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ENFORCEMENT DECREE OF THE ACT ON ASSISTANCE TO KOREAN OFF-SHORE ENTERPRISES IN REPATRIATION

Presidential Decree No. 24903, Dec. 4, 2013

Amended by Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28212, Jul. 26, 2017

Presidential Decree No. 30044, Aug. 13, 2019

Presidential Decree No. 30520, Mar. 10, 2020

Presidential Decree No. 31152, Nov. 10, 2020

Presidential Decree No. 31812, jun. 22, 2021

Presidential Decree No. 32972, Nov. 1, 2022

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Act on Assistance to Korean Off-Shore Enterprises in Repatriation and matters necessary for enforcing said Act.
 Article 2 (Enterprises under De Facto Control)
In order for an enterprise to be recognized as an enterprise under de facto control as provided for in subparagraph 1 (a) of Article 2 of the Act on Assistance to Korean Off-Shore Enterprises in Repatriation (hereinafter referred to as the "Act"), at least 30/100 of the total number of outstanding stocks (excluding non-voting stocks; hereinafter the same shall apply) or the total stockholders' equity of the enterprise (hereinafter referred to as "repatriating enterprise") shall be owned by a national of the Republic of Korea (including overseas Koreans qualified for the status of sojourn under Article 5 of the Act on the Immigration and Legal Status of Overseas Koreans; hereinafter the same shall apply) or a corporation incorporated under the law of the Republic of Korea (including foreign-capital invested companies defined in subparagraph 6 of Article 2 of the Foreign Investment Promotion Act; hereinafter referred to as "corporation of the Republic of Korea"), solely or jointly with any of the persons specified by Ordinance of the Ministry of Trade, Industry and Energy, in any of the following cases:
1. Where the representative of the repatriating enterprise is a national of the Republic of Korea;
2. Where a national or a corporation of the Republic of Korea is the largest stockholder or shareholder of the repatriating enterprise. If any statute or policy of the country in which the repatriating enterprise is located restricts the holding of stocks or equity shares in such cases, the stocks or equity shares subject to such restriction shall be excluded in determining the largest stockholder or the owner of the largest equity shares;
3. Where a national or a corporation of the Republic of Korea lends assets to the repatriating enterprise or guarantees debts of the repatriating enterprise in an amount exceeding the value of the total number of outstanding stocks or the total stockholders' equity;
4. Where a national or a corporation of the Republic of Korea holds the power to appoint or dismiss the representative director of the repatriating enterprise, or has appointed or holds the power to appoint at least 50/100 of executive officers of the repatriating enterprise under an agreement entered into with major stockholders of the repatriating enterprise (referring to stockholders who hold at least 10/100 of the total number of outstanding stocks or total stockholders' equity of the repatriating enterprise or who exercise de facto control over major issues regarding the management of the repatriating enterprise, including the appointment and dismissal of executive officers).
 Article 2-2 (Types of Business of Off-Shore Enterprises)
"Industries prescribed by Presidential Decree, such as industries related to epidemic prevention and immunity" in subparagraph 1 (b) of Article 2 of the Act means sterilization, insecticide, and pest control service business under the Korean Standard Industrial Classification, which is publicly notified by the Commissioner of the Statistics Korea, pursuant to Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Industrial Classification").
