deliberation thereon by the Deliberation Committee. The same shall also apply where he or she intends to amend any important matter prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | An industrial complex development plan referred to in paragraph (3) shall include the following: Provided, That the Minister of Land, Infrastructure and Transport may designate an industrial complex development project operator (hereinafter referred to as "project operator") referred to in subparagraph 3 or include matters referred to in subparagraph 8 in the industrial complex development plan after he or she designates an industrial complex in inevitable circumstances when formulating the industrial complex development plan: <Amended on Jan. 14, 2014; Sep. 1, 2015> |
| 1. | The name, location, and area of the industrial complex; |
| 2. | The purposes of designation of the industrial complex; |
| 3. | The operator of the industrial complex development project (hereinafter referred to as "project operator"); |
| 4. | The method of executing the project; |
| 5. | Major types of industries to be invited or types of restricted industries; |
| 6. | A land utilization plan and a major infrastructure plan; |
| 8. | A detailed list of land, buildings, and other things or rights, if any, to be expropriated or used; |
| 9. | Other matters prescribed by Presidential Decree. |
| (6) | Notwithstanding paragraph (5), where necessary to promote creative and efficient development of an industrial complex, the Minister of Land, Infrastructure and Transport may invite the public to propose an industrial complex development plan as prescribed by Presidential Decree and reflect the selected proposal in the industrial complex development project: Provided, That where he or she intends to alter an industrial complex development plan by inviting public participation after designating an industrial complex, he or she may invite public participation jointly with the project operator. <Newly Inserted on Sep. 1, 2015> |
| (7) | Where it is intended to invite public participation pursuant to the main sentence of paragraph (6), matters prescribed in paragraph (5) 3 through 9 may be included in an industrial complex development project after inviting public participation. In such cases, if the applicant whose proposal for the industrial complex development plan is selected meets the qualification requirements prescribed in Article 16 (1), he or she may be designated as a project operator, or part of the complex development project may be outsourced to him or her pursuant to paragraph (3) of the same Article (the same shall also apply where public participation is invited pursuant to the proviso to paragraph (6). <Newly Inserted on Sept. 1, 2015> |
| (8) | The area (including a complex site under subparagraph 7-3 of Article 2 in which the area of industrial facilities occupies at least 50/100) of a site for industrial facilities in an industrial complex development plan referred to in paragraph (5) shall be at least the proportion prescribed by Presidential Decree within the range from 40/100 to 70/100 of the area of an industrial complex supplied at a cost according to the type of the relevant industrial complex. <Amended on Jan. 14, 2014; Sep. 1, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 7 (Designation of General Industrial Complexes) |
| (1) | General industrial complexes shall be designated by a Mayor/Do Governor or a mayor of a large city: Provided, That the head of a Si/Gun/Gu may designate an industrial complex not exceeding the area prescribed by Presidential Decree. <Amended on Aug. 4, 2011; Dec. 20, 2016> |
| (2) | Where an authority designating general industrial complexes under (1) (hereinafter referred to as "authority designating general industrial complexes") intends to designate a general industrial complex, it shall formulate an industrial complex development plan, hear opinions of the head of a Si/Gun/Gu having jurisdiction over the industrial complex, and consult with the heads of the relevant administrative agencies (including the Minister of Oceans and Fisheries where an area to be designated as a general industrial complex includes the sea and shorelines defined in subparagraph 1 (a) of Article 2 of the Public Waters Management and Reclamation Act) including the Minister of Land, Infrastructure and Transport. The same shall also apply where it intends to amend an industrial complex development plan. <Amended on Aug. 4, 2011; Mar. 23, 2013; Jan. 14, 2014; Dec. 20, 2016> |
| (3) | Deleted. <Dec. 26, 2008> |
| (4) | Deleted. <Dec. 26, 2008> |
| (5) | An authority designating general industrial complexes shall notify the Minister of Land, Infrastructure and Transport of the details of designation of a general industrial complex or any alteration thereof. In such cases, where the designating authority is the head of a Si/Gun/Gu, it shall also inform the Mayor/Do Governor of the details of designation of such general industrial complex or any alteration thereof. <Amended on Aug. 4, 2011; Mar. 23, 2013; Dec. 20, 2016> |
| (6) | Article 6 (5) through (8) shall apply mutatis mutandis to an industrial complex development plan referred to in paragraph (2). <Amended on Aug. 4, 2011; Sep. 1, 2015> |
| (7) | Where an authority designating general industrial complexes deems it necessary to mediate different opinions between related agencies in the course of consulting with the heads of the relevant administrative agencies under paragraph (2), he or she may request the Minister of Land, Infrastructure and Transport to mediate the different opinions, and the Minister of Land, Infrastructure and Transport in receipt of a request to mediate, may mediate such different opinions after deliberation thereon by the Deliberation Committee. <Amended on Aug. 4, 2011; Mar. 23, 2013; Dec. 20, 2016> |
[This Article Wholly Amended on Apr. 6, 2007]
| Article 7-2 (Designation of Urban High-Tech Industrial Complexes) |
| (1) | An urban high-tech industrial complex shall be designated by the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the mayor of a large city, and where a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) designates an urban high-tech industrial complex, he or she shall designate such upon request of the head of a Si/Gun/Gu: Provided, That the head of a Si/Gun/Gu may directly designate an urban high-tech industrial complex not exceeding the area prescribed by Presidential Decree. <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (2) | In order to prevent overpopulation, etc. no urban high-tech industrial complexes shall be designated in any area prescribed by Presidential Decree, including the Seoul Special Metropolitan City. |
| (3) | Where the head of a Si/Gun/Gu intends to apply for designation of an urban high-tech industrial complex to a Mayor/Do Governor pursuant to the main clause of paragraph (1), he or she shall prepare and submit an industrial complex development plan. |
| (4) | Where an authority designating urban high-tech industrial complexes under paragraph (1) (hereinafter referred to as "authority designating urban high-tech industrial complexes") intends to designate an urban high-tech industrial complex, it shall consult with the heads of the relevant administrative agencies (including the Minister of Oceans and Fisheries where an area to be designated includes the sea and shorelines defined in subparagraph 1 (a) of Article 2 of the Public Waters Management and Reclamation Act) on an industrial complex development plan. The same shall also apply where it intends to amend an industrial complex development plan. <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (5) | Where the Minister of Land, Infrastructure and Transport intends to designate an urban high-tech industrial complex, he or she shall refer the matter to the Deliberation Committee for deliberation after holding a consultation pursuant to paragraph (4), and the same shall also apply where he or she intends to amend an important matter prescribed by Presidential Decree. <Newly Inserted on Sep. 1, 2015> |
| (6) | Article 6 (5) through (8) shall apply mutatis mutandis to an industrial complex development plan referred to in paragraphs (3) and (4), and Article 7 (7) shall apply mutatis mutandis to consultations with the heads of the relevant administrative agencies under paragraph (4), respectively. <Amended on Sep. 1, 2015> |
| (7) | The head of each local government shall inform the Minister of Land, Infrastructure and Transport of the details of designation of urban high-tech industrial complexes, or of any alteration thereof. In such cases, where the designating authority is the head of a Si/Gun/Gu, it shall also inform the Mayor/Do Governor of the details of designation, or any alteration thereof. <Amended on Mar. 23, 2013; Sep. 1, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 7-3 (Special Cases concerning Designation of Urban High-Tech Industrial Complexes) |
| (1) | An authority designating urban high-tech industrial complexes may fully or partially designate a facility site created in any of the following project areas or districts, to ensure the function of self-sufficiency as an urban high-tech industrial complex: <Amended on Aug. 28, 2015; Dec. 20, 2016; Dec. 26, 2017> |
| 2. | An area scheduled for the development of an innovation city under subparagraph 4 of Article 2 of the Special Act on the Construction and Development of Innovation Cities; |
| 3. | An area scheduled for the development of a new city where a Do office relocates to pursuant to subparagraph 4 of Article 2 of the Special Act on the Construction and Development of Innovation Cities; |
| 7. | Other areas or districts prescribed by Presidential Decree. |
| (2) | Where an urban high-tech industrial complex is to be designated pursuant to paragraph (1), consultations with the heads of relevant administrative agencies under Article 7-2 (4) on an industrial complex development plan may be omitted; where matters concerning the designation of an urban high-tech industrial complex are included when the opinions of residents, etc. are heard concerning the designation of a project area or district falling under any subparagraph of paragraph (1), procedures for hearing the opinions of residents, etc. under Article 10 may be omitted. |
| (3) | Notwithstanding the procedures and methods prescribed by individual statutes referred to in subparagraphs of paragraph (1), the development of an urban high-tech industrial complex designated pursuant to the same paragraph and the sale, rent and transfer of the land, facilities, etc. developed by a project operator shall be governed by this Act. <Newly Inserted on Dec. 20, 2016> |
| (4) | The proportion of a green area applicable to an urban high-tech industrial complex may be separately determined by an authority designating urban high-tech industrial complexes within a range exceeding 50/100, notwithstanding the percentage of a green area determined according to industrial location development guidelines under Article 5. <Amended on Dec. 20, 2016> |
| (5) | In order to vitalize the development of an urban high-tech industrial complex, the Minister of Land, Infrastructure and Transport may, at the request of a Mayor/Do Governor, request the heads of the relevant administrative agencies to provide necessary support among the following projects: <Newly Inserted on Sep. 1, 2015; Dec. 20, 2016; Dec. 28, 2021> |
| 1. | The following projects for establishing industrial foundation and research foundation: |
| 2. | The following projects for improving conditions for settling down in an urban high-tech industrial complex and living environment of workers therein: |
| (a) | Public housing construction projects under the Special Act on the Construction of Public Housing; |
| (d) | Projects for the promotion of public arts (referring to the installation and exhibition of the works of art to the public in open space) or projects or activities of cultural facilities, such as support, fostering, etc. of libraries, which aim at promoting culture and arts, under subparagraphs 9 and 10 of Article 18 of the Culture and Arts Promotion Act; |
| 3. | Other projects prescribed by Presidential Decree for vitalization of the development of an urban high-tech industrial complex. |
| (6) | The head of an administrative agency in receipt of a request for cooperation pursuant to paragraph (5) may provide necessary support on a preferential basis. <Newly Inserted on Sep. 1, 2015; Dec. 20, 2016> |
| (7) | An authority designating urban high-tech industrial complexes may reflect the matters determined to be supported among the projects referred to in subparagraphs of paragraph (5) in an industrial complex development plan as necessary. <Newly Inserted on Sep. 1, 2015; Dec. 20, 2016> |
[This Article Wholly Amended on Jan. 14, 2014]
| Article 7-4 (Public Notice of Designation of Industrial Complexes) |
| (1) | When an authority designating industrial complexes (referring to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu who has the authority to designate an industrial complex pursuant to Articles 6, 7, 7-2, or 7-3, or 8; hereinafter the same shall apply) designates an industrial complex, he or she shall publicly notify matters prescribed by Presidential Decree in the Official Gazette or an official report, and the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) who designates an industrial complex shall forward a copy of related documents to the head of a Si/Gun/Gu having jurisdiction over the industrial complex. <Amended on Mar. 23, 2013; Jan. 14, 2014; Dec. 20, 2016> |
| (2) | Where land, buildings, and other things or rights, if any, to be expropriated or used exist in an area designated as an industrial complex, a detailed list of such land, etc. shall be included in a public notice made under paragraph (1): Provided, That where a detailed list of such land, etc. is included in an industrial complex development plan after the designation of an industrial complex, the detailed list of such land, etc. shall be publicly notified within a period prescribed by Presidential Decree. <Amended on Dec. 20, 2016> |
| (3) | The Special Self-Governing Province Governor who designates an industrial complex pursuant to paragraph (1) or the head of a Si/Gun/Gu in receipt of related documents pursuant to paragraph (1) shall make such documents available for public perusal. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 7-5 (Designation of Smart Green Industrial Complex) |
| (1) | An authority designating industrial complexes shall exclude industrial complexes designated pursuant to Article 6, 7, or 7-2 (excluding industrial complexes for which authorization for the completion is granted, but referring to the portion of a completed industrial complex, if the construction is partially completed. hereafter in this Chapter, the same shall apply) may be designated as a smart green industrial complex, or as a smart green industrial complex, simultaneously with the designation of such industrial complex pursuant to Article 6, 7, or 7-2. |
| (2) | Articles 6, 7, and 7-2 shall apply mutatis mutandis to the designation of smart green industrial complexes. In such cases, "industrial complex" shall be deemed "smart green industrial complex." |
| (3) | Where the project implementer of a smart green industrial complex includes a building project in an industrial complex development project, he or she shall indicate the results thereof after obtaining certification of zero-energy buildings under Article 17 of the Green Buildings Construction Support Act. In such cases, notwithstanding Article 38 (5), a project implementer may use gains from sale generated from building projects for projects related to a smart green industrial complex in accordance with the guidelines prescribed by the Minister of Land, Infrastructure and Transport pursuant to paragraph (5). |
| (5) | The Minister of Land, Infrastructure and Transport may determine and publicly notify matters concerning designating and developing smart green industrial complexes, standards for establishing facilities, etc. for systematically developing smart green industrial complexes. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 7-6 (Special Cases concerning Designation of Smart Green Industrial Complexes) |
In order to vitalize the development of an urban high-tech industrial complex, the Minister of Land, Infrastructure and Transport may, at the request of a Mayor/Do Governor, request the heads of the relevant administrative agencies to provide necessary support among the following projects: <Newly Inserted on Sept. 1, 2015>
| 3. | Other projects prescribed by Presidential Decree for vitalization of the development of an urban high-tech industrial complex. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 7-7 (Designation of Smart Green Industrial Complex) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an industrial complex meeting the following requirements, among national industrial complexes under Article 6 or urban high-tech industrial complexes designated by the Minister of Land, Infrastructure and Transport pursuant to Article 7-2, as a smart-green national pilot industrial complex (hereinafter referred to as "national pilot industrial complex"), or designate it as an industrial complex and a national pilot industrial complex simultaneously: |
| 1. | It shall be highly likely to grow as a regional base for innovative growth by strengthening functions related to the environment, energy, safety, traffic, etc. of the industrial complex; |
| 2. | The comprehensive application of information and communication technology and energy technology, etc. shall be easy, and the circumstances of establishing infrastructure for developing a smart green industrial complex shall be good. |
| (2) | Articles 6 and 7-2 shall apply mutatis mutandis to designation of national pilot industrial complexes. In such cases, "industrial complex" shall be deemed "smart national pilot industrial complex." |
| (3) | Notwithstanding Article 28, the State or a local government may subsidize a national pilot industrial complex for expenses incurred in the installation of electricity facilities and smart city infrastructure, etc. under the Act on the Development and Industry Promotion of Smart Cities. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 8 (Designation of Agricultural and Industrial Complexes) |
| (1) | Agricultural and industrial complexes shall be designated by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. <Amended on Aug. 4, 2011> |
| (2) | If an authority designating an agricultural and industrial complex (excluding mayors of large cities) intends to designate an agricultural and industrial complex under paragraph (1), he or she shall prepare an industrial complex development plan accompanied by documents and drawings prescribed by Presidential Decree and obtain approval thereof from the relevant Mayor/Do Governor. The same shall also apply where he or she intends to alter any approved matter: Provided, That this shall not apply to an modification of any insignificant matter prescribed by Presidential Decree. <Amended on Aug. 4, 2011; Jan. 14, 2014; Dec. 20, 2016> |
| (3) | Deleted. <Dec. 20, 2016> |
| (4) | Article 6 (5) through (8) shall apply mutatis mutandis to an industrial complex development plan under paragraph (2). <Newly Inserted on Jan. 14, 2014; Sep. 1, 2015> |
| (5) | Where an area to be designated as an agricultural and industrial complex encompasses the sea and shorelines defined in subparagraph 1 (a) of Article 2 of the Public Waters Management and Reclamation Act, a Mayor/Do Governor in receipt of a request for approval under paragraph (2) shall consult with the Minister of Oceans and Fisheries. <Newly Inserted on Jan. 14, 2014> |
| (6) | The Minister of Agriculture, Food and Rural Affairs and the Minister of Trade, Industry and Energy may provide an agricultural and industrial complex with the same support as that afforded to a general industrial complex or urban high-tech industrial complex designated in a rural area prescribed by Presidential Decree under subparagraph 8 (d) of Article 2. <Amended on Aug. 4, 2011; Mar. 23, 2013; Jan. 14, 2014> |
[Title Amended on Aug. 4, 2011]
| Article 8-2 (Restrictions on Designation of Industrial Complexes) |
| (1) | An authority designating industrial complexes shall not designate any industrial complex if the designated area or unsold ratio of an industrial complex of a local government corresponds to the area or unsold ratio prescribed by Presidential Decree, by type of industrial complex: Provided, That this shall not apply in the following cases: <Amended on Mar. 23, 2013; Dec. 20, 2016> |
| 1. | Where a project operator under Article 16 (1) 3 or 4 develops an industrial complex; |
| 2. | Where an industrial complex for which demand for occupancy by enterprises has been confirmed, is developed as prescribed by Presidential Decree. |
| (2) | Methods for computing designated area or unsold ratio under paragraph (1) shall be determined in accordance with industrial location development guidelines. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 8-3 (Designation of Quasi-Industrial Complexes) |
| (1) | A quasi-industrial complex shall be designated by a Mayor/Do Governor (excluding Do Governor) or the head of a Si/Gun/Gu. <Amended on Dec. 20, 2016> |
