ENFORCEMENT DECREE OF THE ACT ON THE FOSTERING OF SELF-EMPLOYED CREATIVE ENTERPRISES
Presidential Decree No. 23191, Sep. 30, 2011
Amended by Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 24716, Sep. 9, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 26466, Aug. 3, 2015
Presidential Decree No. 28213, Jul. 26, 2017
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 31472, Feb. 19, 2021
Presidential Decree No. 31611, Apr. 6, 2021
Presidential Decree No. 33051, Dec. 9, 2022
| Article 2 (Scope of Self-Employed Creative Enterprises) |
| (2) | Specific details for the recognition of a person who operates a type of business, the main business of which does not fall under attached Table 1, as a self-employed creative enterprise, shall be determined and publicly announced by the Minister of SMEs and Startups, in consideration of his or her type of business, manner of operation, etc. <Amended on Aug. 3, 2015; Jul. 26, 2017> |
| (3) | “Enterprise ... meets the standards prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Act means any of the following enterprises: <Newly Inserted on Dec. 9, 2022> |
| 1. | A company under the Commercial Act in which a youth who is 39 years of age or younger (hereafter in this Article referred to as "youth") is registered as an executive officer with representative authority of the company (hereafter in this Article referred to as "company representative"): Provided, That if there are at least two company representatives, it shall be limited to companies in which the number of voting shares (including equity shares; hereafter in this Article the same shall apply) owned by the company representative who is a youth is greater than the number of voting shares owned by the company representative who is not a youth; |
| Article 3 (Grounds for Exclusion from Recognition as Self-Employed Creative Enterprises) |
"Grounds prescribed by Presidential Decree" in the proviso of Article 3 of the Act means grounds that constitute any of the following: | 2. | Where a self-employed creative enterprise which started business ceases to fall under a small and medium enterprise due to the expansion of its size, etc. before the end of the 12th month has passed since the month to which the date of business startup belongs. |
| Article 4 (Designation of Support Centers for Self-Employed Creative Enterprises) |
| (1) | Any person who intends to be designated as a support center for self-employed creative enterprises (hereinafter referred to as "support center") under Article 8 (1) of the Act, shall meet the standards for designation specified in attached Table 2. |
| (2) | Any person who intends to be designated as a support center, shall submit an application for such designation to the head of a related central administrative agency, along with the following documents: |
| 1. | Articles of association or regulations on the operation of business corresponding thereto; |
| 3. | Current status of professionals available; |
| 4. | Details of facilities. |
| (3) | Where the head of a related central administrative agency designates a support center pursuant to Article 8 (1) of the Act, or cancels the designation of the support center or orders the support center to suspend its business affairs pursuant to paragraph (4) of that Article, he or she shall post a notice of such fact on the website. |
| (4) | A person designated as a support center shall submit an operational plan for the relevant year to the head of a related central administrative agency by January 31 every year, and shall analyze its performance for each half year and report its performance to the head of the related central administrative agency within one month after each half year ends. |
| (5) | Criteria for cancelling the designation of a support center and the suspension of its business affairs under Article 8 (4) of the Act shall be as specified in attached Table 3. |
| (6) | Except as provided in paragraphs (1) through (5), necessary matters, including procedures for the designation and operation of a support center, shall be determined and publicly announced by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| Article 5 (Persons Conducting Business Eligible for Support for Transactions of Knowledge Services) |
| (1) | Any person entitled support for transactions of knowledge services under Article 9 (1) of the Act shall be a small and medium enterprise provided with goods or services from a self-employed creative enterprise through an integrated management system under Article 7 of the Act or non-profit corporation incorporated pursuant to Article 32 of the Civil Act. |
| (2) | Any person who intends to obtain support for transactions of knowledge services pursuant to Article 9 (1) of the Act shall submit an application for such support to the Minister of SMEs and Startups, along with the following documents: <Amended on Jul. 26, 2017> |