[This Article Newly Inserted on Jun. 22, 2021]
 Article 3 (Establishment and Expansion of Places of Business)
(1) The establishment or expansion of a place of business in the Republic of Korea under subparagraph 3 of Article 2 of the Act shall be deemed an act performed in accordance with the following classifications: <Amended on Mar. 10, 2020; Nov. 10, 2020; Jun. 22, 2021; Nov. 1, 2022>
1. Where an off-shore enterprise manages manufacturing business under the Korean Standard Industrial Classification, through its place of business overseas: performing any of the following acts:
(a) Establishment of a factory pursuant to subparagraph 21 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
(b) Expansion of a factory under subparagraph 22 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (excluding the extension of the area of a factory site, but including the extension of the total floor area of a factory building);
(c) Where an existing factory is purchased or leased, and the factory is equipped with manufacturing facilities (including testing and manufacturing facilities);
(d) Where additional manufacturing facilities (including testing and manufacturing facilities) are installed at an existing factory owned by an off-shore enterprise;
2. Where an off-shore enterprise manages research and development business (limited to business in natural science, and engineering research and development under the Korean Standard Industrial Classification) belonging to the knowledge service industry under Article 8 (2) of the Industrial Development Act, through its place of business overseas: performing any of the following acts:
(a) Where a newly established enterprise-affiliated research institution is recognized as an enterprise-affiliated research institute under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
(b) Where an enterprise-affiliated research institute recognized under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act expands its research space, increases the personnel dedicated to research or files a report on modifications under paragraph (3) of the same Article;
3. Where an off-shore enterprise manages business other than those prescribed in subparagraphs 1 and 2, through its place of business overseas: performing any of the following acts:
(a) Where the area of a place of business is expanded, such as through new construction, enlargement, purchase, and new lease;
(b) Where production facilities necessary for business are additionally installed in the existing place of business.
(2) Where products or services produced at a place of business established or expanded in the Republic of Korea pursuant to paragraph (1) (hereinafter referred to as "products, etc.") are to be recognized as the same as or similar to products, etc. produced at a place of business overseas under subparagraph 3 of Article 2 of the Act, they shall belong to the same small group of the Korean Standard Industrial Classification: Provided, That where the relevant products, etc. fall under any of the following, the standards specified in the relevant subparagraph shall be met: <Amended on Aug. 13, 2019; Mar. 10, 2020; Nov. 10, 2020; Jun. 22, 2021>
1. Where products, etc. belong to the knowledge service industry (excluding information and communications business under the Korea Standard Industrial Classification) under Article 8 (2) of the Industrial Development Act: belonging to the same small group of products, etc. produced at places of business overseas and belonging to the type of business prescribed in Article 3 (1) and attached Table 2 of the Enforcement Decree of the same Act;
2. Where products, etc. belong to sterilization, insecticide, and pest control service business under the Korean Standard Industrial Classification: belonging to the same sub-group as products, etc. produced at places of business overseas.
(3) Notwithstanding paragraph (2), the Committee for Assisting Repatriating Enterprises under Article 6 (1) of the Act may recognize products, etc. produced at an overseas place of business as the same as or similar to products, etc. under subparagraph 3 of Article 2 of the Act, after reviewing the similarity, etc. of materials and components, or manufacturing process. In such cases, specific recognition standards and procedures shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Newly Inserted on Nov. 10, 2020>
[Title Amended on Mar. 10, 2020]
 Article 3-2 (High-Tech Industries)
"Cases prescribed by Presidential Decree" in subparagraph 3 (b) of Article 2 of the Act means cases in which products, etc. to be produced at an established or expanded place of business in the Republic of Korea fall under any of the following:
1. Products, etc. of advanced technologies under Article 5 (1) of the Industrial Development Act or high-tech products under the same paragraph (limited to verified advanced technologies and high-tech products, as determined and publicly notified by the Minister of Trade, Industry and Energy);
2. Products, etc. of technologies for the new growth engine industry under Article 116-2 (2) of the Enforcement Decree of the Restriction of Special Taxation Act;
3. Products, etc. to be essential for stabilizing the domestic supply network, publicly notified by the Minister of Trade, Industry and Energy, in consideration of external dependence, scarcity of substitute products, etc.