| (2) | If an authority designating quasi-industrial complexes under paragraph (1) (hereinafter referred to as "authority designating quasi-industrial complexes") intends to designate a quasi-industrial complex under paragraph (1), he or she shall do so after first hearing opinions of the owners of factories and formulating a renovation plan for the quasi-industrial complex and consulting with the heads of the relevant administrative agencies. <Amended on Dec. 20, 2016> |
| (3) | Standards and the method for designation of quasi-industrial complexes, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Articles 5, 7, 7-2 through 7-4, 10 through 13, 16, 18, 18-2, 19-2, 20, 20-2, 21 through 27, 30 through 34, 36 through 38, 46, 47, 48, and 50 shall apply mutatis mutandis to quasi-industrial complexes: Provided, That Article 12 shall apply mutatis mutandis only to areas designated and publicly notified by an authority designating quasi-industrial complexes because he or she deems that restrictions on development activities are required. <Amended on Jun. 1, 2012; Dec. 20, 2016> |
| (5) | Expenses may be subsidized or facilities may be funded pursuant to Articles 28 and 29, to a quasi-industrial complex that meets the requirements prescribed by Presidential Decree, such as the area and location. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 9 (Utilization of Industrial Areas) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall prioritize designating, as an industrial complex, an area designated as an industrial area pursuant to the National Land Planning and Utilization Act, except in extenuating circumstances: Provided, That priority shall be given in designating an urban high-tech industrial complex in an area designated as a quasi-residential area, commercial area, industrial area, or development promotion district within an urban area under the National Land Planning and Utilization Act. [This Article Wholly Amended on Aug. 4, 2011]
| Article 10 (Gathering Consensus from Residents) |
| (1) | Where an authority designating industrial complexes intends to designate an industrial complex pursuant to Articles 6, 7, 7-2, 7-3, and 8 or to amend any important matter prescribed by Presidential Decree, it shall publicly announce such designation or amendment, gather consensus from residents or related experts, and reflect such consensus if deemed meritorious: Provided, That he or she may omit gathering consensus if necessary to maintain confidentiality for national defense. <Amended on Dec. 20, 2016> |
| (2) | Where an authority designating industrial complexes intends to designate an industrial complex without gathering consensus from residents and related experts pursuant to the proviso to paragraph (1), he or she shall first consult with the head of the relevant administrative agency. |
| (3) | Other matters necessary to gather consensus from residents and related experts, such as a public announcement, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 11 (Requests of Private Enterprises for Designation of Industrial Complexes) |
| (1) | Any person, other than the State or a local government, who meets the requirements prescribed by Presidential Decree, may prepare an industrial complex development plan and request the authority designating industrial complexes to designate an industrial complex. <Amended on Dec. 20, 2016> |
| (2) | Where any person intends to request the designation and development of a national industrial complex pursuant to paragraph (1), he or she shall concurrently submit documents related to such request for designation to the Mayor/Do Governor having jurisdiction over the relevant area, allowing the Mayor/Do Governor to examine them beforehand, and where any person intends to request a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) to designate and develop a general industrial complex or an urban high-tech industrial complex, he or she shall concurrently submit documents related to such request for designation to the head of a Si/Gun/Gu having jurisdiction over the relevant area, allowing the head of a Si/Gun/Gu to examine them beforehand. |
| (3) | Where an industrial complex is designated upon request made under paragraph (1), the person who requested such designation may be designated as the project operator pursuant to Article 16. |
| (4) | Where any person requests the designation of an industrial complex pursuant to paragraph (1), the size of the relevant industrial complex and other matters necessary to request the designation of such industrial complex shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 12 (Restrictions on Conduct) |
| (1) | Any person who intends to engage in conduct prescribed by Presidential Decree, such as constructing a building, erecting a structure, changing the form and quality of land, extracting earth and stone, subdividing land, or piling goods, in an area regarding which a public announcement is made to hear the opinions of residents, etc. on the designation or alteration of an industrial complex pursuant to Article 10 (1) or an industrial complex shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun. The same shall also apply to an modification of any permitted matter. <Amended on Dec. 20, 2016> |
| (2) | Any person may engage in any of the following conduct without obtaining permission, notwithstanding paragraph (1): |
| 1. | Conduct for taking emergency measures required to recover from a disaster, or to cope with an accident; |
| 2. | Other conduct prescribed by Presidential Decree. |
| (3) | Any person who has started construction works or project with regard to a conduct requiring permission under paragraph (1) for which he or she has already obtained permission pursuant to related statutes or regulations as at the time a public announcement under Article 10 (1) is made and an industrial complex is designated and publicly notified, or conduct for which he or she need not obtain permission, he or she may continue to perform such construction works or project after reporting to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun, as prescribed by Presidential Decree. <Amended on Dec. 20, 2016> |
| (4) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun may order a person who violates paragraph (1) to reinstate. In such cases, if the person in receipt of such order fails to comply therewith, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun may conduct such reinstatement on his or her behalf pursuant to the Administrative Vicarious Execution Act. <Amended on Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 13 (Cancellation of Designation of Industrial Complexes) |
| (1) | Where a project operator fails to apply for approval of an implementation plan for developing an industrial complex under Articles 17, 18, 18-2, and 19 for all or part of the industrial complex within the period prescribed by Presidential Decree from the date the industrial complex is designated and publicly notified, the designation of such industrial complex shall be deemed cancelled on the day following the expiration of such period. |
| (2) | In any of the following cases, an authority designating industrial complexes may fully or partially cancel the designation of the relevant area as an industrial complex, as prescribed by Presidential Decree: <Amended on Dec. 20, 2016> |
| 1. | Where no prospect exists for full or partial development of the industrial complex and falls under any of the following cases: |
| (a) | Where no bidder or successful bidder exists although the authority designating industrial complexes tried to select a project operator by means of competitive bidding pursuant to the main clause of Article 16 (4) for designation of another project operator in accordance with paragraph (2) of the same Article; |
| (b) | Where a ratio of land prescribed by Presidential Decree could not be secured (referring to obtaining the ownership of the land or obtaining consent from the landowners for the use of the relevant land) within a period prescribed by Presidential Decree after obtaining approval of industrial complex development implementation plan; |
| (c) | Other cases prescribed by Presidential Decree; |
| 2. | Where any industrial complex, the development of which is completed, falls under any of the following cases: |
| (b) | Where it is deemed impractical to function as an industrial complex even after a renovation project or project for upgrading the structure of the industrial complex under subparagraph 11 of Article 2 of the Industrial Cluster Development and Factory Establishment Act because at least 20 years have passed since the completion of construction (including partial completion) and the surrounding conditions and industrial circumstances have changed. |
| (3) | An authority designating industrial complexes who intends to cancel the designation of an industrial complex pursuant to paragraph (2) (excluding where necessary to keep confidentiality for the national defense) shall provide a public announcement of the details of the cancellation and hear opinions of the residents, landowners, etc., and reflect such opinions if they are deemed reasonable. In such cases, Article 10 shall apply mutatis mutandis to the methods of and procedures for hearing opinions of residents, etc. <Newly Inserted on Dec. 20, 2016> |
| (4) | Where the designation of an industrial complex is cancelled pursuant to paragraph (1) or (2), the authority designating the relevant industrial complex shall inform the head of the relevant central administrative agency and the Mayor/Do Governor of such cancellation, and publicly notify the same, and the Mayor/Do Governor so informed shall, without delay, have the head of a Si/Gun/Gu make details of such cancellation available for public perusal (the Special Self-Governing Province Governor shall directly make details of such cancellation available for pubic perusal). <Amended on Dec. 20, 2016> |
| (5) | Where the designation of an industrial complex is cancelled pursuant to paragraph (1) or (2) after a specific-purpose area under the National Land Planning and Utilization Act has been altered or determined due to the designation of the industrial complex, notwithstanding the National Land Planning and Utilization Act, the specific-purpose area for such industrial complex shall be deemed reinstated to the specific-purpose area before alteration or determination: Provided, That this shall not apply where the designation of the industrial complex is cancelled upon completion of development. <Amended on Dec. 20, 2016> |
| (6) | Where a specific-purpose area has been reinstated pursuant to paragraph (5), the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall immediately give a public notice of such fact. <Amended on Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 13-2 (Conversion of Industrial Complexes) |
| (1) | In order to revive industrial complexes and promote renovation thereof, the authority designating industrial complexes may convert (excluding conversion into national industrial complexes or agricultural and industrial complexes) the type of an industrial complex by fully or partially changing the function of the area of the industrial complex after consultation with the relevant authorized administrator (hereinafter referred to as "managing authority") under Article 30 of the Industrial Cluster Development and Factory Establishment Act, in cases prescribed by Presidential Decree taking into account the years lapsed after the completion of construction or the area in which the types of industries to be invited are altered. <Amended on Dec. 20, 2016> |
| (2) | Conversion of the type of an industrial complex (hereinafter referred to as "conversion of an industrial complex") under paragraph (1) may be conducted only when each of the industrial complex converted and the remaining industrial complex (referring to the remaining industrial complex where a partial area of an existing industrial complex undergoes conversion of an industrial complex) is not less than the size prescribed by Presidential Decree. <Newly Inserted on Dec. 20, 2016> |
| (3) | An authority designating industrial complexes who intends to conduct conversion of an industrial complex shall formulate or amend a development plan or implementation plan and obtain approval from the authority who has designated the previous industrial complex or consult with the authority who has designated the previous industrial complex or the heads of relevant administrative agencies, as prescribed by Presidential Decree. <Newly Inserted on Dec. 20, 2016> |
| (4) | Upon conversion of an industrial complex, the authority designating industrial complexes shall publish notice of matters prescribed by Presidential Decree in the Official Gazette or an official report. In such cases, the industrial complex shall be deemed converted on the date of the public notice, and the implementation plan newly formulated pursuant to paragraph (3) shall be deemed to have succeeded to the implementation plan existing before the conversion. <Newly Inserted on Dec. 20, 2016> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures, etc. for conversion of industrial complexes shall be prescribed by Presidential Decree. <Amended on Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 13-3 (Amalgamation of Industrial Complexes) |
| (1) | For the efficient management of adjacent industrial complexes, an authority designating industrial complexes may amalgamate two or more industrial complexes (limited to industrial complexes, the types of which are the same) into one industrial complex following consultation with the managing authority: Provided, That where there is a separate authority designating industrial complexes having jurisdiction over the industrial complex to be amalgamated, the same shall apply only where requested by the authority designating industrial complexes having jurisdiction over the relevant industrial complex to be amalgamated. |
| (2) | An authority designating industrial complexes who intends to conduct amalgamation pursuant to paragraph (1) (hereinafter referred to as "amalgamation of industrial complexes) shall formulate a development plan as prescribed by Presidential Decree and consult with the authority designating industrial complexes having jurisdiction over the industrial complex to be amalgamated or the heads of relevant administrative agencies. |
| (3) | Upon amalgamation of industrial complexes, the authority designating industrial complexes shall publish notice of matters prescribed by Presidential Decree in the Official Gazette or an official report. In such cases, the industrial complexes shall be deemed amalgamated on the date of the public notice, and the implementation plan existing before the amalgamation shall be deemed the implementation plan for the amalgamated industrial complexes. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures, etc. for the amalgamation of industrial complexes shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 20, 2016]
[Previous Article 13-3 moved to Article 13-4 <Dec. 20, 2016>]
| Article 13-4 (Special Cases concerning Development Activities in Completed Industrial Complexes) |
| (1) | A development activity in a completed industrial complex may be engaged in with approval from an authority designating the industrial complex after formulating an implementation plan without amending an industrial complex development plan, except in the following cases: <Amended on Jan. 14, 2014; Dec. 20, 2016; Jun. 9, 2020> |
| 1. | Alteration of the area of a designated industrial complex (excluding alteration according to the results of land survey of the site); |
| 2. | Alteration of the major types of industries to be invited (limited where a land use plan is amended or the volume or size of infrastructure is increased); |
| 3. | Alteration of at least 10 percent of the area of each facility on a land use plan (including where the total cumulative alterations are at least 10 percent) where an area to be altered is at least the same as the area in the following items: |
| (a) | A national industrial complex and general industrial complex: 30,000 square meters; |
| (b) | An urban high-tech industrial complex and agricultural and industrial complex: 10,000 square meters; |
| 4. | Where an area to be altered on a land use plan is at least 50 percent of the area of industrial complex or the area of each facility; |
| 5. | Construction or disuse of a road, the width of which is at least 15 meters; |
| 6. | Alteration of at least 50 percent of the size or capacity of a facility determined by the Minister of Land, Infrastructure and Transport (including where the total cumulative alterations are at least 50 percent). |
| (3) | If an implementation plan is approved pursuant to paragraph (1), a master plan for management of industrial complexes shall be deemed approved. In such cases, an authority designating industrial complexes shall first consult with an authorized administrator under subparagraph 16 of Article 2 of the Industrial Cluster Development and Factory Establishment Act. <Amended on Jan. 14, 2014> |
| (4) | If a project operator falling under any of subparagraphs 2-2, 3 through 8 of Article 16 (1) changes a development plan or formulates an implementation plan under paragraph (1), the approval authority for the relevant plan may require the project operator to construct roads, parks, green spaces, and other public facilities necessary for an industrial complex under Article 33, within the limit of 50/100 of the increase in land prices resulting from the amendment of the development plan or the formulation of the implementation plan, as prescribed by Presidential Decree: Provided, That this shall not apply to the development of an enterprise-owned land for an industrial complex occupied by a single enterprise. <Newly Inserted on Jun. 12, 2018; Dec. 10, 2019> |
| (5) | Procedures for engaging in development activity under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Jan. 14, 2014; Jun. 12, 2018> |
[This Article Wholly Amended on Aug. 4, 2011]
[Moved from Article 13-3 <Dec. 20, 2016>]
CHAPTER IV DEVELOPMENT OF INDUSTRIAL COMPLEXES
| Article 14 Deleted. <Aug. 5, 1993> |
| Article 15 Deleted. <Aug. 5, 1993> |
| Article 16 (Operators of Industrial Complex Development Projects) |
| (1) | A person determined in the relevant industrial complex development plan upon designation by the authority designating industrial complexes, from among the following persons, shall perform an industrial complex development project: <Amended on Jan. 14, 2014; Sep. 1, 2015; Dec. 31, 2018; Dec. 10, 2019; Dec. 8, 2020; Aug. 10, 2021> |
| 1. | Any of the following persons, where it is intended to develop an industrial complex and sell or lease it: |
| (a) | The State or a local government; |
| (d) | A corporation incorporated for the purpose of developing an industrial complex, in which a person falling under any of items (a) through (c) holds de facto governing power, including exercising an authority appointing executive officers, in accordance with the criteria prescribed by Presidential Decree, such as holding at least 50/100 of the shares or exercising the right to appoint or dismiss executive officers holding at least 30/100 of the shares; |
| 3. | A person who meets the requirements prescribed by Presidential Decree, who intends to establish and occupy facilities in compliance with the relevant industrial complex development plan or who is deemed capable of developing an industrial complex in compliance with the relevant industrial complex development plan; |
| 4. | A corporation established by any entity which falls under any of subparagraph 1 (a) through (c), 2 or 3 upon making investments for developing an industrial complex, which meets the requirements prescribed by Presidential Decree (excluding a corporation falling under paragraph (1) 1 (d)); |
| 5. | A real estate trust business operator who enters into a trust contract for industrial complex development with a project operator falling under subparagraph 3 or 4 (in cases of project operators falling under subparagraph 4, limited to a corporation established under subparagraph 4 by a person falling under subparagraph 3; hereafter in Article 20-2, the same shall apply) pursuant to Article 20-2; |
| 6. | Owners of industrial complex land, or an association established by them to develop an industrial complex; |
| 7. | An incorporated educational institution that establishes and manages a private school under Article 3 of the Higher Education Act, Seoul National University established under the Act on Establishing and Administrating Seoul National University, or Incheon National University established under the Act on Establishing and Administrating Incheon National University (hereinafter referred to as "incorporated university"); |
| 8. | The Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act, the Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act, the Daegu Gyeongbuk Institute of Science and Technology under the Daegu Gyeongbuk Institute of Science and Technology Act, and the Ulsan National Institute of Science and Technology under the Ulsan National Institute of Science and Technology Act (hereinafter referred to as "institute of science and technology"). |
| (2) | Where a project operator fails to commence an industrial complex development project within two years after obtaining approval for the relevant implementation plan pursuant to Article 17, 18, 18-2, or 19, or fails to complete the industrial complex development project within a period stipulated in the relevant implementation plan, or it is impracticable for him or her to complete the industrial complex development project in cases prescribed by Presidential Decree, the authority designating industrial complexes may designate another project operator to perform the relevant industrial complex development project. |