| 1. | A copy of a contract concluded with the relevant self-employed creative enterprise; |
| 2. | Data that may verify the result of goods or services provided by the relevant self-employed creative enterprise; |
| 3. | Other documents necessary to verify the details of a contract with the relevant self-employed creative enterprise and the details of the performance of the contract. |
| (3) | Upon receipt of an application submitted pursuant to paragraph (2), the Minister of SMEs and Startups shall verify a registration certificate and a business registration certificate of a corporation through data matching of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant refuses consent to the verification of his or her business registration certificate, the Minister of SMEs and Startups shall require the applicant to submit his or her application along with such document. <Amended on Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters, including the scope of business eligible for support for transactions of knowledge services, shall be determined and publicly notified by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| Article 6 (Criteria for Designation of Educational Institutions) |
| (1) | "Human resources and facilities, etc., prescribed by Presidential Decree" in Article 10 (2) of the Act shall be as specified in attached Table 4. |
| (2) | Any person who intends to be designated as an educational institution under Article 10 (2) of the Act, shall submit an application for such designation to the head of a related central administrative agency, along with the following documents: |
| 1. | Personal particulars and qualification of instructors; |
| 2. | Current status of educational facilities; |
| 3. | Documents that may verify whether he or she meets the criteria for designation under paragraph (1). |
| (3) | Upon receipt of an application submitted pursuant to paragraph (2), the head of a related central administrative agency shall verify a registration certificate and a business registration certificate of the relevant corporation through data matching of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant refuses consent to the verification of his or her business registration certificate, the head of a related central administrative agency shall require the applicant to submit his or her application along with the relevant document. |
| (4) | Where the head of a related central administrative agency designates an educational institution pursuant to Article 10 (2) of the Act, or cancels the designation of an educational institution or orders it to suspend its business affairs pursuant to paragraph (4) of the aforesaid Article, he or she shall post a notice of such fact on the website. |
| (5) | Items for which expenses may be fully or partially subsidized for educational institutions pursuant to Article 10 (3) of the Act, shall be as follows: |
| 1. | Instructor fees and allowances; |
| 2. | Expenses incurred in manufacturing teaching materials and purchasing equipment and materials for practice; |
| 3. | Other items deemed necessary for educational training. |
| (6) | Criteria for cancelling designation and suspension of business affairs of an educational institution under Article 10 (4) of the Act, shall be as specified in attached Table 5. |
| (7) | Except as provided in paragraphs (1) through (6), necessary matters, including the operation of educational institutions, shall be determined and publicly announced by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| Article 7 (Procedures for Support for Technological Development) |
| (1) | Any person who intends to obtain support for technological development under Article 11 (1) of the Act, shall submit an application for such support to the Minister of SMEs and Startups, along with the following documents: <Amended on Sep. 9, 2013; Jul. 26, 2017> |
| 1. | A technological development plan; |
| 2. | Other documents deemed necessary by the Minister of SMEs and Startups. |
| (2) | Upon receipt of an application submitted pursuant to paragraph (1), the Minister of SMEs and Startups shall verify a registration certificate (only applicable where an applicant is a corporation) and a business registration certificate of a corporation through data matching of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant refuses consent to the verification of his or her business registration certificate, the Minister of SMEs and Startups shall require the applicant to submit his or her application along with such document. <Amended on Jul. 26, 2017> |
| (3) | The scope of support for technological development under Article 11 (2) of the Act shall be as follows: <Amended on Sep. 9, 2013; Jul. 26, 2017> |
| 1. | Support for technological development to promote technological innovations and improve technological prowess; |
| 2. | Support for the evaluation, transfer, and utilization of developed technologies; |