[This Article Newly Inserted on Jun. 22, 2021]
 Article 4 (Enterprises in Course of Repatriation to Korea)
"An enterprise in the course of repatriation to Korea, following the procedure prescribed by Presidential Decree for the liquidation, transfer, or downsizing of its place of business overseas" in subparagraph 4 (b) of Article 2 of the Act means any of the following enterprises in the course of repatriation to Korea: <Amended on Mar. 10, 2020; Jun. 22, 2021>
1. An enterprise that completed the liquidation, transfer or downsizing of its place of business overseas but has not completed the establishment or expansion of a place of business in the Republic of Korea;
2. An enterprise that completed the establishment or expansion of a place of business in the Republic of Korea but has not completed the liquidation, transfer or downsizing of its place of business overseas;
3. An enterprise falling under subparagraph 3 (b) of Article 2 of the Act, which has yet to establish or expand its domestic place of business;
4. An enterprise that undertakes the procedure determined and publicly notified by Ordinance of the Ministry of Trade, Industry and Energy for the establishment or expansion of a place of business in the Republic of Korea to produce products identical with those produced in its place of business overseas.
 Article 4-2 (Formulation and Notification of Implementation Plans)
(1) The Minister of Trade, Industry and Energy shall formulate an implementation plan to assist repatriating enterprises (hereafter in this Article referred to as "implementation plan") for the following year pursuant to Article 5-2 (1) of the Act, and give notice thereof to the head of the relevant central administrative agency by November 30 each year.
(2) The head of the relevant central administrative agency that receives notice of an implementation plan pursuant to paragraph (1) shall submit a report on the execution of the implementation plan to the Minister of Trade, Industry and Energy by January 31 of the year following the year in which the implementation plan is executed, pursuant to Article 5-2 (2) of the Act.
[This Article Newly Inserted on Mar. 10, 2020]
 Article 5 (Committee for Assisting Repatriating Enterprises)
(1) The following persons shall serve as members of the Committee for Assisting Repatriating Enterprises established under Article 6 (1) of the Act (hereinafter referred to as the "Committee"), excluding the chairperson: <Amended on Mar. 10, 2020>
1. Vice Ministers or public officials of equivalent status of the Ministry of Economy and Finance, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, the Ministry of SMEs and Startups, and the Financial Services Commission (referring to the Vice Minister designated by the head of the relevant agency, where such agency has multiple Vice Ministers);
2. A Vice Minister, Vice Chairperson, or Vice Administrator of a central administrative agency, or the head of a local government designated by the chairperson, with regard to agenda items submitted to the Committee.
3. The head of the Korea Trade-Investment Promotion Agency established under the Korea Trade-Investment Promotion Agency Act (hereinafter referred to as the "Korea Trade-Investment Promotion Agency");
4. Other persons commissioned by the Minister of Trade, Industry and Energy, in consideration of gender, from among persons with abundant knowledge and experience in overseas expansion and repatriation.
(2) The term of office of a member commissioned under paragraph (1) 4 shall be three years and he or she may hold office consecutively for two terms only. <Amended on Mar. 10, 2020>
(3) The chairperson shall represent the Committee and have general supervision and control of its affairs. Where the chairperson of the Committee is unable to perform his or her duties due to any unavoidable cause, the member designated in advance by the chairperson shall act on behalf of the chairperson. <Amended on Mar. 10, 2020>
(4) The chairperson of the Committee shall convene and preside over the Committee’s meetings. <Amended on Mar. 10, 2020>
(5) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. <Amended on Mar. 10, 2020>
(6) The Committee may have experts and business persons in connection with any agenda item brought for deliberation attend a meeting of the Committee and express their opinions. <Amended on Mar. 10, 2020>
(7) The Committee shall have a secretary to handle the administrative affairs of the Committee, and the secretary shall be appointed by the Minister of Trade, Industry and Energy from among public officials belonging to the Ministry of Trade, Industry and Energy. <Amended on Mar. 10, 2020>
(8) Except as provided in paragraphs (1) through (7), matters necessary for the operation of the Committee shall be prescribed by the chairperson, following a resolution of the Committee. <Amended on Mar. 10, 2020>
 Article 5-2 (Exclusion of, Challenge to, or Recusal of, Members)
(1) In any of the following cases, a member shall be excluded from deliberation and resolution of the Committee:
1. Where a member or the current or former spouse of the member becomes a party to the relevant agenda item (if the party is a corporation or organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is holding any right or duty jointly with the party to such agenda item;
2. Where a member is or was the relative of the party to the agenda item, pursuant to Article 777 of the Civil Act;
3. Where a member has provided services as an advisor, a researcher, a contractor (including a subcontractor), an appraiser, or an examiner with regard to the relevant agenda item;
4. Where a corporation or organization to which a member belongs is the current or former representative or agent of any party to the relevant agenda item;
(2) Where any reason under the subparagraphs of paragraph (1) exists for which it would be difficult to expect impartial deliberation and resolution from a member, a party to the relevant agenda item may file a request for challenge to the member with the Committee, and the Committee shall make a determination on such request by resolution. In such cases, no member subject to such request shall participate in the resolution.