| (3) | Where a project operator falling under paragraph (1) 1 deems it necessary for efficiently performing an industrial complex development project, he or she may outsource performance of part of the industrial complex development project, as prescribed by Presidential Decree: Provided, That a project operator falling under paragraph (1) 2 through 8 shall obtain approval from the authority designating the relevant industrial complex. <Amended on Jan. 14, 2014; Dec. 10, 2019> |
| (4) | An authority designating industrial complexes may select a project operator through competitive bidding: Provided, That where a private enterprise, etc. requests the designation of an industrial complex pursuant to Article 11 (1), this shall not apply. <Amended on Jan. 14, 2014> |
| (5) | Deleted. <Jan. 14, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 16-2 (Establishment of Associations) |
Articles 13 through 16 of the Urban Development Act shall apply mutatis mutandis to establishing an association, qualification for its membership, the bearing of expenses by its members, etc. under Article 16 (1) 6: Provided, That where an application for authorization of establishing an association is to be filed, approval from land owners corresponding to at least half of the area of land of the relevant industrial complex zone and from land owners corresponding to at least half of the total number of land owners of the zone shall be obtained. In such cases, "urban development zone" shall be construed as "industrial complex", and "designating authority" as "authority designating industrial complexes", respectively. <Amended on Jan. 14, 2014> [This Article Wholly Amended on Aug. 4, 2011]
| Article 17 (Approval for Implementation Plans for National Industrial Complex Development) |
| (1) | The project operator of a national industrial complex shall prepare an implementation plan for developing a national industrial complex (hereinafter referred to as "national complex implementation plan"), as prescribed by Presidential Decree, and obtain approval thereof from the Minister of Land, Infrastructure and Transport (referring to approval from the Minister of Oceans and Fisheries in cases of an implementation plan for a port construction project for installing breakwaters, protection banks, quay walls, lighter wharves, and facilities with similar functions for official or public use; in such cases, the Minister of Oceans and Fisheries shall first consult with the Minister of Land, Infrastructure and Transport; hereinafter the same shall apply). <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (2) | If the Minister of Land, Infrastructure and Transport intends to approve a national complex implementation plan, he or she shall hear opinions of the competent Mayor/Do Governor and consult with the heads of the relevant central administrative agencies (limited to any agency which has presented an opinion that re-consultation is required before approving an implementation plan during consultations on an industrial complex development plan under Article 6 (3)). <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 17-2 (Amendment to Implementation Plans for National Industrial Complex Development) |
| (1) | Article 17 (1) and (2) shall apply mutatis mutandis to the amendment to or abolition of an approved national complex implementation plan where important matters prescribed by Presidential Decree are to be modified. <Amended on Jan. 14, 2014; Dec. 22, 2020> |
| (2) | If an implementation plan is approved pursuant to paragraph (1), a master plan for management of industrial complexes shall be deemed approved. In such cases, an authority designating industrial complexes shall first consult with an authorized administrator under subparagraph 16 of Article 2 of the Industrial Cluster Development and Factory Establishment Act. <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 18 (Approval of Implementation Plans for General Industrial Complex Development) |
| (1) | The project operator of a general industrial complex shall formulate an implementation plan for developing a general industrial complex, as prescribed by Presidential Decree, and obtain approval thereof (referring to approval from the Minister of Oceans and Fisheries in cases of an implementation plan for a port construction project for installing breakwaters, protection banks, quay walls, lighter wharves, and facilities with similar functions for official or public use; in such cases, the Minister of Oceans and Fisheries shall first consult with the authority designating general industrial complexes; hereinafter the same shall apply) from the authority designating general industrial complexes. Where a Mayor/Do Governor (excluding Special Self-Governing Province Governor) approves such implementation plan, he or she shall hear opinions of the head of a Si/Gun/Gu having jurisdiction over the general industrial complex. <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (2) | If an authority designating general industrial complexes or the Minister of Oceans and Fisheries intends to approve an implementation plan for developing a general industrial complex under paragraph (1), it shall first consult with the head of the relevant administrative agency (limited to any agency which has presented an opinion that re-consultation is required before approving an implementation plan during consultations on an industrial complex development plan under Article 7 (2)). <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (3) | Article 17-2 shall apply mutatis mutandis where a project operator amends or abolishes an approved implementation plan for general industrial complex development. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 18-2 (Approval of Implementation Plans for Urban High-Tech Industrial Complex Development) |
| (1) | Any project operator of an urban high-tech industrial complex shall prepare an implementation plan for developing an urban high-tech industrial complex, as prescribed by Presidential Decree, and obtain approval thereof (referring to approval from the Minister of Oceans and Fisheries in cases of an implementation plan for a port construction project for installing breakwaters, protection banks, quay walls, lighter wharves, and facilities with similar functions for official or public use; in such cases, the Minister of Oceans and Fisheries shall first consult with the authority designating urban high-tech industrial complexes; hereinafter the same shall apply) from the authority designating urban high-tech industrial complexes. Where a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) approves such implementation plan, he or she shall hear opinions of the head of a Si/Gun/Gu having jurisdiction over the urban high-tech industrial complex. <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (2) | If an authority designating urban high-tech industrial complexes or the Minister of Oceans and Fisheries intends to approve an implementation plan for developing an urban high-tech industrial complex pursuant to paragraph (1), it shall first consult with the head of the relevant administrative agency (limited to any agency which has presented an opinion that re-consultation is required before approving an implementation plan during consultations on an industrial complex development plan under Article 7-2 (4)). <Amended on Jan. 14, 2014; Dec. 20, 2016> |
| (3) | Article 17-2 shall apply mutatis mutandis where any project operator amends or abolishes an approved implementation plan for developing an urban high-tech industrial complex. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 19 (Approval of Implementation Plans for Agricultural and Industrial Complex Development) |
| (1) | Any project operator of an agricultural and industrial complex shall prepare an implementation plan for developing an agricultural and industrial complex (hereinafter referred to as "agricultural and industrial complex implementation plan"), as prescribed by Presidential Decree, and obtain approval thereof from the competent authority designating an agricultural and industrial complex referred to in Article 8 (1). <Amended on Aug. 4, 2011; Dec. 20, 2016> |
| (2) | Deleted. <Feb. 29, 2008> |
| (3) | Where any project operator of an agricultural and industrial complex files an application for approval of an agricultural and industrial complex implementation plan including the sea and shorelines defined in subparagraph 1 (a) of Article 2 of the Public Waters Management and Reclamation Act in an area of project implementation under paragraph (1), he or she shall first consult with the Minister of Oceans and Fisheries and include the results of consultation in the application for approval: Provided, That where the agricultural and industrial complex implementation plan involves details of a port construction project, he or she shall obtain approval thereof from the Minister of Oceans and Fisheries. <Newly Inserted on Jan. 14, 2014; Dec. 20, 2016> |
| (4) | Article 17-2 shall apply mutatis mutandis to the amendment to or abolition of an approved agricultural and industrial complex implementation plan. <Amended on Aug. 4, 2011; Jan. 14, 2014> |
[Title Amended on Aug. 4, 2011]
| Article 19-2 (Public Notice of Approval of Implementation Plans) |
| (1) | When an authority designating industrial complexes or the Minister of Oceans and Fisheries approves an implementation plan pursuant to Article 17, 18, 18-2, or 19, it shall provide a public notice of matters prescribed by Presidential Decree in the Official Gazette or an official report, and where the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) approves an implementation plan, he or she shall forward copies of related documents to the head of a Si/Gun/Gu having jurisdiction over the relevant industrial complex. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (2) | The Special Self-Governing Province Governor who has approved an implementation plan pursuant to paragraph (1) or the head of a Si/Gun/Gu in receipt of copies of the relevant documents pursuant to paragraph (1) shall make such documents available for public perusal. |
| (3) | When an authority designating industrial complexes or the Minister of Oceans and Fisheries provides a public notice of approval of an implementation plan under paragraph (1), he or she shall prepare and publicly notify a topograph map pursuant to Article 8 of the Framework Act on the Regulation of Land Use. In such cases, a project operator shall submit documents necessary for a public notice, etc. of the topographic map to the authority designating industrial complexes or the Minister of Oceans and Fisheries. <Amended on Apr. 14, 2011; Jun. 1, 2012; Dec. 20, 2016> |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis to approval of an agricultural and industrial complex implementation plan provided for in Article 19. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 20 (Outsourcing of Industrial Complex Development Projects) |
| (1) | Any project operator designated under Article 16 may outsource construction of ports, industrial water supply facilities, roads, or other public facilities prescribed by Presidential Decree and reclamation of public waters in an industrial complex development project, to the State, a local government, public enterprise, or any other institution prescribed by Presidential Decree, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 20-2 (Development of Industrial Complexes under Trust) |
| (1) | Any project operator provided for in Article 16 (1) 3 or 4 may develop an industrial complex upon entering into a trust contract for development of the industrial complex with a real estate trust business operator established under the Financial Investment Services and Capital Markets Act, as prescribed by Presidential Decree. <Amended on Aug. 10, 2021> |
| (2) | Any real estate trust business operator who has entered into a trust contract pursuant to paragraph (1) shall comprehensively succeed to the rights and duties of the former project operator. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 21 (Constructive Authorization and Permission under Other Statutes or Regulations) |
| (1) | Where an authority designating industrial complexes or the Minister of Oceans and Fisheries (hereinafter referred to as "authority approving implementation plans") approves an implementation plan under Article 17, 17-2, 18, 18-2, or 19 or approves an amendment thereto, with regard to matters about which it has first consulted with the head of the relevant administrative agency with regard to the following permission, determination, authorization, license, consultation, consent, approval, cancellation, disposition, etc. (hereinafter referred to as "authorization, permission, etc.") or for which it has first obtained approval pursuant to paragraph (2), the relevant authorization, permission, etc. shall be deemed obtained, and where approval of an implementation plan is publicly notified pursuant to Article 19-2, authorization, permission, etc. under the following relevant statutes shall be deemed publicly notified or publicly announced: <Amended on Apr. 14, 2011; Jan. 14, 2014; Jun. 3, 2014; Jan. 27, 2016; Dec. 27, 2016; Jan. 17, 2017; Dec. 10, 2019; Jan. 29, 2020; Mar. 31, 2020; Jul. 20, 2021> |
| 21. | Authorization of or reporting on a work plan for electrical installations for private use under Article 8 of the Electrical Safety Act; |
| (2) | Where an authority approving implementation plans intends to approve an implementation plan which includes matters referred to in the subparagraphs of paragraph (1), pursuant to Article 17, 17-2, 18, 18-2, or 19 or to approve an amendment thereto, he or she shall first consult with or obtain approval thereof from the head of the relevant administrative agency. In such cases, the head of the relevant administrative agency shall submit his or her opinion within 15 days after receipt of a request for consultations from the authority approving implementation plans. |
| (3) | Where a project operator is deemed to have obtained authorization, permission, etc. under related statutes pursuant to paragraph (1), he or she shall be exempt from fees and usage fees imposed under the relevant statutes. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 21-2 Deleted. <Apr. 6, 2007> |
| Article 22 (Land Expropriation) |
| (1) | A project operator (excluding a project operator provided for in Article 16 (1) 6; hereafter the same shall apply in this Article) may expropriate or use land, buildings, fixtures on the land, rights thereto, other than ownership, a mining right, fishery right, or riparian rights (hereinafter referred to as "land, etc.") necessary for an industrial complex development project. <Amended on Aug. 27, 2019> |
| (2) | For the purposes of paragraph (1), when an industrial complex under Article 7-4 (1) is designated or publicly notified (referring to the time the designation of the industrial complex is publicly notified where a project operator and a detailed list of land, etc. to be used or expropriated are included in an industrial complex development plan pursuant to the proviso, with exception of the subparagraphs, of Article 6 (5), or Article 7 (6), 7-2 (6) or 8 (4) after such industrial complex has been designated), a project shall be deemed approved or approval for a project shall be deemed publicly notified under Article 20 (1) or 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Sep. 1, 2015; Dec. 20, 2016> |
| (3) | The Central Land Tribunal shall take charge of adjudication on land, etc. of national industrial complexes designated by the Minister of Land, Infrastructure and Transport and each local land tribunal shall take charge of adjudication on land, etc. of industrial complexes designated by a person other than the Minister of Land, Infrastructure and Transport, and an application for adjudication may be filed within the period stipulated in an industrial complex development plan, notwithstanding Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Dec. 20, 2016> |
| (4) | An application for adjudication made under paragraph (3) may be filed after land equivalent to at least 50/100 of the land in a development district is secured (referring to the acquisition of land ownership or obtaining landowners' consent to use): Provided, That this shall not apply to a project operator provided for in Article 16 (1) 1 and 2 and a person who jointly performs a development project with such project operator. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 23 (Special Cases concerning Application of the National Land Planning and Utilization Act) |
| 1. | A complex site under subparagraph 7-3 of Article 2 (limited to an urban high-tech industrial complex or a renovation project district); |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 24 (Land Substitution to Landowners) |
| (1) | A project operator may provide substitute land to the following persons, as prescribed by Presidential Decree, after completion of the relevant project: <Amended on Jan. 14, 2014> |
| 1. | A person who owns land in an industrial complex and intends to install a factory, knowledge industry-related facility, cultural industry-related facility, facility related to the information and communications technology industry, recycling industry-related facility, resource-stockpiling facility, logistics facility, or other facilities prescribed by Presidential Decree, which are appropriate for the details specified by an industrial complex development plan; |
| 2. | A person who owns land in an industrial complex and intends to install an education and research facility for developing high-tech science and technology industries; |
| 3. | A person who owns land in an industrial complex and intends to install a business facility, data processing facility, support facility, exhibition facility, or distribution facility for enhancing efficiency of an industrial complex; |
| 4. | A person who owns land in an industrial complex developed by a project operator under Article 16 (1) 6. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 25 (Access to Third Parties’ Land) |
| (1) | When it is necessary for an authority designating industrial complexes to designate an industrial complex or for a project operator to perform an industrial complex development project, it may have access to or temporarily use any third party’s land, or change or remove trees, earth and stones, and other obstacles. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 26 (Reversion of Public Facilities and Land) |
| (3) | Where an authority approving implementation plans intends to approve an implementation plan for an industrial complex development project that contains matters concerning reversion and transfer of public facilities under paragraphs (1) and (2), he or she shall first hear the opinion of the relevant administrative office. The same shall also apply where he or she intends to amend the implementation plan. |
| (4) | A project operator shall notify the administrative office of the kinds and a detailed list of public facilities to revert to the administrative office and property to revert or be transferred to a project operator pursuant to paragraph (1) or (2) before the completion of the relevant industrial complex development project, and the relevant public facilities and property shall be deemed reverted to the State or a local government or reverted or transferred to the project operator at the time the authorization of completion is notified to the administrative office upon completion of the project. |
| (7) | In registering public facilities and property provided for in paragraph (4), a written approval of an implementation plan for an industrial complex development project and a written authorization of the completion of an industrial complex development project, may be made in lieu of documents certifying grounds for registration as prescribed by the Registration of Real Estate Act. |
| (8) | The scope of public facilities provided for in paragraphs (1) through (7) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 27 (Restrictions on Disposal of State or Public Land) |
| (1) | No land owned by the State or a local government in an industrial complex and required for projects referred to in the items of subparagraph 9 of Article 2 shall be sold or transferred for any purpose other than that of the relevant industrial complex development project. |
| (2) | Property owned by the State or a local government in an industrial complex may be leased or transferred to a project operator (including an enterprise which has taken occupancy in the industrial complex) by private contract, notwithstanding the provisions of the State Property Act, the Public Property and Commodity Management Act, and other statutes or regulations. In such cases, the authority approving implementation plans shall first consult about the disuse (limited to administrative property; hereinafter the same shall apply) and transfer of such property with the head of the relevant administrative agency. |
| (3) | The head of the relevant administrative agency in receipt of a request to consult under the latter part of paragraph (2) shall disuse or transfer the relevant property, or take other necessary measures within 30 days after the receipt of the request. |