| 3. | Other matters the Minister of SMEs and Startups deems necessary to promote the technological development of self-employed creative enterprises and small and medium enterprises. |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters, including procedures for support for technological development, shall be determined and publicly announced by the Minister of SMEs and Startups. <Amended on Sep. 9, 2013; Jul. 26, 2017> |
[Title Amended on Sep. 9, 2013]
| Article 8 (Criteria for Selection of Enterprises Eligible for Support for Commercialization of Ideas) |
| (1) | Any self-employed creative enterprise that intends to obtain support for the commercialization of ideas (hereinafter referred to "support for the commercialization of ideas") pursuant to Article 12 (1) of the Act shall submit an application for such support to the head of a related central administrative agency, along with the following documents: |
| 1. | Descriptions of ideas or descriptions of products; |
| 2. | Documents evidencing the attainment and the receipt of a prize (only the relevant person is required to submit such documents); |
| 3. | Other reference data necessary for evaluation. |
| (2) | Where the head of a related central administrative agency selects a self-employed creative enterprise eligible for support for the commercialization of ideas, he or she shall review the following: |
| 1. | Prospects of commercialization; |
| 2. | Technology and marketability; |
| 3. | Whether support was provided in the past and ideas are duplicated by other government-supported tasks; |
| 4. | Ripple effect on industries. |
| (3) | Deleted. <Aug. 3, 2015> |
| (4) | The scope of support for the commercialization of ideas shall be as follows: |
| 1. | Advice for the commercialization of ideas; |
| 2. | Financing necessary to develop test products; |
| 3. | Support for marketing, the exploration of new markets, etc. of commercialized products. |
| (5) | In addition to matters provided in paragraphs (1), (2), and (4), necessary matters, including detailed matters and procedures for evaluation for the selection of self-employed creative enterprises eligible for support for the commercialization of ideas, shall be determined and publicly announced by the Minister of SMEs and Startups. <Amended on Aug. 3, 2015; Jul. 26, 2017> |
| Article 9 (Designation of Institutions Solely in Charge) |
| (1) | The Minister of SMEs and Startups may designate an institution solely in charge of business affairs on self-employed creative enterprises (hereinafter referred to as "institution solely in charge") from among any of the following institutions or entities, pursuant to Article 16 (1) of the Act: <Amended on Jul. 26, 2017> |
| 3. | Other institutions or entities which the Minister of SMEs and Startups deems to have professionals and the organization solely in charge necessary to conduct affairs concerning support for self-employed creative enterprises. |
| (2) | Where the Minister of SMEs and Startups designates an institution solely in charge pursuant to paragraph (1), he or she shall post a notice of such fact on the website of the Ministry of SMEs and Startups. <Amended on Jul. 26, 2017> |
| (3) | The head of an institution solely in charge shall formulate a plan to implement detailed measures and a plan to expend funds concerning affairs entrusted pursuant to Article 21 (2) of the Act and shall submit such plans to the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters, including the designation and operation of an institution solely in charge, shall be determined and publicly announced by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017> |
| Article 10 (Special Cases concerning the Food Industry Promotion Act and the Seafood Industry Promotion and Support Act) |
[Title Amended on Feb. 19, 2021]
| Article 11 (Entrustment of Affairs) |
| (1) | The head of a central administrative agency may entrust the following affairs to an institution solely in charge pursuant to Article 21 (2) of the Act: <Amended on Sep. 9, 2013> |
| 7. | Support for the commercialization of ideas of self-employed creative enterprises under Article 12 of the Act; |
| Article 12 Deleted. <Mar. 3, 2020> |
ADDENDUM <Presidential Decree No. 23191, Sep. 30, 2011>
This Decree shall enter into force on October 5, 2011.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24716, Sep. 9, 2013>
This Decree shall enter into force on September 23, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26466, Aug. 3, 2015>
This Decree shall enter into force on August 4, 2015.
ADDENDA <Presidential Decree No. 28213, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31472, Feb. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 19, 2021.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31611, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on April 8, 2021.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 33051, Dec. 9, 2022>
This Decree shall enter into force on December 11, 2022.