(3) Where a member is subject to exclusion for any reason under the subparagraphs of paragraph (1), such member shall voluntarily recuse himself or herself from deliberation and resolution on the relevant agenda item.
[This Article Newly Inserted on Mar. 10, 2020]
 Article 5-3 (Dismissal of Members)
Where a member commissioned under Article 5 (1) 4 falls under any of the following, the Minister of Trade, Industry and Energy may dismiss the relevant member:
1. Where the member becomes unable to perform his or her duties due to mental or physical disabilities;
2. Where the member engages in misconduct in relation to his or her duties, such as by divulging any information learned in the course of performing his or her duties to any third person or using such information for his or her own interest;
3. Where the member is deemed unfit to be in office due to neglect of duty, loss of dignity or on other grounds;
4. Where the member fails to recuse himself or herself, even though he or she falls under any of the subparagraphs of Article 5-2 (1);
5. Where the member voluntarily indicates that it is impracticable to perform his or her duties.
[This Article Newly Inserted on Mar. 10, 2020]
 Article 6 (Requirements for Selection of Repatriating Enterprises Eligible for Assistance)
(1) "Requirements prescribed by Presidential Decree, such as the lapse of at least 10 years" in Article 7 (1) 1 of the Act means 10 years after the date financial support for foreign investment under the Foreign Investment Promotion Act is completed. <Newly Inserted on Jun. 22, 2021>
(2) "Matters prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means the following: <Amended on Feb. 9, 2021>
1. The off-shore enterprise has not received any tax reduction or exemption under Article 16 of the Special Act on Designation and Management of Free Economic Zones or any financial support, such as cash or tax support for foreign investment under any other statute;
2. The off-shore enterprise satisfies the requirements determined and publicly notified by the Minister of Trade, Industry and Energy to attain the purposes of the policy for the system for assisting repatriating enterprises to the Republic of Korea.
 Article 7 (Deadline for Notification of Results of Selection of Repatriating Enterprises)
(1) Upon the receipt of an application for the selection of a repatriating enterprise eligible for assistance pursuant to Article 7 (2) of the Act, the Minister of Trade, Industry and Energy shall notify the applicant of the results of selection within 60 days from the filing date of the application: Provided, That if it is necessary to extend the deadline for notification for the supplementation of submitted documents, the deadline may be extended as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) If an applicant fails to be selected as a repatriating enterprise eligible for assistance, the Ministry of Trade, Industry and Energy shall notify the applicant of the reason for its disqualification, when the applicant is notified of the results of selection under paragraph (1).
 Article 8 (Matters Subject to Notification of Changes)
(1) "Matter specified by Presidential Decree" in Article 7 (5) of the Act means any of the following matters: <Amended on Mar. 10, 2020>
1. De facto control over the relevant Korean off-shore enterprise under Article 2;
2. The type of business and main products of the relevant repatriating enterprise;
3. Matters specified by Ordinance of the Ministry of Trade, Industry and Energy subject to notification in order to ascertain any changes in repatriating enterprises selected as eligible for assistance.