| (4) | Notwithstanding the provisions of other statutes or regulations, the Minister of Economy and Finance shall manage or dispose of property, the management agency of which is unknown, among property to be leased or transferred to a project operator under paragraph (2). |
| (5) | When any entity prescribed by Presidential Decree, such as a public enterprise, among project operators, purchases the State property in an industrial complex, he or she may pay the purchase price in installments, as prescribed by Presidential Decree, notwithstanding Article 50 (1) of the State Property Act. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 28 (Bearing of Expenses) |
| (1) | A project operator shall bear expenses incurred in performing an industrial complex development project: Provided, That the State or a local government may partially subsidize expenses incurred in performing an industrial complex development project, as prescribed by Presidential Decree. |
| (2) | Items of expenses that the State or a local government may subsidize pursuant to the proviso to paragraph (1) and the subsidization ratio shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 29 (Support for Infrastructure) |
| (1) | The State or a local government, and a person who supplies infrastructure, shall prioritize giving support for infrastructure prescribed by Presidential Decree, such as ports, roads, water supply facilities, railroads, communications, and electrical facilities, necessary for effectively creating an industrial complex. |
| (2) | An industrial complex eligible for prioritized support under paragraph (1) means any of the following industrial complexes: <Newly Inserted on Dec. 29, 2015> |
| 1. | An industrial complex with the area of at least 300 thousand square meters, which is being developed in an area recognized by the Minister of Land, Infrastructure and Transport as requiring promotion of industries for the development of an underdevelopment area and balanced national development; |
| 2. | An industrial complex recognized by the Deliberation Committee as requiring support in accordance with industrial location policies. |
| (3) | The scope of infrastructure eligible for support under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2015> |
| (4) | Basic matters, such as the scale of support, method for providing support, under paragraph (1) shall be determined by the Minister of Land, Infrastructure and Transport after deliberation by the Deliberation Committee. <Amended on Mar. 23, 2013; Dec. 29, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
[Title Amended on Dec. 20, 2016]
| Article 29-2 (Feasibility Assessment of Support for Infrastructure) |
| (1) | Where the Minister of Land, Infrastructure and Transport provides support for infrastructure pursuant to Article 29, he or she shall pre-assess the feasibility of the project: Provided, That the same shall not apply to projects subject to preliminary feasibility surveys under Article 38 of the National Finance Act. |
| (2) | The Minister of Land, Infrastructure and Transport may designate an institution or organization prescribed by Presidential Decree as a specialized institution to perform the feasibility assessment pursuant to paragraph (1). |
| (3) | Methods and standards for feasibility assessment under paragraph (1), and matters necessary for the designation, operation, etc. of a specialized institution under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 20, 2016]
[Previous Article 29-2 moved to Article 29-3 <Dec. 20, 2016>]
| Article 29-3 (Subsidization of Maintenance Costs of Infrastructure of National Industrial Complexes) |
| (1) | Where deemed necessary for the safety of infrastructure stipulated in a national complex implementation plan or infrastructure of a national industrial complex established pursuant to Article 29, the State may partially subsidize costs incurred in the maintenance, repair or improvement of the relevant infrastructure. |
| (2) | The objects and scope of infrastructure eligible for subsidization by the State under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 29, 2015]
[Moved from Article 29-2 <Dec. 20, 2016>]
| Article 30 (Retention of Existing Factories) |
| (1) | If a project operator deems that an industrial complex development project would not be impeded even if the existing factories, buildings, or other structures in an industrial complex are not relocated or removed, he or she may allow them to remain in the industrial complex. |
| (2) | Where the owner of an existing factory on a separate site adjoining an industrial complex wishes the factory to be included in the industrial complex, a project operator may develop the industrial complex development project after including the relevant factory therein and a determination as to whether an existing factory adjoins the industrial complex shall be prescribed by Presidential Decree. In such cases, standards for green spaces, the percentage of roads, etc. that apply to the industrial complex according to industrial location development guidelines need not apply to the existing factory area on the separate site. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 31 (Application Mutatis Mutandis to Projects in Areas Other Than Industrial Complexes) |
Where any project directly related to an industrial complex development project (limited to a project prescribed by Presidential Decree, such as road project and water supply project) is executed in an area neighboring an industrial complex, Articles 12, 17, 17-2, 18, 18-2, 19, 19-2, 20, 20-2, 21 through 29, 29-2, 32 through 38, 47, 48, 48-3, and 49 through 52 shall apply mutatis mutandis to such project. In such cases, "industrial complex" shall be construed as "area for which the approval of the implementation plan of a project in an area other than an industrial complex is publicly notified", "designation and public notice of an industrial complex" as "public notice of approval of the implementation plan of a project in an area other than an industrial complex", and "development plan" as "implementation plan for a project in an area other than an industrial complex". [This Article Wholly Amended on Dec. 20, 2016]
| Article 32 (Advance Payments) |
A project operator may receive advance payment in full or part from a person who intends to purchase a site or to use facilities developed by him or her, as prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 33 (Responsibility for Facilities) |
| (1) | An authority approving implementation plans may allow a project operator to construct roads, parks, green spaces, and other facilities prescribed by Presidential Decree, or to preserve green spaces. |
| (2) | In order to cover expenses for facilities, etc. installed pursuant to paragraph (1) (excluding facilities prescribed by Presidential Decree), a project operator may have owners of remaining facilities under Article 30 pay facility charges within the extent of such expenses. <Amended on Jun. 1, 2012; Dec. 20, 2016> |
| (3) | Facility charges under paragraph (2) shall be calculated by multiplying the unit facility charges [which shall be calculated by multiplying construction expenses per unit used to build infrastructure (referring to those publicly announced by the Minister of Land, Infrastructure and Transport in accordance with Article 68 (3) of the National Land Planning and Utilization Act) by the ratio borne by a private developer (to which Article 68 (5) of the National Land Planning and Utilization Act shall be applied mutatis mutandis), the weighting factor for each use, etc.] by the area of the remaining site. In such cases, detailed methods of calculating the unit facilities charges, such as the weighting factor for each use, shall be prescribed by Presidential Decree. <Amended on Jun. 12, 2018> |
| (4) | The owners of remaining facilities prescribed by Presidential Decree shall be exempted from facility charges under paragraph (2). <Newly Inserted on Dec. 20, 2016; Jun. 12, 2018> |
| (5) | Methods of collecting facility charges under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 20, 2016; Jun. 12, 2018> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 34 (Filing Objections) |
| (1) | Where a person on whom facility charges are imposed pursuant to Article 33 has an objection against such imposition, he or she may file an objection with a project operator, along with reasons for filing the objection and evidentiary materials within 60 days from the date the facility charges are imposed on him or her. |
| (2) | Upon receipt of an objection filed under paragraph (1), a project operator shall inform the appellant of the results thereof in writing within 15 days from the receipt of the objection. |
[This Article Newly Inserted on Jun. 1, 2012]
| Article 35 (Imposition, Collection, and Payment of Facility Charges) |
| (1) | The deadline for payment of facility charges under Article 33 shall be one month from the date of imposition. In such cases, a project operator may allow a person on whom a facility charge is imposed to pay the facility charge in installments. |
| (2) | If a person obligated to pay a facility charge fails to pay the facility charge within the deadline for payment, a project operator shall issue a reminder within 10 days after the deadline passes. In such cases, the new deadline for payment shall be 10 days from the date a reminder is issued. |
| (3) | If a person obligated to pay a facility charge fails to pay the facility charge within the deadline for payment, a project operator may impose an additional charge equivalent to 3/100 of the facility charge. |
| (4) | If a person obligated to pay a facility charge fails to pay the facility charge and additional charge within the designated deadline for payment even after having been issued a reminder, a project operator, who is an administrative agency, may collect them in the same manner as dispositions on default national or local taxes. |
| (5) | A project operator, who is not an administrative agency, may entrust the head of a Si/Gun/Gu with the collection of facility charges and additional charges under paragraph (4), as prescribed by Presidential Decree. In such cases, the project operator, who is not an administrative agency, shall pay part of the collected amount to the head of a Si/Gun/Gu as a collection cost, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
[This Article Newly Inserted on Jan. 14, 2014]
| Article 36 (Relocation Measures for Residents) |
| (2) | Enterprises that take occupancy in an industrial complex shall prioritize employing migrants and residents of the neighboring area, except in extenuating circumstances. |
| (3) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or a project operator may formulate and implement measures of training for occupational change, support for income-generating projects, other support measures, etc. necessary for the relocation of residents, as prescribed by Presidential Decree. <Newly Inserted on Jan. 14, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 37 (Authorization for Completion of Development Projects) |
| (1) | When a project operator has completed an industrial complex development project, he or she shall obtain, without delay, authorization to complete the project from an authority approving implementation plans, as prescribed by Presidential Decree. |
| (2) | Upon receipt of an application for authorization to complete a project pursuant to paragraph (1), an authority approving implementation plans shall conduct a completion inspection without delay. In such cases, the authority approving implementation plans may request institutions prescribed by Presidential decree, such as a public enterprise, to inspect completion, if necessary for an efficient inspection. |
| (3) | The head of a State agency or local government that is to take charge of, or manage public facilities included in an application for authorization to complete a project may request the authority approving implementation plans of the relevant industrial complex to participate in the completion inspection. In such cases, the authority approving implementation plans shall comply with such request, except in extenuating circumstances. |
| (4) | When an authority approving implementation plans discovers that a project has been completed in compliance with the relevant implementation plan as a result of the completion inspection conducted under paragraph (2), he or she shall authorize the completion of the project and publicly announce the authorization for completion, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and notify the relevant project operator of such authorization, and if the project has not been completed in compliance with the relevant implementation plan, he or she shall order, without delay, the project operator to take necessary measures, such as rectification works. <Amended on Mar. 23, 2013> |
| (5) | When an authority approving implementation plans has authorized the completion under paragraph (1), he or she shall publicly announce such authorization and notify the relevant project operator of such authorization, as prescribed by Presidential Decree. |
| (6) | When a project operator has obtained authorization for completion under paragraph (1), a completion inspection shall be deemed undertaken, or authorization for the completion of the relevant project shall be deemed obtained on the basis of authorization, permission, etc. deemed granted with approval of an implementation plan pursuant to Articles 21 and 23. |
| (7) | No person shall use a site developed, or facilities installed in the course of an industrial complex development project before authorization for completion under paragraph (1) is granted: Provided, That this shall not apply where a project operator (excluding a person who intends to install and take occupancy in a facility in compliance with an industrial complex development plan among those referred to in Article 16 (1) 3) deems that it does not hinder the industrial complex development project. |
| (8) | Where a person designated as a project operator eligible as a person who intends to install and take occupancy in a facility in compliance with the relevant industrial complex development plan among those referred to in Article 16 (1) 3 must use such facility before authorization for completion is granted, he or she shall obtain prior approval from the authority approving implementation plans. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38 (Disposal of Developed Land and Facilities) |
| (1) | Where a project operator intends to sell, lease, or transfer (hereafter referred to as "disposal" in this Article) land, facilities, etc. in an area for which a master plan for industrial complex management has been formulated among land, facilities, etc. he or she has developed, he or she shall formulate a disposal plan and consult with the managing agency (hereafter referred to as "managing agency" in this Article) under Article 30 of the Industrial Cluster Development and Factory Establishment Act, and the managing agency shall notify him or her of its opinion within 20 days from the receipt of a request to consult. |
| (2) | A project operator may dispose of land, facilities, etc. in an area other than the management area according to the master plan for industrial complex management under paragraph (1), among the developed land, facilities, etc., as prescribed by Presidential Decree. |
| (3) | Where a project operator deems it necessary for efficiently performing disposal affairs and the Korea Industrial Complex Management Corporation under Article 31 of the Industrial Cluster Development and Factory Establishment Act has been established, he or she may enter into a contract with the Korea Industrial Complex Management Corporation and entrust the affairs concerning sale or lease of the developed land, facilities, etc. |
| (4) | Before formulating a disposal plan under paragraph (1), a project operator may request the managing agency to amend the master plan for industrial complex management to ensure that the scope of buildings by each district, as permitted in the master plan for industrial complex management, coincides with the development plan under Articles 6, 7, and 7-2. |
| (5) | Where a building project is included in an industrial complex development project, the project operator shall use earnings from sale accrued from the building project to reduce the prices of industrial facility sites, such as installation of infrastructure, as prescribed by Presidential Decree. |
| (6) | Where a project operator entitled to perform a building project among industrial complex development projects, constructs a knowledge industry center defined in subparagraph 13 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, he or she shall rent out part of the knowledge industry center at the rate prescribed by Presidential Decree, within the limit of 50/100: Provided, That the same shall not apply to cases of constructing knowledge industry centers by December 31, 2018. <Amended on Apr. 18, 2017> |
| (7) | The details of a disposal plan, methods of disposal, procedures for disposal, price standards under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. In such cases, where a project operator who is the State or a local government leases land, facilities, etc., the related provisions of the State Property Act and the Public Property and Commodity Management Act shall not apply to the terms of lease, methods of lease, procedures for lease, criteria for the calculation of rent, etc. |
| (8) | Where a project operator falling under paragraph (1) sells a site for a factory to a person who intends to purchase such site to lease it to a small and medium enterprise, price standards for such site, methods of payment, etc. may be separately prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (9) | Among project operators provided for in Article 16 (1) 3, a person who intends to install and take occupancy in facilities in compliance with the relevant industrial complex development plan shall not dispose of land, facilities, etc. he or she has directly developed and uses, before filing a report on completion of establishing a factory, etc. under Article 15 (1) of the Industrial Cluster Development and Factory Establishment Act or before filing a report on commencement of a project under paragraph (2) of the same Article; and may dispose of such land, facilities, etc. when five years have passed after filing the report on completion of establishing a factory, etc. or after filing the report on commencement of a project: Provided, That in any of the following cases, a project operator may directly dispose of them with an approval from the authority designating industrial complexes: <Newly Inserted on Jun. 1, 2012; Sep. 1, 2015; Jun. 12, 2018> |
| 1. | Where the ownership is transferred by inheritance, or a split-off or merger of a corporation; |
| 2. | Where the ownership is transferred due to an investment in kind in a corporation, and thereby, the original project operator becomes to hold at least 50/100 of the total amount of investment or total number of stocks issued by investment in kind in the corporation; |
| 4. | Other cases prescribed by Presidential Decree. |
| (10) | Notwithstanding the main clause of paragraph (9), if a project operator intends to dispose of land, facilities, etc. within five years before or after filing a report on completion of establishing a factory, etc. and before or after filing a report on commencement of a project, he or she shall transfer such land, facilities, etc. to a management agency: Provided, That where the management agency is unable to purchase such land, facilities, etc., he or she may directly dispose of such land, facilities, etc. with approval from the authority designating industrial complexes. <Newly Inserted on Jun. 1, 2012; Sep. 1, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38-2 (Supply and Development of Land Retaining Original Features) |
| (1) | Notwithstanding Article 38, a project operator may supply land retaining original features (referring to land in the undeveloped state) to a person selected through a public design contest (including the person selected as the contest winner pursuant to Article 6 (6)), as prescribed by Presidential Decree, where it is necessary to accept creative development proposals or where the complex development is necessary to accommodate various purposes of use through designs submitted in the contest, etc. In such cases, the area of land to be supplied retaining original features shall be limited to 1/3 of the total area of the relevant industrial complex. |
| (3) | A person who is supplied with land retaining original features and develops it pursuant to paragraph (1) (hereinafter referred to as "developer of land retaining original features") shall not sell the relevant land retaining original features within a period prescribed by Presidential Decree not exceeding 10 years: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as housing for relocation, public facilities, and cultural facilities, the approval of which is obtained beforehand from the designating authority. |
| (4) | Matters necessary for the criteria for the selection of a developer of land retaining original features, procedures, standards and price for supply of land retaining original features, and scope of the duties of a project operator and a developer of land retaining original features, contracting methods, etc shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Sep. 1, 2015]
[Previous Article 38-2 moved to Article 38-3 <Sep. 1, 2015>]
| Article 38-3 (Compliance with Master Plans for Industrial Complex Management) |
Where a project operator falling under Article 16 intends to dispose of land, facilities, etc. in a management area according to the master plan for industrial complex management, among the land, facilities, etc. he or she has developed, he or she shall comply with the master plan for industrial complex management. [This Article Wholly Amended on Aug. 4, 2011]
[Moved from Article 38-2 <Sep. 1, 2015>]
| Article 38-4 (Designation of Industrial Complexes for Foreigners) |
| (1) | Where it becomes necessary to promote domestic investment by foreigners or the Minister of Trade, Industry and Energy makes a request, an authority designating industrial complexes may designate the whole or part of an industrial complex as an industrial complex for foreigners. In such cases, the industrial complex for foreigners may be designated as a foreign investment area pursuant to Article 18 of the Foreign Investment Promotion Act. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| (2) | The State, local governments, public enterprises, etc. may fully or partially purchase an industrial complex for foreigners designated and developed pursuant to paragraph (1) and sell or lease it to foreigners. In such cases, Article 13 of the Foreign Investment Promotion Act shall apply mutatis mutandis. <Amended on Jan. 14, 2014> |
| (3) | Where a foreign end-user enterprise that has actual demand for an industrial complex requests the development of an industrial complex for a specific industry, the authority designating industrial complexes may preferentially designate and develop the industrial complex. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38-5 (Industrial Complexes for Exclusive Use by Enterprises Relocating to Provinces) |
| (1) | A Mayor/Do Governor may designate and develop an industrial complex for exclusive use by enterprises relocating to a province (hereinafter referred to as "complex for exclusive use by relocating enterprises") where it is necessary to promote the relocation of enterprises located in the Seoul Metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (excluding a border area falling under subparagraph 1 of Article 2 of the Special Act on Support for Border Area) to a province or an enterprise that intends to relocate to a province so requests. |
| (2) | Matters necessary for standards for designation and methods for supplying complexes for exclusive use by relocating enterprises shall be prescribed by Presidential Decree. |
| (3) | Articles 7, 7-2 through 7-4, 8, 8-3, 9 through 13, 13-2, 13-3, 13-4, 16, 18, 18-2, 19, 19-2, 20, 20-2, 21 through 34, 36 through 38, 45, 46, 46-2 through 46-7, and 47 through 52 shall apply mutatis mutandis to the designation and development of complexes for exclusive use by relocating enterprises. <Amended on Jun. 1, 2012; Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38-6 (Special Cases concerning Complexes for Exclusive Use by Relocating Enterprises) |
| (1) | Where a Mayor/Do Governor consults with the head of the relevant administrative agency on the conversion of farmland or mountainous areas, strategic environmental impact assessment, etc. to designate a complex for exclusive use by relocating enterprises, the head of the relevant administrative agency shall prioritize cooperating with him or her so that relocating enterprises can relocate effectively. <Amended on Jul. 21, 2011> |
| (2) | Where it is necessary to mediate different opinions in the course of consultations with the head of the relevant administrative agency under paragraph (1), a Mayor/Do Governor may request the Deliberation Committee to mediate such opinions, and the Mayor/Do Governor and the head of the relevant administrative agency shall comply with the outcomes of mediation by the Deliberation Committee. <Amended on Jun. 1, 2012> |
| (3) | The State or local governments shall prioritize subsidizing expenses under Article 28 and supporting facilities under Article 29 for the swift creation and fostering of complexes for exclusive use by relocating enterprises. |
| (4) | Where a Mayor/Do Governor designates a complex for exclusive use by relocating enterprises, he or she may designate such complex by preferentially utilizing State or public land, and the managing agency of such State or public land shall fully cooperate therewith when requested to consult. |
| (5) | Where a relocating enterprise desires a permanent lease of a site for industrial facilities, the State shall support the enterprise by preferentially designating it as an industrial complex for lease only. |
| (6) | The State or local governments may reduce or exempt the sale price, rent, etc. of land, building, etc. to any person who intends to relocate to a complex for exclusive use by relocating enterprises. |
| (7) | Where a private enterprise, etc. requests the designation of a complex for exclusive use by relocating enterprises pursuant to Article 11, it may request such designation when applying for approval of an implementation plan. |
| (8) | Matters concerning the requirements and criteria for designation of an industrial complex provided for in Article 5 shall not apply, and restrictions on the designation of an industrial complex provided for in Article 8-2 need not apply to complexes for exclusive use by relocating enterprises, to be developed. |
| (9) | Notwithstanding the provisions of Articles 7 (1) and 7-2 (1), a Mayor/Do Governor shall designate a complex for exclusive use by relocating enterprises, to be developed. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38-7 Deleted. <Jun. 1, 2012> |
| Article 39 (Application Mutatis Mutandis to Special Area Development Projects) |
| (1) | Articles 6, 7-4, 10, 12, 13, 13-4, 16 (3), 17, 17-2, 19-2, 20, 20-2, 21 through 34, 36 through 38, 39-2 through 39-11, 39-14 through 39-17, 39-19 through 39-21, 46-2 through 46-4, 47, and 50 shall apply mutatis mutandis to land development projects and infrastructure construction projects (hereinafter referred to as "special area development projects") that require systematic development according to a comprehensive plan to rationally position industries and the population or to achieve other specific national economic and social objectives: Provided, That, notwithstanding the provisions of Article 6 (8), the area of a site for industrial facilities shall constitute at least 25/100 of the area of an industrial complex supplied at a cost. <Amended on Jun. 1, 2012; Aug. 11, 2015; Sep. 1, 2015; Dec. 20, 2016> |
| (2) | The Minister of Land, Infrastructure and Transport shall execute special area development projects: Provided, That the Minister of Land, Infrastructure and Transport may appoint a public enterprise or local public enterprise under the Local Public Enterprises Act as a project operator of a special area development project (hereinafter referred to as "special project operator") if deemed particularly necessary to execute special area development projects efficiently. <Amended on Mar. 23, 2013; May 18, 2015> |
| (3) | With regard to an area designated as an industrial complex by an industrial complex development plan by mutatis mutandis applying Article 6, among areas in which a special area development project is executed (hereinafter referred to as "special area") pursuant to paragraph (1), a national industrial complex under Article 6 shall be deemed designated or changed when a special area development project is designated or amended by mutatis mutandis applying Article 6, and a special project operator shall be deemed designated under paragraph (2), and an implementation plan for a national industrial complex development shall be deemed approved or amended under Article 17 or 17-2 when an implementation plan for a special area development project is approved or amended by mutatis mutandis applying Articles 17 and 17-2. <Amended on May 18, 2015> |
| (4) | Any person provided for in Article 16 (1) may engage in development activities in a completed special area. |
| (5) | Notwithstanding paragraph (1), a special project operator may supply land to a person selected through a public design contest, etc. where it is necessary to accept creative development proposals or where the complex development is necessary to accommodate various purposes of use through designs submitted in the contest (hereinafter referred to as "contest winner"). In such cases, the special project operator may supply land retaining original features (referring to land in an undeveloped state) to the contest winner and authorize him or her to develop it. <Newly Inserted on May 18, 2015> |
| (6) | Articles 26 (2) and 25-2 of the Urban Development Act shall apply mutatis mutandis to the supply and development of land retaining original features under paragraph (5). In such cases, "implementer" in Article 25-2 of the same Act shall be deemed as "special project operator", respectively, and "urban development zone" in paragraph (1) of the same Article shall be deemed as "special area" and "the State or local governments" in paragraph (1) 4 of the same Article as "special project operator". <Newly Inserted on May 18, 2015> |
| (7) | Article 24 of the Act on Special Measures for the Deregulation of Corporate Activities shall apply mutatis mutandis to electricity supply to special areas and expenses for the installation of facilities for such supply. In such cases, "industrial complex" shall be deemed as "special area", "industrial complex development project' as "special area development project", "implementation plan for industrial complex development" as "implementation plan for special area development", and "project operator of an industrial complex development project, enterprises taking occupancy in an industrial complex, local governments, etc." as "special project operator", respectively. <Amended on May 18, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER V RENOVATION OF INDUSTRIAL COMPLEXES
| Article 39-2 (Designation of Renovation Project Districts) |
| (1) | Where it is necessary to renovate an industrial complex or industrial area due to changes in an industrial structure, deterioration of industrial facilities, urban sprawl, etc., a Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "authority designating renovation project districts") may designate the relevant industrial complex or industrial area as a renovation project district. In such cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may preferentially designate an industrial complex or area for which at least 20 years have passed since its completion (including partial completion; referring to designation in cases of an industrial area; hereinafter the same shall apply) as a renovation project district. <Amended on Aug. 11, 2015> |
| (2) | An authority designating renovation project districts may designate a renovation project district, including an area neighboring an industrial complex or industrial area, or designate two or more areas which are not adjacent to each other as one renovation project district, if necessary for performing a renovation project effectively: Provided, That the size of an area neighboring an industrial complex or industrial area included in a renovation project district shall not exceed 50/100 of the area of the relevant industrial complex or industrial area. <Amended on Jan. 14, 2014; Aug. 11, 2015> |
| (3) | Where a renovation project district extends over at least two Cities/Dos or Sis/Guns/Gus, procedures for designation of the renovation project district shall be prescribed by Presidential Decree. |
| (4) | A renovation project may be executed in some parts of an industrial complex or industrial area, as prescribed by Presidential Decree. |
| (5) | Where an authority designating renovation project districts intends to designate a renovation project district pursuant to paragraph (1) or (2), he or she shall formulate an industrial complex renovation plan (hereinafter referred to as "renovation plan") and hear opinions of the head of a Si/Gun/Gu (only applicable to a Mayor/Do Governor, excluding the Special Self-Governing Province Governor) having jurisdiction over the relevant area and the managing authority of the industrial complex included in the relevant renovation project district, and consult with the heads of the relevant administrative agencies, including the Minister of Land, Infrastructure and Transport. The same shall also apply where he or she intends to amend any important matter prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Aug. 11, 2015> |
| (6) | Each renovation plan shall include the following: Provided, That the matters prescribed in subparagraphs 3, 6-2, 7, and 9 through 14 may be included in a renovation implementation plan prescribed in Article 39-7 for the efficient promotion of a renovation project: <Amended on Aug. 11, 2015> |
| 1. | The name, location, and area of the renovation project district; |
| 2. | Basic direction-setting for and objectives of the renovation project; |
| 3. | The operator of the renovation project; |
| 4. | The execution method of the renovation project (including matters concerning areas to be retained); |
| 5. | Basic and status investigations into the renovation project district; |
| 6. | Plans to reposition industries and to advance category of business and surveys of demand therefor; |
| 6-2. | Type of an industrial complex intended to be construed as being designated as a renovation project district; |
| 8. | Opinions of enterprises, land owners, and related interested parties in the renovation project district; |
| 9. | A plan for bearing infrastructural costs; |
| 10. | A plan for projects for private investment in infrastructure (only where necessary); |
| 11. | Matters concerning the implementation of the project by phase; |
| 12. | A detailed list of land, buildings, or other things or rights, if any, to be expropriated or used; |
| 14. | Other matters prescribed by Presidential Decree. |
| (7) | Where any of the following industrial complexes is intended to be designated as a renovation project district under paragraphs (1) and (2), the following provisions shall apply. The same shall also apply where he or she intends to amend any important matter prescribed by Presidential Decree: <Amended on Aug. 11, 2015> |
| 1. | A national industrial complex or an urban high-tech industrial complex designated by the Minister of Land, Infrastructure and Transport: |
| (a) | Where a Mayor/Do Governor intends to make a designation, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport; |
| (b) | Where the head of a Si/Gun/Gu intends to make a designation, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport following consultation with the competent Mayor/Do Governor; |
| 2. | Where the head of a Si/Gun/Gu intends to designate a general industrial complex or an urban high-tech industrial complex designated by a Mayor/Do Governor as a renovation project district, he or she shall obtain approval from the Mayor/Do Governor. |
| (8) | If the Minister of Land, Infrastructure and Transport intends to approve the designation of a renovation project district pursuant to paragraph (7) 1, he or she shall submit it for deliberation by the Deliberation Committee. <Amended on Mar. 23, 2013; Aug. 11, 2015> |
| (9) | An authority designating renovation project districts shall inform the Minister of Land, Infrastructure and Transport of the designation of a renovation project district and any amendment thereto (excluding where he or she has obtained approval from the Minister of Land, Infrastructure and Transport pursuant to paragraph (7) 1). In such cases, the head of a Si/Gun/Gu shall also inform the Mayor/Do Governor of the details of designation and any amendment thereto (excluding where he or she has obtained approval from the Mayor/Do Governor pursuant to paragraph (7) 2). <Amended on Mar. 23, 2013; Aug. 11, 2015> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 39-3 (Public Notice of Designation of Renovation Project Districts) |
| (1) | Where an authority designating renovation project districts designates a renovation project district pursuant to Article 39-2 (1) and (2), he or she shall provide a public notice of matters prescribed by Presidential Decree in an public gazette, and where a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) designates and publicly notify a renovation project district, he or she shall forward copies of related documents to the head of a Si/Gun/Gu having jurisdiction over the renovation project district. <Amended on Aug. 11, 2015> |
| (2) | Where land, buildings, other things, or rights, if any, to be expropriated or used necessary for a renovation project exist in an area designated as a renovation project district, a detailed list of such land, etc. shall be included in a public notice made under paragraph (1): Provided, That where a detailed list of land, etc. to be expropriated or used, are included in a renovation implementation plan referred to in Article 39-7 after a renovation project district is designated pursuant to the proviso, with the exception of the subparagraphs, of Article 39-2 (6), a detailed list of such land, etc. shall be publicly notified pursuant to Article 39-7 (5). <Amended on Aug. 11, 2015> |
| (3) | When a renovation project district is designated and publicly notified pursuant to paragraph (1) (referring to the time a renovation implementation plan is publicly notified where a project operator and a detailed list, etc. of land, etc. to be expropriated or used are included in the renovation implementation plan after a renovation project district is designated pursuant to the proviso to Article 39-2 (6)), a project shall be deemed approved or approval for a project shall be deemed publicly notified under Article 20 (1) or Article 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects. <Amended on Aug. 11, 2015> |
| (4) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu who has publicly notified the designation of a renovation project district or has received copies of related documents pursuant to paragraph (1) shall make them available for public perusal. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 39-4 (Gathering Consensus from Factory Owners) |
| (1) | Where an authority designating renovation project districts intends to designate a renovation project district or to amend any important matter pursuant to Article 39-2, he or she shall gather consensus from interested parties, such as residents and factory owners, in the relevant renovation project district and related experts, etc., and he or she shall reflect such consensus, if deemed meritorious. |
| (2) | Matters necessary for gathering consensus under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-5 (Requests for Designation of Renovation Project Districts) |
| (1) | A person entitled to request designation of an industrial complex pursuant to Article 11 (1) may file a request with an authority designating renovation project districts to designate a renovation project district along with a renovation plan. |
| (2) | Where a person requests a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) to designate a renovation project district pursuant to paragraph (1), he or she shall concurrently submit documents related to a request for designation to the head of a Si/Gun/Gu having jurisdiction over the relevant district so that the head of such Si/Gun/Gu may first examine documents. |
| (3) | Where a renovation project district is designated pursuant to paragraph (1), a person who has requested such designation may be designated as the operator of the renovation project pursuant to Articles 16 and 39-10. |
| (4) | Where the designation of a renovation project district is requested pursuant to paragraph (1), the size of the relevant renovation project district and other matters necessary for requesting designation of a renovation project district shall be prescribed by Presidential Decree. |
| (5) | The head of a central administrative agency may request an authority designating renovation project districts to designate a renovation project district. In such cases, the head of a central administrative agency shall append the documents stating the matters referred to in Article 39-2 (6) 1, 2 and 4 through 6. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-6 (Methods for Executing Renovation Projects) |
A renovation project may be executed by any of the following methods or, where necessary, by mixing any of the following methods:
| 1. | Execution by renewal: A method in which an authority designating renovation project districts establishes a renovation plan, such as the alteration of a land use plan, and a renovation implementation plan linking them with the maintenance of the infrastructure of the renovation project district, and landowners, occupant enterprises, etc. perform the maintenance; |
| 2. | Execution by expropriation: A method in which a project operator expropriates or uses all or part of land, etc. within a renovation project district and executes the project; |
| 3. | Execution by replotting: A method in which a project operator executes a project by replotting land for landowners, etc. within the renovation project district. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-7 (Approval of Renovation Implementation Plans) |