 Article 9 (Grounds for Revocation of Selection of Repatriating Enterprises Eligible for Assistance)
"If the enterprise fails to meet any requirement prescribed by Presidential Decree" in Article 8 (1) 7 of the Act means any of the following cases: <Amended on Nov. 10, 2020; Jun. 22, 2021>
1. If a repatriating enterprise that has downsized its place of business overseas pursuant to Article 7 (1) 2 of the Act still produces its products more than the reduced production quantity specified by Ordinance of the Ministry of Trade, Industry and Energy in its place of business overseas during the period determined and publicly notified by the Minister of Trade, Industry and Energy;
2. If a repatriating enterprise that has a place of business in the Republic of Korea fails to maintain the existing place of business during the period determined and publicly notified by the Minister of Trade, Industry and Energy;
3. If a repatriating enterprise does not fulfill the conditions provided for in Article 7 (3) of the Act;
4. If the rejection of, interference with, or evasion by a repatriating enterprise of a fact-finding survey conducted under Article 9 (2) of the Act makes it impracticable to ascertain whether the repatriating enterprise has performed the relevant repatriation plan;
5. If a repatriating enterprise becomes eligible for assistance for foreign investment under the Foreign Investment Promotion Act.
 Article 10 (Entrustment of Administrative Work)
(1) The Minister of Trade, Industry and Energy shall entrust the following duties to the Korea Trade-Investment Promotion Agency under Article 10 of the Act: <Newly Inserted on Mar. 10, 2020; Jun. 22, 2021>
1. Receiving documents submitted with applications for the selection of repatriating enterprises eligible for assistance under Article 7 (2) of the Act and verifying facts relevant to such documents;
2. Giving notice of changes under Article 8 (2) of the Act;
3. Undertaking fact-finding surveys under Article 9 (1) and (2) of the Act;
4. Receiving documents for filing an application for selection as a collaborative repatriating enterprise under Article 16-2 of the Act and Article 11-6 of this Decree, and verifying the facts presented in such documents.
(2) When the president of the Korea Trade-Investment Promotion Agency completes the performance of any business affair entrusted under paragraph (1), he or she shall report the details thereof to the Minister of Trade, Industry and Energy.
(3) The guidelines for the performance of business affairs under paragraphs (1) and (2) and other necessary matters may be determined by the Minister of Trade, Industry and Energy.
 Article 11 (Areas Eligible for Financial Assistance)
(1) "Area prescribed by Presidential Decree" in Article 12 (2) of the Act means the entire nation. <Amended on Nov. 10, 2020>
(2) Pursuant to Article 12 (2) of the Act, the Minister of Trade, Industry and Energy may provide repatriating enterprises eligible for assistance with subsidies for the purchase and lease of land and factories, and the investment in plants and employment subsidies: Provided, That financial assistance may be restricted to enterprises belonging to any of the business groups subject to limitations on cross shareholding under Article 14 of the Monopoly Regulation and Fair Trade Act. <Amended on Mar. 10, 2020>
 Article 11-2 (Support for Rent)
(1) Support for rent under Article 13 (2) of the Act shall be publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 47-7 (3) of the Enforcement Decree of the Industrial Sites and Development Act.
[This Article Newly Inserted on Jun. 22, 2021]
[Previous Article 11-2 moved to Article 11-3 <Jun. 22, 2021>]
 Article 11-3 (Reduction of or Exemption from Rent for State-Owned or Public-Owned Property)
(1) "Area prescribed by Presidential Decree" in the provision, with the exception of the subparagraphs, Article 13-2 (1) of the Act, means area outside the Seoul Metropolitan area pursuant to subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act.
(2) Rent for land, factories, or other property under Article 13-3 (1) of the Act (hereinafter referred to as "land, etc.") shall be calculated by multiplying the value of the land, etc. by a rate of at least 10/1000.