| (1) | A person who intends to execute a renovation project shall formulate a renovation implementation plan for the renovation project district as in whole or in part and obtain approval thereof from the authority designating renovation project districts, as prescribed by Presidential Decree. The same shall also apply where he or she intends to amend any approved matter (excluding insignificant matters prescribed by Presidential Decree). |
| (2) | In order to promote the creative and efficient promotion of a renovation project, an authority designating renovation project districts may invite the public to propose a renovation implementation project as prescribed by Presidential Decree and reflect the selected proposal in the renovation implementation plan. In such cases, if the applicant whose proposal for the renovation implementation plan is selected meets the qualification requirements prescribed in Article 16 (1), he or she may be designated as a project operator on the preferential basis. |
| (3) | An owner of land within a renovation project district may propose the competent authority designating renovation project districts to formulate a renovation implementation plan pursuant to paragraph (1) for the relevant land owned by him or her and surrounding area (limited to an area within the renovation project district). In such cases, matters necessary for the consent of landowners of surrounding area in proposing the formulation of a renovation implementation plan, processing of the proposal, etc. shall be prescribed by Presidential Decree. |
| (4) | Where an authority designating renovation project districts intends to approve a renovation implementation plan pursuant to paragraph (1), he or she shall hear opinions of the managing authority of the industrial complex included in the relevant renovation project district and consult with the heads of the relevant administrative agencies, including the Minister of Land, Infrastructure and Transport. |
| (5) | When an authority designating renovation project districts approves a renovation implementation plan pursuant to paragraph (1), he or she shall provide a public notice of matters prescribed by Presidential Decree in an official report, and when a Mayor/Do Governor (excluding the Special Self-Governing Province Governor) approves a renovation implementation plan, he or she shall forward copies of related documents to the head of the competent Si/Gun/Gu. |
| (6) | If matters determined in an urban or Gun management plan are included in a renovation implementation plan when the Special Self-Governing Province Governor or the head of a Si/Gun/Gu gives a public notice of approval of the renovation implementation plan or receives copies of related documents pursuant to paragraph (5), he or she shall take necessary procedures, such as filing an application for approval of topographic maps pursuant to Article 32 of the National Land Planning and Utilization Act. In such cases, a project operator shall submit documents necessary for the public notice, etc. of topographic maps to the Special Self-Governing Province Governor or the head of the Si/Gun/Gu. |
| (7) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu who has provided a public notice of approval of a renovation implementation plan or has received copies of related documents pursuant to paragraph (5) shall make them available for public perusal. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-8 (Consent from Landowners) |
| (1) | Where a project operator intends to execute a renovation project by the methods of expropriation, use or replotting pursuant to subparagraph 2 or 3 of Article 39-6, the authority designating renovation project districts shall approve and provide a public notice of the renovation implementation plan after obtaining consent from owners of the land equivalent to at least half of the area prearranged as a renovation project district and from at least half each of the total number of landowners (including persons with superficies, and, if one piece of land is jointly-owned by several persons, such persons are deemed one person; hereinafter the same shall apply) and the total number of building owners (in cases of a condominium building, each person holding shared ownership is deemed one owner; hereinafter the same shall apply). |
| (2) | Methods for computing the number of consenters under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-9 (Development Projects Executed by Rolling Development Method) |
| (1) | Where necessary to facilitate executing a renovation project, a project operator may include measures for supporting occupant enterprises referred to in Article 39-14 (1) in the renovation implementation plan and provide temporary operation facilities in an adjacent area for occupant enterprises. |
| (2) | Where a person who has been provided with a temporary operation facility pursuant to paragraph (1) intends to use the relevant temporary operation facility continuously even after the completion of the renovation project, he or she may purchase it or rent it continuously; and in such cases, if the user of the temporary operation facility is a person subject to replotting or relocation measures, he or she shall be excluded from the persons subject to replotting or relocation measures or shall be deemed to have been established relocation measures, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-10 (Application Mutatis Mutandis to Renovation Projects) |
| (1) | Articles 5, 12 (to be applied mutatis mutandis only to the areas that an authority designating renovation project districts deems necessary to facilitate executing a renovation project), 13, 16, 16-2, 20, 20-2, 21, 22 (excluding paragraph (2)), 23 through 34, 36 through 38, 45, 46, and 46-2 shall apply mutatis mutandis to renovation projects. In such cases, "industrial complex" shall be deemed as "renovation project district", "industrial complex development plan" as "renovation plan", "authority designating industrial complexes" and "authority approving implementation plans" as an authority designating renovation project districts, respectively, "industrial complex development implementation plan" as "renovation implementation plan", and "Article 6, 7, 7-2 through 7-4, or 8" in Article 23 (1) as "Article 39-2 or 39-3", respectively. <Amended on Jun. 1, 2012; Aug. 11, 2015> |
| (2) | In applying mutatis mutandis Article 16 pursuant to paragraph (1), "landowners in an industrial complex" in Article 16 (1) 6 shall be deemed to include building owners and persons with superficies thereon. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 39-11 (Constructive Designation of Industrial Complexes following Designation of Renovation Project Districts) |
| (1) | When a renovation project district is designated and publicly notified under Article 39-2 or 39-3, an industrial complex shall be deemed designated and publicly notified under Articles 6, 7, 7-2 through 7-4, and 8: Provided, That where an industrial area or surrounding area is included in a renovation projects district, the industrial complex shall be deemed designated and publicly notified under Article 39-7 as at the time a renovation implementation plan is approved and publicly notified. <Amended on Aug. 11, 2015> |
| (2) | When a renovation implementation plan is approved and publicly notified under Article 39-7, an industrial complex development implementation plan shall be deemed approved and publicly notified under Articles 17, 17-2, 18, 18-2, 19, and 19-2. <Amended on Aug. 11, 2015> |
[This Article Newly Inserted on Dec. 29, 2009]
| Article 39-12 (Designation of Renovation Project Vitalization Zones) |
| (1) | For the purpose of efficient promotion of a renovation project and facilitation of complex use of land, an authority designating renovation project districts may designate a renovation project vitalization zone (hereinafter referred to as "vitalization zone"). In such cases, the area of a vitalization zone shall not exceed 30/100 of the whole area of the relevant renovation project district. |
| (2) | An authority designating renovation project districts who intends to designate a vitalization zone pursuant to paragraph (1) shall formulate a plan for vitalization of a renovation project (hereinafter referred to as "vitalization plan"), hear the opinions of the head of the competent Si/Gun/Gu, consult with the heads of relevant administrative agencies, and thereafter obtain approval from the Minister of Land, Infrastructure and Transport. The same shall also apply to a modification of a vitalization plan. |
| (3) | A vitalization plan shall include the following matters: |
| 1. | Purpose of the vitalization plan; |
| 2. | Details and effects of the vitalization plan; |
| 3. | A plan for the installation and maintenance of infrastructure; |
| 4. | A financing plan and a budget execution plan; |
| 5. | Other matters prescribed by Presidential Decree. |
| (4) | An authority designating renovation project districts who has designated or altered a vitalization zone or formulated or altered a vitalization plan pursuant to paragraphs (1) and (2), shall publicly notified the details thereof, and Article 39-7 shall apply mutatis mutandis to the public notice and the perusal thereof. When a vitalization plan is approved and publicly notified, the renovation implementation plan referred to in Article 39-7 shall be deemed formulated and amended. |
| (5) | The scope of project operators eligible to execute a renovation project in a vitalization zone, method of executing the projects, and other relevant details shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-13 (Special Cases concerning Vitalization Zones) |
| (1) | Notwithstanding municipal ordinance of a City/Do, an authority designating renovation project districts may, where necessary to formulate a vitalization plan, formulate it by relaxing the application of the building-to-land ratio and the floor area ratio within the maximum limit of each special-purpose area prescribed in Articles 77 and 78 of the National Land Planning and Utilization Act. |
| (2) | A project operator in a vitalization zone shall not be subject to the re-investment of development gains prescribed in Article 39-15. |
| (3) | The State or a local government may subsidize cost, etc. for installation of infrastructure of a vitalization zone on a preferential basis. |
| (4) | A vitalization zone may be exempted from the application of the following provisions of law: <Amended on Jan. 19, 2016> |
| 1. | Layout of housing, standards for the installation of welfare facilities and welfare facilities, and standards for preparing building sites under Article 35 of the Housing Act; |
[This Article Newly Inserted on Aug. 11, 2015]
[Previous Article 39-13 moved to Article 39-15 <Aug. 11, 2015>]
| Article 39-14 (Support Measures for Occupant Enterprises) |
| (1) | When a project operator formulates a renovation plan pursuant to Article 39-7, he or she shall investigate the operation status of occupant enterprises in the relevant renovation project district and devise measures, such as a substitute industrial complex and temporary operation facilities, as prescribed by Presidential Decree. |
| (2) | The State or a local government may render support, such as gratuitously providing a temporary site to any project operator who formulates and takes protective measures for occupant enterprises. |
[This Article Newly Inserted on Aug. 11, 2015]
[Previous Article 39-14 moved to Article 39-16 <Aug. 11, 2015>]
| Article 39-15 (Re-Investment of Development Gains) |
A project operator shall use gains accruing from a renovation project for such purposes as reducing the sale prices of sites for industrial facilities within the renovation project district and construction of infrastructure and public facilities, as prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 29, 2009]
[Moved from Article 39-13; previous Article 39-15 Deleted <Aug. 11, 2015>]
| Article 39-16 (Designation of Areas for Permitting Land Transaction Agreements) |
[This Article Newly Inserted on Dec. 29, 2009]
[Moved from Article 39-14; previous Article 39-16 Deleted <Aug. 11, 2015>]
| Article 39-17 (Special Cases concerning Support for Renovation Projects) |
| (1) | A person authorized to formulate a renovation plan may prepare a renovation plan providing that standards for school facilities provided for in the Elementary and Secondary Education Act are deregulated to the extent not hindering education, consulting with the Superintendent of an Office of Education of a City/Do. In such cases, the specific scope of application and other necessary matters shall be prescribed by Presidential Decree. |
| (2) | Standards for green space ratio, street ratio, etc. applicable to renovation project districts may be separately prescribed by municipal ordinances of the relevant City/Do in excess of 50/100 of the green space ratio, street ratio, etc. prescribed by industrial location development guidelines under Article 5, taking into account the year of completion, surrounding circumstances, etc. of the industrial complexes and areas included in the renovation project districts. |
| (3) | Notwithstanding paragraph (2), the green space ratio, street ratio, etc. prescribed by industrial location development guidelines may not apply to a renovation project district where the project is executed by renewal method referred to in subparagraph 1 of Article 39-6. |
| (4) | Notwithstanding subparagraph 9 of Article 2, a renovation project operator may execute a renovation project which includes construction projects prescribed by Presidential Decree, among construction projects provided for in items (a), (c), and (d) of the same subparagraph. |
| (5) | The area of a site for industrial facilities among a renovation project district falling under Article 39-2 shall be at least 40/100 of an area calculated by subtracting the area of public facilities under Article 26 from the whole area of an industrial complex, notwithstanding the provisions of Article 6 (8). <Amended on Sep. 1, 2015> |
[This Article Wholly Amended on Aug. 11, 2015]
| Article 39-18 (General Management of Renovation Projects) |
| (1) | For efficiently promoting a renovation project, an authority designating renovation project districts may designate any of the following persons as a general project manager from the renovation plan formulation stage: Provided, That where a Mayor/Do Governor designates a general project manager, he or she shall consult with the head of the competent Si/Gun/Gu: |
| 2. | Local public enterprises established to perform housing projects pursuant to the Local Public Enterprises Act (hereinafter referred to as "local public enterprises"). |
| (2) | A general project manager designated pursuant to paragraph (1) shall perform the following duties on behalf of the head of a local government: |
| 1. | General management of all the renovation projects in a renovation project district; |
| 2. | Installation of infrastructure, such as roads; |
| 3. | Management of the support fund for infrastructure expenses; |
| 4. | Advice on inquiries about a plan to install infrastructure at the time of formulating a renovation plan; |
| 5. | Other duties prescribed by this Act and Presidential Decree. |
[This Article Newly Inserted on Aug. 11, 2015]
| Article 39-19 (Establishment and Operation of Special Accounts for Renovation of Industrial Complexes) |
| (1) | In order to support the vitalization of a renovation project, an authority designating renovation project districts may establish and operate a special account for renovation of industrial complex, as prescribed by Presidential Decree. |
| (2) | The revenues of a special account for renovation of industrial complex shall be as follows: <Amended on Jun. 9, 2020> |
| 4. | Money transferred from the general account; |
| 6. | Money recovered for the re-investment of development gains under Article 39-15; |
| 7. | Money withdrawn from loans extended from funds of the relevant special account for renovation of the industrial complex, interest gains, and other earnings; |
| 8. | Other financial resources prescribed by municipal ordinance of a City/Do. |
| (3) | The expenditures of a special account for renovation of industrial complex shall be as follows: |
| 1. | Expenses for the survey and research for the renovation project; |
| 2. | Expenses for the formulation of the renovation plan and renovation implementation plan; |
| 3. | Expenses for the maintenance of infrastructure; |
| 4. | Subsidies for the renovation project as specified in the renovation implementation plan; |
| 5. | Expenses for establishing, operating and managing the special account for renovation of industrial complex; |
| 6. | Other necessary matters prescribed by ordinance of the relevant local government. |
| (4) | Where an industrial complex renovation project is executed by replotting pursuant to subparagraph 3 of Article 39-6, a special account will be established for each project for separate accounting. |
[This Article Newly Inserted on Aug. 11, 2015]
| Article 39-20 (Establishment of Industrial Complex Renovation Promotion Council) |
| (1) | For the purpose of facilitating a renovation project or creative development, there may be established an industrial complex renovation promotion council (hereinafter referred to as "promotion council") to receive proposals or hear advices from occupant enterprises, or to consult about important matters or reconcile conflicts. |
| (2) | A promotion council may be established with approval from the competent authority designating renovation project districts, and shall be comprised of project operators, occupant enterprises, landowners, and local residents of the relevant renovation project district, public officials belonging to the relevant local government, relevant experts, etc. |
| (3) | A promotion council may consult about or coordinate the following matters: |
| 1. | Matters concerning collecting residents' opinion at the time a renovation implementation plan is formulated; |
| 2. | Matters concerning the contents of a renovation implementation plan; |
| 3. | Matters concerning coordinating opinions among interested parties, including the authority designating renovation project district, project operators, landowners, occupant enterprises, and local residents. |
| (4) | Matters necessary for the composition, operation, etc. of a promotion council shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 11, 2015]
| Article 39-21 (Filing Objections) |
| (1) | Where a project operator has an objection against re-investment of development gains prescribed in Article 39-15, he or she may file an objection with an authority designating renovation project districts, along with reasons for filing the objection and evidentiary materials within 60 days from the date approval on completion is obtained. |
| (2) | Upon receipt of an objection filed under paragraph (1), an authority designating renovation project districts shall inform the applicant of the results thereof in writing within 15 days from the receipt of the objection. |
[This Article Newly Inserted on Aug. 11, 2015]
| Article 39-22 (Linking between Renovation Projects and Urban Regeneration Projects) |
| (1) | Where necessary for the enhancement of the effect of a renovation project and the economic, social and physical vitalization of a city, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun within the jurisdictional area of a Metropolitan City) may designate a renovation project district, or a renovation project district and its surrounding area, as an urban regeneration revitalization area under the Special Act on Promotion of and Support for Urban Regeneration on a preferential basis and formulate an urban regeneration revitalization plan for the relevant area. In such cases, the designation of an urban regeneration revitalization area and the formulation of an urban regeneration revitalization plan shall be governed by the Special Act on Promotion of and Support for Urban Regeneration. |
[This Article Newly Inserted on Sep. 1, 2015]
CHAPTER VI FACTORY LOCATIONS IN AREAS OTHER THAN INDUSTRIAL COMPLEXES
| Article 40 (Criteria for Designation and Development of Locations) |
| (1) | The Minister of Land, Infrastructure and Transport may formulate and provide a public notice of the criteria for designation of locations to establish factories and for development of locations designated and approved in areas other than industrial complexes. <Amended on Mar. 23, 2013> |
| (2) | If formulation of the criteria under paragraph (1) is intended, deliberation by the Deliberation Committee shall be conducted after consultations with the Minister of Trade, Industry and Energy and the heads of relevant central administrative agencies: Provided, That this shall not apply to an amendment to any insignificant matter prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for formulating the criteria under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 40-2 (Designation of Inducement Districts for Factory Location) |
| (1) | A Mayor/Do Governor (excluding a Do Governor) or the head of a Si/Gun/Gu may designate an inducement district for factory location within the extent of at least 30,000 up to 500,000 square meters in any planned control area falling under Article 36 (1) 2 (c) of the National Land Planning and Utilization Act after deliberation by the urban planning committee established in the relevant local government. <Amended on Dec. 20, 2016> |
| (2) | Where an authority designating inducement districts for factory location referred to in paragraph (1) (hereinafter referred to as "authority designating inducement districts for factory location") intends to designate an inducement district for factory location under paragraph (1), he or she shall consult with the related administrative agency on strategic environmental impact assessment (to be deemed a plan requiring strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act) under the Environmental Impact Assessment Act, disaster impact assessment, etc. under the Countermeasures Against Disasters Act, and farmland under the Farmland Act. <Amended on Jul. 21, 2011; Dec. 20, 2016; Oct. 24, 2017> |
| (3) | Upon designating or altering designation of an inducement district for factory location, the authority designating inducement districts for factory location shall give a public notice of matters prescribed by Presidential Decree. <Newly Inserted on Dec. 20, 2016> |
| (5) | Articles 7-4, 12, 21, 47, 48, and 50 shall apply mutatis mutandis to inducement districts for factory location. <Amended on Dec. 20, 2016> |
| (6) | Matters necessary for standards, and methods for designating inducement districts for factory location shall be prescribed by Presidential Decree. <Amended on Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 40-3 (Special Cases concerning Inducement Districts for Factory Location) |
| (2) | Notwithstanding the provisions of Article 30 of the National Land Planning and Utilization Act, an authority designating inducement districts for factory location shall determine the district-unit planning area and district-unit planning for inducement districts for factory location, and matters necessary for district-unit planning may be separately determined by the Minister of Land, Infrastructure and Transport, notwithstanding the provisions of Article 52 of the same Act. <Amended on Mar. 23, 2013; Dec. 20, 2016> |
| (4) | A subsidy for expenses or support for facilities under Article 28 or 29 may be granted to any district meeting the requirements prescribed by Presidential Decree among inducement districts for factory location. In such cases, Article 29-2 shall apply mutatis mutandis to support for infrastructure under Article 29. <Amended on Dec. 20, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 41 Deleted. <Apr. 6, 2007> |
| Article 42 Deleted. <Aug. 5, 1993> |
| Article 43 (Utilization of Civil Petition Offices for Factory Construction) |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 44 (Development of Industrial Complexes by Designating Areas Attracting Enterprises) |
| (1) | Upon receipt of a request for consultations about a proposal to designate areas attracting enterprises pursuant to Article 23 of the Industrial Cluster Development and Factory Establishment Act, from the Minister of Trade, Industry and Energy, the Minister of Land, Infrastructure and Transport shall present an alternative plan for feasibility and a method of development, etc. of the target area. <Amended on Mar. 23, 2013> |
| (3) | Details to be included in an alternative plan under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 45 (Reduction of or Exemption from Taxes and Charges) |
| (1) | The State or local governments may reduce or exempt taxes, such as corporate tax, income tax, customs tax, acquisition tax, registration and license tax, special rural development tax, property tax, education tax, and comprehensive real estate holding tax, as prescribed by the Act on Restriction on Special Cases concerning Taxation, the Customs Act, and the Act on Restriction on Special Cases concerning Local Taxation to efficiently develop and promote industrial complexes and to promote leasing projects (including an industrial complex for lease only under Article 46-6) of industrial locations for small and medium enterprises. |
[This Article Wholly Amended on Aug. 4, 2011]
The State or local governments may take measures necessary for funding the efficient development of industrial complexes, attraction of enterprises to industrial complexes, and promotion of leasing projects of industrial locations for small and medium enterprises, and construction of knowledge industry centers for small and medium enterprises in industrial complexes. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-2 (Special Cases concerning Construction of Support Complexes) |
| (1) | For the employees, etc. of enterprises taking occupancy in or near an industrial complex, a project operator may construct a support complex for facilities for residence, culture, welfare, education, etc. |
| (2) | The construction of a support complex under paragraph (1) may be performed as an industrial complex development project. |
| (3) | Where it becomes necessary to provide dwelling houses to the employees, etc. of enterprises that take occupancy in, housing supply standards may be separately established for houses built and supplied in a support complex being constructed pursuant to paragraph (1), as prescribed by Presidential Decree, notwithstanding Article 54 of the Housing Act. <Amended on Jan. 19, 2016> |
[This Article Wholly Amended on Jan. 14, 2014]
| Article 46-3 (Special Cases concerning Establishment of Private Schools) |
| (1) | Where a project operator intends to establish a school to nurture human resources complying with the characteristics of the industrial complex and to improve the educational environment, he or she shall formulate the development plan and the implementation plan of the relevant industrial complex with a plan to establish schools included therein. |
| (2) | Where an authority designating industrial complexes intends to approve the development plan or implementation plan of an industrial complex with a plan to establish schools included therein under paragraph (1), he or she shall first consult with the Minister of Education or the Superintendent of an Office of Education. <Amended on Mar. 23, 2013> |
| (3) | Where a project operator applies for approval of an implementation plan for a school facility establishment project pursuant to Article 4 of the School Facilities Projects Promotion Act to execute the school facility project contained in the development plan and the implementation plan for the industrial complex approved through consultations under paragraph (2), the Superintendent of an Office of Education shall examine and approve it. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-4 (Special Cases concerning Operating Schools and Curricula) |
| (1) | The head of a school who intends to operate a school or curricula in an industrial complex to nurture human resources complying with the characteristics of the industrial complex and to improve the educational environment, to which special cases provided for in Article 61 of the Elementary and Secondary Education Act apply, shall obtain designation from the Superintendent of the competent Office of Education on the recommendation of the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. |
| (2) | Standards for recommendation of schools to which special cases apply pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Teachers, students, etc. participating in a school or curricula operated pursuant to paragraph (1) shall not be accorded any disadvantage because of such participation. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-5 (Development of and Support for Factory Sites in North Korea) |
To foster South Korean enterprises and North Korean enterprises in North Korea, the Government may support the development of factory sites.
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-6 (Industrial Complexes for Lease Only) |
| (1) | The State or local governments may have an agency falling under Article 16 (1) 1 and 2 designate and operate a part of an industrial complex as an industrial complex for lease only to revitalize the regional economy and to supply cheap industrial locations. |
| (2) | Pursuant to paragraph (1), the State or local governments may purchase land designated as an industrial complex for lease only, or may grant National subsidies to a project operator of an industrial complex for lease only. |
| (4) | Matters necessary for standards for the term of lease, operation, and management of industrial complexes designated pursuant to paragraph (1) shall be prescribed by Presidential Decree, and the methods for managing and operating land purchased by the State or local governments pursuant to paragraph (2) may be separately prescribed by Presidential Decree, notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-7 (Special Cases concerning Application of Industrial Complexes for Lease Only) |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 46-8 (Special Cases concerning Development, etc. of Urban High-Tech Industrial Complexes Including Part of School Sites of Universities) |
| (1) | In cases of urban high-tech industrial complexes that include part of a site of a university prescribed by Presidential Decree, the State, a local government, an incorporated university, or an institute of science and technology may allow the relevant project operator (including an enterprise which has taken occupancy in an industrial complex; hereafter in this Article the same shall apply) to use or lease part of a site of an university to construct buildings (including a knowledge industry center and public rental housing prescribed by Presidential Decree; hereafter in this Article the same shall apply) or other permanent facilities, notwithstanding Article 18 of the State Property Act, Article 13 of the Public Property and Commodity Management Act, the Higher Education Act, and the Private School Act. In such cases, the State, a local government, an incorporated university, or an institute of science and technology shall impose conditions that require the project operator to donate the relevant facilities to the State, a local government, an incorporated university, or an institute of science and technology which is the owner of land or to reinstate land to its original state for return when the period for permission for use or a contract for lease expires, in consideration of the types, uses, etc. of the facilities. <Amended on Jun. 10, 2022> |
| (2) | Notwithstanding Article 18 of the State Property Act and Articles 13, 19, and 28 of the Public Property and Commodity Management Act, the State or a local government may permit the project implementer to construct buildings or other permanent facilities on the State-owned or public land, which is not a site of a university, among urban high-tech industrial complexes designated under paragraph (1). In such cases, when a contract for use or a contract for lease of facilities is terminated, taking into consideration the type, use, etc. of such facilities, the State or a local government shall make the donation of the facilities to the State or a local government or return the land after reinstatement on condition of lease. |
| (3) | The Minister of Land, Infrastructure and Transport shall publicly notify the types of business eligible to move into an urban high-tech industrial complex under paragraph (1) in the Official Gazette after consultation with the Minister of Education and the Minister of Science and ICT. |
| (6) | For the swift creation of an urban high-tech industrial complex under paragraph (1), the State or a local government may fully or partially subsidize expenses incurred by a project operator in building a building for the purpose of lease to enterprises. |
[This Article Newly Inserted on Dec. 10, 2019]
| Article 47 (Reporting and Inspections) |
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require a project operator to file a necessary report or submit data, and require an affiliated public official to inspect affairs concerning an industrial complex development project where necessary to verify the progress of work and to ascertain whether the conditions for approval of the industrial complex development plan (including an implementation plan) on the industrial complex development project have been fulfilled, and where he or she deems that the project operator falls under any subparagraph of Article 48 (1). <Amended on Mar. 23, 2013> |
| (2) | Any public official who inspects affairs concerning an industrial complex development project pursuant to paragraph (1) shall first notify the relevant person of the inspection plan about the date and time of, the reason for, the details of an inspection by no later than seven days prior to the inspection except in an emergency or where he or she deems that giving prior notice can defeat the objective of the inspection due to destruction of evidence, and shall carry a certificate of character indicating his or her authority and produce it to interested persons when conducting an inspection. |
| (3) | Matters necessary for the prior notice and a certificate of character referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 4, 2011]
| (1) | The Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke authorization, approval, or designation granted under this Act, issue an order to suspend construction, to reconstruct or remove structures, or take other necessary measures if a project operator falls under any of the following: <Amended on Mar. 23, 2013; Jan. 14, 2014; Aug. 11, 2015; Sep. 1, 2015> |
| 1. | Where he or she falls under any of the following cases (including where the main clause of Article 39 (1) applies mutatis mutandis if the provisions of item (c) through (i) are applied to a project operator): |
| (a) | Where he or she fails to comply with any of the conditions imposed at the time of designation or approval granted under Article 8-3, 16, 17, 17-2, 18, 18-2, 19, 39, 39-2, or 39-7 or fails to execute an industrial complex development project in accordance with the industrial complex development plan, implementation plan, or execution plan; |
| (b) | Where he or she fails to give notice under Article 26 (4); |
| (c) | Where he or she fails to comply with any of the conditions imposed at the time State property or public property is leased or transferred under Article 27 (2); |
| (d) | Where he or she receives an advance payment, in violation of Article 32; |
| (e) | Where he or she violates an order of the authority approving an implementation plan under Article 33 (1); |
| (f) | Where he or she fails to formulate a migration measure, etc. under Article 36 or fails to execute any measure so formulated; |
| (g) | Where he or she fails to obtain authorization for completion, in violation of Article 37 (1), or fails to obtain prior approval, in violation of paragraph (8) of the same Article; |
| (h) | Where he or she fails to prepare a disposal plan under Article 38 or disposes of land, facilities, etc. differently from the disposal plan; |
| (i) | Where he or she fails to comply with a master plan for industrial complex management, in violation of Article 38-3; |
| (j) | Where he or she violates a matter concerning standards for, operation, and management of an industrial complex for lease only under Article 46-6 (4); |
| 2. | Where he or she obtains authorization, approval, or designation under this Act by fraud or other improper means; |
| 3. | Where he or she becomes unable to continue to execute an industrial complex development project due to changed circumstances. |
| (2) | Where the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose any of following disposition pursuant to paragraph (1), he or she shall hold a hearing: <Amended on Mar. 23, 2013; Jan. 14, 2014> |
| 1. | Revocation of designation of a project operator under Article 16 (1) or (2); |
| 2. | Revocation of approval of an implementation plan and approval for any amendment thereto under Article 17, 17-2, 18, 18-2, or 19 (including where the main clause of Article 39 (1) applies mutatis mutandis). |
| (3) | Where the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, a Mayor/Do Governor, or the head of a Si/Gun/Gu has imposed disposition under paragraph (1), he or she shall give a public notice of such disposition, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 14, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 48-2 Deleted. <Feb. 29, 2008> |
| Article 48-3 (Cooperation among Relevant Agencies concerning Port Construction) |
Where the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu formulates a development plan including a port construction project for installing breakwaters, protection banks, quay walls, lighter wharves, and facilities with similar functions for official or public use pursuant to Article 6, 7, 7-2, or 8, he or she shall first reflect the opinion of the Minister of Oceans and Fisheries therein. [This Article Newly Inserted on Jan. 14, 2014]
| Article 49 (Delegation of Authority) |
Part of the authority of the Minister of Land, Infrastructure and Transport or the Minister of Oceans and Fisheries under this Act may be delegated to a Mayor/Do Governor, the head of a Si/Gun/Gu, or the heads of affiliated agencies, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 14, 2014>
[This Article Wholly Amended on Aug. 4, 2011]
| Article 50 (Inspection of Related Documents) |
| (1) | A project operator may request the State or a local government to allow him or her to inspect or reproduce necessary documents, or to issue a certified copy or abridged transcript thereof, if necessary for performing an industrial complex development project. |
| (2) | The State or a local government shall not charge fees for documents issued under paragraph (1). |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER VIII PENALTY PROVISIONS
| Article 51 (Penalty Provisions) |
| (1) | Any person who disposes of land, facilities, etc., in violation of Article 38 (9), shall be punished by imprisonment for not exceeding five years or by a fine not exceeding 50 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not exceeding two years or by a fine not exceeding 20 million won: <Amended on Jan. 6, 2015> |
| 1. | Any person who obtain permission or permission for alteration pursuant to Article 12 (1) (including cases applied mutatis mutandis in Article 8-3 (4), 39 (1), or 39-10 (1)) by fraud or other improper means; |
| 2. | Any project operator who engages in the conduct provided for in Article 48 (1) 2 (including cases applied mutatis mutandis in Article 8-3 (4)); |
| 3. | Deleted. <Jan. 6, 2015> |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not exceeding one year or by a fine not exceeding 10 million won: <Newly Inserted on Jan. 6, 2015> |
| 1. | Any person who violates Article 12 (1) (including cases applied mutatis mutandis in Article 8-3 (4), 39 (1), or 39-10 (1)) and construct a building without obtaining permission or permission for alteration pursuant to the same paragraph; |
| 2. | Any person who performs an industrial complex development project without being designated as a project operator pursuant to Article 16 (including cases applied mutatis mutandis in Article 8-3 (4) or 39-10 (1)). |
[This Article Wholly Amended on Jun. 1, 2012]
| Article 52 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent, employee, or other person of a corporation or individual commits a violation under Article 51 in connection with the business of the corporation or individual, in addition to the punishment of such violator, the corporation or individual also shall be punished by a fine under the relevant provision: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. [This Article Wholly Amended on Mar. 22, 2010]
| Article 53 (Penalty Surcharges) |
| (1) | An authority designating industrial complexes may impose a penalty surcharge on a person who violates Article 38 (9) within the quantity of gains from transfer of the relevant land, facilities, etc. |
| (2) | Detailed standards, such as procedures for imposing penalty surcharges and payment deadlines under paragraph (1), shall be prescribed by Presidential Decree. |
| (3) | If a person on whom a penalty surcharge is imposed pursuant to paragraph (1) fails to pay the penalty surcharge within the relevant payment deadline, the authority designating industrial complexes may collect such penalty surcharge in the same manner as local taxes in arrears pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020; Jun. 9, 2020> |
[This Article Newly Inserted on Jun. 1, 2012]
ADDENDA <Act No. 4216, Jan. 13, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repealed Statutes)
Article 3 (Transitional Measures)
| (1) | Industrial base development districts under the previous Industrial Base Development Promotion Act and the directly controlled industrial complexes under the Industrial Complex Management Act shall be regarded as national industrial complexes under this Act, and the special areas under the previous Industrial Base Development Promotion Act shall be regarded as the special areas under this Act. |
| (3) | A basic plan for industrial base development encouragement areas and special areas, designation of an execution operator, and approval for an execution plan under Article 24 of the previous Industrial Base Development Promotion Act, a basic plan for industrial development encouragement districts as prescribed by the previous Local Industrial Development Act, and a person who was designated to develop areas for attracting enterprises under the previous Industrial Placement Act shall be deemed to have been established, approved, designated respectively under this Act. |
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
Where other statutes cite the statutes or the provisions which shall be repealed under Article 2 of the Addenda as at the time this Act enters into force, if this Act contains any provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed to be cited.