(3) The rent reduction rate for State-owned property under Article 13-3 (2) of the Act shall be determined by the head of the central government agency in charge of the State-owned property (including a person to whom authority is delegated or entrusted pursuant to Article 28 or 42 (1) of the State Property Act; hereinafter the same shall apply), up to a maximum of 50/100.
(4) Details regarding the reduction of or exemption from rent, such as projects eligible for the reduction of or exemption from rent for land, etc. owned by a local government and the rent reduction or exemption rate under Article 13-3 (3) of the Act shall be prescribed by ordinance of the relevant local government, in consideration of the economic effects produced by repatriating enterprises' investment on job creation, technology transfer, financial independence of the local government, etc.
(5) A repatriating enterprise shall file an application with the head of the central government agency in charge of the relevant State-owned property or the head of the relevant local government, for the reduction of or exemption from rent for the land, etc. owned by the State or the local government pursuant to Article 13-3 (2) or (3) of the Act.
(6) Upon the receipt of an application for the reduction of or exemption from rent pursuant to paragraph (5), the head of the central government agency in charge of the State-owned property shall determine whether to grant reduction or exemption in consultation with the Minister of Economy and Finance, and the head of the competent local government shall determine whether to grant reduction or exemption, as prescribed by ordinance of the relevant local government pursuant to paragraph (4).
(7) Except as provided in paragraphs (3) through (6), details regarding the procedures for the reduction of or exemption from rent, follow-up management, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Newly Inserted on Mar. 10, 2020]
[Moved from Article 11-2; previous Article 11-3 moved to Article 11-4 <Jun. 22, 2021>]
 Article 11-4 (Payment of Purchase Price of State-Owned or Public-Owned Property)
(1) "Area specified by Presidential Decree" in Article 13-4 (1) of the Act means any area outside the Seoul metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act.
(2) The deferred payment of the purchase price of land, etc. or installment payment under Article 13-4 (2) of the Act shall be made by the following methods. The interest rate applicable in such cases shall not exceed four percent per annum:
1. Where the relevant land, etc. is owned by the State: deferred payment up to one year or installment payment up to 20 years;
2. Where the relevant land, etc. is owned by a local government: deferred payment or installment payment, as prescribed by municipal ordinance.
[This Article Newly Inserted on Mar. 10, 2020]
[Moved from Article 11-3 <Jun. 22, 2021>]
 Article 11-5 (Assistance to Enterprises Repatriating Together)
(1) The State and a local government may provide assistance to the installation and improvement of common logistics facilities and infrastructure for enterprises repatriating together pursuant to Article 16 (1) of the Act.
(2) "Period prescribed by Presidential Decree" in Article 16 (1) 2 of the Act means one year from the date on which the first enterprise is selected as a repatriating enterprise eligible for assistance under Article 7 of the Act.
[This Article Newly Inserted on Jun. 22, 2021]
 Article 11-6 (Assistance to Collaborative Repatriating Enterprises)
(1) "Repatriating enterprises and their consuming enterprises within the scope prescribed by Presidential Decree" in Article 16-2 (1) of the Act means repatriating enterprises selected under Article 7 of the Act and consuming enterprises that are supplied with products, etc. from or engage with the relevant repatriating enterprises in cooperation in joint research and development, etc., which are selected by the Minister of Trade, Industry and Energy among repatriating enterprises, in consideration of the following matters:
1. Impacts on domestic production and investment, including the scale of employment and regional economic ripple effects created by the relevant repatriating enterprise and their consuming enterprises;
2. Other matters deemed necessary by the Minister of Trade, Industry and Energy to strengthen the competitiveness of domestic industries, such as stabilization of the supply chain.
(2) Repatriating enterprises and their consuming enterprises intending to be selected as collaborative repatriating enterprises under Article 16-2 of the Act shall jointly submit documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy, including an application for selection, to the Minister of Trade, Industry and Energy.