ADDENDA <Act No. 4268, Dec. 27, 1990>
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. 4358, Mar. 8, 1991>
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. 4429, Dec. 14, 1991>
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. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 4574, Aug. 5, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Basic Plans for Previously Designated Industrial Complexes)
| (1) | With respect to national or local industrial complexes designated under the previous provisions of Article 6 or 7 prior to the enforcement of this Act, the previous provisions of Article 14 or 15 shall apply: Provided, That this shall not apply to the formulation of an industrial complex development plan under the amended provisions of Article 6 or 7. |
| (2) | Designation of a project operator under the main sentence of paragraph (1) shall be governed by the previous provisions of Article 16. |
Article 3 (Transitional Measures, etc. concerning Land Expropriation)
| (1) | With respect to the expropriation of land, etc. in the industrial complex development project for national or local industrial complexes designated under the previous provisions of Article 6 or 7 prior to the enforcement of this Act, the previous provisions of Article 22 shall apply. |
| (2) | From among industrial complexes designated as national or local industrial complexes under the previous provisions of Article 6 or 7 prior to the enforcement of this Act (excluding industrial complexes that fall under the provisions of the proviso of Article 2 (1) of the Addenda), if such industrial complexes fail to be approved under the previous provisions of Article 17 or 18 as at the time this Act enters into force and a project operator is designated and the authority to designate an industrial complex designates and notifies publicly an outline of an execution of a project, a project operator, and detailed list of lands to be expropriated or used, then the amended provisions of Article 22 shall apply notwithstanding the provisions of paragraph (1) as if a project were approved or the public notification of an approval for a project were made under the provisions of Article 14 of the Land Expropriation Act and Article 16 of the same Act. |
Article 4 Omitted.
ADDENDA <Act No. 4748, Mar. 24, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 4891, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force three 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.
Article 2 (Transitional Measures concerning Matters for Deliberation by Industrial Location Policy Deliberation Committee)
Matters deliberated and determined by the Industrial Location Policy Deliberation Committee under the previous provisions as at the time this Act enters into force, shall be deemed to have been deliberated by the Industrial Location Policy Deliberation Committee under the amended provisions of Article 3. Article 3 (Transitional Measures concerning Industrial Location Development Guidelines, etc.)
Industrial location development guidelines publicly notified under the previous provisions as at the time this Act enters into force, shall be regarded as industrial location development guidelines under the amended provisions of Article 4. Article 4 (Transitional Measures concerning National or Local Industrial Complexes)
National or local industrial complexes designated under the previous provisions as at the time this Act enters into force, shall be regarded as national or local industrial complexes designated under the amended provisions of Article 6 or 7, respectively, and an industrial complex development plan, a national industrial complex execution plan, or a local industrial complex execution plan publicly notified under the previous provisions shall be regarded as an industrial complex development plan, a national complex development plan, or a local complex development plan under the amended provisions of Article 6, 7, 17, or 18, respectively. Article 5 (Transitional Measures concerning Disposal of Land, etc. under National Industrial Complex Development Projects)
With respect to disposal of land or facilities, etc. developed under a national industrial complex development project for which the execution plan is approved and publicly notified as at the time this Act enters into force, the previous provisions shall apply notwithstanding the amended provisions of Article 38. Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cite the previous provisions as at the time this Act enters into force, if this Act contains any provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed to be cited.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998: Provided, That ... <omitted> ... the amended provisions of Article 21 (1) 13 shall enter into force on January 1, 1999.
ADDENDUM <Act No. 5803, Feb. 5, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 5893, Feb. 8, 1999>
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. 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. 5914, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 8 shall apply from the first permission for occupancy and use granted after this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisions)
The previous penalty provisions shall apply to violations committed before this Act enters into force.
Articles 4 and 5 Omitted.
ADDENDA <Act No. 6406, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Article 2 (Transitional Measures concerning Local Industrial Complexes)
The local industrial complex designated by the previous provisions as at the time this Act enters into force shall be regarded as the general local industrial complex under this Act.
Article 3 Omitted.
ADDENDA <Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 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.
ADDENDUM <Act No. 7512, May 26, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7715, Dec. 7, 2005>
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.
ADDENDUM <Act No. 7922, Mar. 24, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8014, Sep. 27, 2006>
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. 8337, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Designation of Urban High-Tech Industrial Complexes)
The amended provisions of Article 7-3 shall begin to apply to an area prearranged for housing site development designated for the first time after this Act enters into force. Article 3 (Applicability to Designation of Operators of Industrial Complex Development Projects)
The amended provisions of Article 16 (2) shall begin to apply to the portion that obtains the approval of execution plan for the first time after this Act enters into force. Article 4 (Applicability to Approval of Execution Plans for Industrial Complex Development)
The amended provisions of Articles 17 through 19 shall begin to apply to the portion for which the approval of execution plan is requested for the first time after this Act enters into force. Article 5 (Applicability to Disposal of Developed Land, Facilities, etc.)
The amended provisions of Articles 38 and 38-2 shall begin to apply to the portion designated as industrial complex for the first time after this Act enters into force. Article 6 (Applicability to Designation, etc. of Factory Location Inducement Districts)
As for an area within a Si/Gun, in which the management area is not subdivided except for the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, Metropolitan City in an area other than the Seoul Metropolitan area, and Si/Gun adjoining a Metropolitan City, a factory location inducement district may be designated within the management area by December 31, 2007. Article 7 (Transitional Measures concerning Local Industrial Complex Deliberation Committee)
The Local Industrial Complex Deliberation Committee installed under the previous provisions as at the time this Act enters into force shall be deemed as the Local Industrial Location Deliberation Committee installed under the amended provisions of Article 3 (3) and (4). Article 8 (Transitional Measures concerning General Local Industrial Complexes, etc.)
| (1) | Any general local industrial complex under the previous provisions as at the time this Act enters into force shall be deemed any general industrial complex designated by the Mayor/Do Governor under the amended provisions of Article 7, and any urban high-tech industrial complex under the previous provisions as at the time this Act enters into force shall be deemed any urban high-tech industrial complex designated by the Mayor/Do Governor under the amended provisions of Article 7-2. |
| (2) | Any development plan for general local industrial complex and any execution plan thereof under the previous provisions as at the time this Act enters into force shall be deemed any development plan for general industrial complex and any execution plan thereof under the amended provisions of Articles 7 and 18. |
Article 9 Omitted.
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 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. 8355, 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. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, 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. 8635, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 44 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
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. 8970, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on April 12, 2008. (Proviso Omitted.)
Articles 2 through 10 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.
ADDENDUM <Act No. 9063, Mar. 28, 2008>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 39 (1), Articles 46-6 and 46-7 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9106, Jun. 5, 2008>
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. 9174, Dec. 26, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 9189, Dec. 26, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8-2 and 8-3 shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Designation of General Industrial Complexes) The amended provisions of Article 7 (3) and (4) shall begin to apply to the portion for which general industrial complex is designated or for which development plan is modified for the first time after this Act enters into force. |
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. 9426, 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 8 Omitted.
ADDENDUM <Act No. 9540, Mar. 25, 2009>
This Act shall enter into force on the date of its promulgation.
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. 9705, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9708, May 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 9758, Jun. 09, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 09, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9774, Jun. 09, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9859, Dec. 29, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transition Measures concerning Industrial Complex Renovation Projects) An industrial complex renovation project, renovation plan of which has been established and publicly notified pursuant to the previous provisions of Article 38-3 as at the time this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10157, Mar. 22, 2010>
This Act shall enter into force two months after the date of its promulgation.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force January 1, 2011.
Articles 2 through 5 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. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 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. 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. 10653, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 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: Provided, That the amended provisions of Articles 16 (4) and (5), 20 (1) and 37 (2) shall enter into force four months after the date of its promulgation, and the amended provisions of Article 22 (4) shall enter into force one year after the date of its promulgation. Article 2 (Period for Validity of Performing Industrial Complex Development Projects on Behalf of Project Operators)
The amended provisions of Article 16 (4) and (5) shall remain in force until December 31, 2012. Article 3 (Applicability to Hearing Opinions and Restrictions on Conducts)
The amended provisions of Articles 10 and 12 shall apply from the first public announcement to hear opinions of residents to designate an industrial complex (including a quasi-industrial complex under Article 8-3) pursuant to Article 6, 7, 7-2 or 8 or to modify important matters prescribed by Presidential Decree after this Act enters into force. Article 4 (Applicability to Tightening of Requirements for Application for Adjudication on Land Expropriation by Private Enterprises, etc.)
The amended provisions of Article 22 (4) shall apply from the first designation of land as an industrial complex (including a quasi-industrial complex under Article 8-3) pursuant to Article 6, 7, 7-2 or 8 after this Act enters into force. Article 5 (Applicability to Special Area Development Projects Deemed Designated as National Industrial Complexes)
The amended provisions of Article 39 (3) shall also apply to changes of designation pursuant to Article 6 applied mutatis mutandis to a special area development project being executed in accordance with the amended provisions of Article 39 (1) or approval for the modification of an implementation plan therefor pursuant to Article 17-2 as at the time this Act enters into force. Article 6 (Applicability to Installation, etc. of Electric Facilities in Special Areas)
The amended provisions of Article 39 (5) shall apply from the first special area development project, the implementation plan of which is approved after this Act enters into force. Article 7 (Special Cases concerning Temporary Permission to Perform Construction Projects by Private Project Operators)
Notwithstanding the amended provisions of subparagraph 9 (a), (c) and (d) of Article 2, a private project operator may perform a construction project until December 31, 2012 on or after the date this Act enters into force. In such cases, temporary permission shall apply from the first industrial complex development plan prepared or modified after this Act enters into force. Article 8 (Special Cases concerning Temporary Exemption of Project Operators from Mandatory Rental Supply)
Where a project operator builds a knowledge industry center from the date this Act enters into force until December 31, 2012, notwithstanding the amended provisions of Article 38 (6), he or she shall be exempt from the application of the mandatory rental ratio. In such cases, such temporary exemption shall apply from the first knowledge industry center for which a plan for sale in lots is prepared. Article 9 (Transitional Measures)
An industrial location supply plan under the previous provisions as at the time this Act enters into force shall be construed as an industrial location supply and demand plan under the amended provisions of Article 5-2. Article 10 Omitted.
Article 11 (Relationship to Other Statutes or Regulations)
A citation of provisions of the previous Industrial Sites and Development Act by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of the relevant provisions of this Act in lieu of the previous provisions, if the corresponding provisions exist herein.
ADDENDA <Act No. 11474, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 38-6 and 38-7 shall enter into force four months after the date of its promulgation. Article 2 (Applicability to Disposal of Land, Facilities, etc. Developed by Persons who Intend to Install and Move into Facilities in Compliance with Industrial Complex Development Plans)
The amended provisions of Articles 38 (9) through (11), 51 (1) and 53 shall apply from the first disposal of land, facilities, etc. after this Act enters into force.
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. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 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. 12253, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 7-3 and 9 of Article 2, Articles 6, 13-3, 16, 17-2, 23, 35, 36 (3), 39-16, and 39-17 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Consultations, etc. with Heads of Relevant Central Administrative Agencies)
The amended provisions of Articles 7 (2), 7-2 (4), 8 (5), 17 (1), 18 (1), 18-2 (1), 19 (3), and 48-3 shall apply from the first industrial complex designated after this Act enters into force. Article 3 (Applicability to Land Substitution to Landowners)
The amended provisions of Article 24 (1) shall apply from the first designation of an industrial complex or from the first amendment to a development plan formulated after this Act enters into force. Article 4 (Applicability to Measures for Relocation, etc.)
The amended provisions of Article 36 (3) shall apply from the first industrial complex designated after the amended provisions mentioned above enter into force. Article 5 (Applicability to Construction of Support Complexes)
The amended provisions of Article 46-2 shall apply from the first designation of an industrial complex or from the first amendment to a development plan formulated by a project operator after this Act enters into force. Article 6 (Exceptions to Temporary Exemption from Mandatory Supply of Lease for Project Operators)
Where a knowledge industry center is constructed between the date on which this Act enters into force and December 31, 2015, application of the mandatory rental ratio shall be exempted notwithstanding the provisions of Article 38 (6). In such cases, such provisions shall apply from the first plan for sale in lots prepared after this Act enters into force.
ADDENDA <Act No. 12738, Jun. 3, 2014>
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.
ADDENDUM <Act No. 12980, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13327, May 18, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13482, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4, 39-7 (2) and (3), 39-12, 39-13, 39-19, and 39-20 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Consent from Landowners, etc.)
A renovation project district which has obtained consent obtained from landowners, etc. under the previous provisions as at the time this Act enters into force shall be deemed to have obtained consent from landowners, etc. pursuant to the amended provision of Article 39-8. Article 3 (Transitional Measures concerning Time for Constructive Designation of Industrial Complexes as at the Time Industrial Complexes and Surrounding Areas Are Designated as Renovation Project Districts)
Notwithstanding the amended provisions of the proviso to Article 39-11 (1), the previous provisions shall apply where an industrial complex and surrounding area is designated as a renovation project district pursuant to the previous provisions. Article 4 Omitted.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13509, Sep. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 6 (5), 7-3, 38, and 39-22 shall enter into force on the date of its promulgation. Article 2 (Applicability to Project Operators)
The amended provisons of Article 16 (1) 1 (d) shall begin to apply to the case where an industrial complex is designated or a project operator is replaced for the first time after this Act enters into force.
ADDENDUM <Act No. 13684, Dec. 29, 2015>
This Act shall enter into force three months after the date of its promulgation.
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. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 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. 14449, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of it promulgation: Provided, That the amended provisions of Articles 7 (1), 7-2 (1), 7-3, 10 (1), 13, 13-2 through 13-4, 22, 23 (2) 3, 29-2, 29-3, 31, 33, 38-5 (3), 39 (1), 40-2, and 40-3 (2) and (4) shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Designation of Agricultural and Industrial Complexes by Mayors of Large Cities)
The amended provisions of Article 8 (2) shall begin to apply to the cases where a development plan is prepared or altered after this Act enters into force. Article 3 (Transitional Measures concerning Recognition of Projects for Expropriation of Land for Agricultural and Industrial Complexes)
Notwithstanding the amended provisions of Article 22 (2), agricultural and industrial complexes designated before the same amended provisions enter into force shall be governed by the previous provisions.
ADDENDA <Act No. 14480, Dec. 27, 2016>
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. 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. 14797, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption from Application of Mandatory Rental Ratio)
The amended provisions of Article 38 (6) shall apply starting from the first plan for sale in lots prepared after this Act enters into force.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15309, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 15679, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 33 (3) shall begin to apply to the imposition of facility charges after this Act enters into force.
ADDENDA <Act No. 16172, Dec. 31, 2018>
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. 16568, Aug. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 16809, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Legal Fiction of Authorization and Permission under Other Acts)
The amended provisions of Article 21 (1) 34 shall apply beginning with the first implementation plan which obtains approval or approval for modification after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 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.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17598, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 17741, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDA <Act No. 18310, Jul. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 18390, Aug. 10, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 18661, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 18946, Jun. 10, 2022>
This Act shall enter into force on the date of its promulgation.