(3) The State or a local government may provide preferential or additional assistance to collaborative repatriating enterprises in order to manage matters, etc. necessary for subsidization, research and development, training of human resources pursuant to Article 16-2 (1) of the Act.
(4) Except as prescribed in paragraphs (1) through (3), details regarding methods and procedures for selecting collaborative repatriating enterprises shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Newly Inserted on Jun. 22, 2021]
 Article 12 (Composition and Operation of Support Center for Repatriating Enterprises)
(1) The support center for repatriating enterprises under Article 17 (1) of the Act (hereinafter referred to as the "support center for repatriating enterprises") shall be composed of executive officers and employees of the Korea Trade-Investment Promotion Agency and outside members temporarily dispatched pursuant to paragraph (2).
(2) Upon the receipt of a request to dispatch executive officers and employees pursuant to Article 17 (2) of the Act, the head of any related agency shall select persons suitable for the performance of duties and shall dispatch them to the support center for repatriating enterprises, except in extenuating circumstances; and the head of a related agency shall consult with the president of the Korea Trade-Investment Promotion Agency when he or she intends to cancel the dispatching of any executive officer or employee during the term of dispatch.
(3) The executive officers and employees dispatched from related agencies to the support center for repatriating enterprises pursuant to paragraph (2) shall perform their duties under the direction and supervision of the president of the Korea Trade-Investment Promotion Agency.
(4) The president of the Korea Trade-Investment Promotion Agency shall prepare a report on the results of assistance provided under Article 17 (1) of the Act during the preceding year and a work plan for the relevant year and shall submit the report and plan to the Minister of Trade, Industry and Energy by January 31 each year.
(5) The Minister of Trade, Industry and Energy may subsidize the support center for repatriating enterprises for operating expenses as necessary.
(6) "Support prescribed by Presidential Decree, including services provided by the Korea Trade-Investment Promotion Agency" in Article 17 (4) of the Act means various types of support offered by the Korea Trade-Investment Promotion Agency to satisfy the needs of repatriating enterprises, including the ascertainment of whether the requirements for support under this Act are met under this Act and whether duplicate support under this Act and under other statutes or regulations is provided. <Newly Inserted on Jun. 22, 2021>
(7) Except as provided in paragraphs (1) through (6), details necessary for the organization and operation of the support center for repatriating enterprises, the handling of civil petitions, and other relevant matters shall be determined by the president of the Korea Trade-Investment Promotion Agency. <Amended on Jun. 22, 2021>
 Article 12-2 (Processing of Personally Identifiable Information)
If it is deemed essential for performing administrative affairs related to the selection of repatriating enterprises eligible for assistance under Article 7 (2) of the Act, the Minister of Trade, Industry and Energy may process data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
[This Article Newly Inserted on Mar. 27, 2017]
 Article 13 (Criteria for Imposition of Administrative Fines)
An administrative fine imposed under Article 21 (1) of the Act shall be 10 million won.
 Article 14 Deleted. <Mar. 10, 2020>
ADDENDUM <Presidential Decree No. 24903, Dec. 4, 2013>
This Decree shall enter into force on December 7, 2013.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 30044, Aug. 13, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change in Scope of Recognition of Identity of Products between Places of Business)
Notwithstanding the amended provisions of Article 3 (2), the previous provisions shall apply to repatriating enterprises eligible for assistance selected pursuant to Article 7 (4) of the Act before this Decree enters into force.
ADDENDUM <Presidential Decree No. 30520, Mar. 10, 2020>
This Decree shall enter into force on March 11, 2020.
ADDENDUM <Presidential Decree No. 31152, Nov. 10, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31812, Jun. 22, 2021>
This Decree shall enter into force on June 23, 2021.
ADDENDA <Presidential Decree No. 32972, Nov. 1, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Establishment and Expansion of Places of Business)
The amended provisions of Article 3 (1) 1 (d) shall begin to apply where repatriating enterprises eligible for assistance are selected under Article 7 of the Act after this Decree enters into force.