ENFORCEMENT DECREE OF THE INDUSTRIAL CLUSTER DEVELOPMENT AND FACTORY ESTABLISHMENT ACT
Presidential Decree No. 18039, jun. 30, 2003
Amended by Presidential Decree No. 18292, Feb. 25, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18457, jun. 29, 2004
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 18847, May 26, 2005
Presidential Decree No. 19169, Dec. 9, 2005
Presidential Decree No. 19241, Dec. 30, 2005
Presidential Decree No. 19385, Mar. 10, 2006
Presidential Decree No. 19944, Mar. 22, 2007
Presidential Decree No. 20046, May 2, 2007
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20331, Oct. 23, 2007
Presidential Decree No. 20383, Nov. 15, 2007
Presidential Decree No. 20428, Nov. 30, 2007
Presidential Decree No. 20446, Dec. 13, 2007
Presidential Decree No. 20595, Feb. 4, 2008
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21185, Dec. 24, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21267, Jan. 16, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21665, Aug. 5, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22273, Jul. 12, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22497, Nov. 19, 2010
Presidential Decree No. 22872, Apr. 5, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 22987, jun. 27, 2011
Presidential Decree No. 23259, Oct. 26, 2011
Presidential Decree No. 23297, Nov. 16, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 24228, Dec. 12, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24798, Oct. 16, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25250, Mar. 11, 2014
Presidential Decree No. 25279, Mar. 24, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 26577, Oct. 6, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 26980, Feb. 12, 2016
Presidential Decree No. 27027, Feb. 29, 2016
Presidential Decree No. 27105, Apr. 26, 2016
Presidential Decree No. 27115, Apr. 29, 2016
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27444, Aug. 11, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 28409, Oct. 31, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 30094, Sep. 24, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30672, May 12, 2020
Presidential Decree No. 30993, Sep. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31741, jun. 8, 2021
Presidential Decree No. 31982, Sep. 14, 2021
Presidential Decree No. 32223, Dec. 16, 2021
Presidential Decree No. 32352, Jan. 21, 2022
Presidential Decree No. 32411, Feb. 11, 2022
Presidential Decree No. 32449, Feb. 17, 2022
Presidential Decree No. 32447, Feb. 17, 2022
Presidential Decree No. 32587, Apr. 19, 2022
Presidential Decree No. 32625, May 3, 2022
Presidential Decree No. 32733, jun. 28, 2022
Presidential Decree No. 33366, Mar. 28, 2023
Presidential Decree No. 33399, Apr. 11, 2023
Presidential Decree No. 33466, May 15, 2023
Presidential Decree No. 33621, Jul. 7, 2023
[This Article Wholly Amended on Aug. 5, 2009]
| Article 2 (Scope of Factory) |
| (2) | The following shall be included in the scope of the manufacturing business under subparagraph 1 of Article 2 of the Act: <Amended on Mar. 23, 2013> |
| 1. | Manufacturing facilities necessary for the manufacturing business (including facilities for processing, assembling, and repairing goods; hereinafter the same shall apply) and pilot manufacturing facilities; |
| 2. | In cases of engaging in the manufacturing business, ancillary facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy, which are installed in the relevant factory site for the management and support of the manufacturing facilities, and for the welfare of employees; |
| 3. | In cases of engaging in the manufacturing business, facilities which should be installed mandatorily in accordance with related statutes or regulations; |
| 4. | Factory sites where the facilities under subparagraphs 1 through 3 have been installed. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 3 Deleted. <Jul. 12, 2010> |
| Article 4 Deleted. <Jul. 12, 2010> |
| Article 4-2 Deleted. <Jul. 12, 2010> |
| Article 4-3 (System of Forming Industrial Cluster) |
"Cluster that generates synergistic effects through mutual links by concentrating companies, research institutes, universities and corporate-support facilities in a specific area" in subparagraph 6 of Article 2 of the Act means a cluster that generates the synergistic effects through mutual links with systems referred to in the following subparagraphs concentrated in a certain area: | 1. | Industrial production system comprised of large enterprises and small and medium-sized enterprises in charge of production functions; |
| 2. | Industrial technology system comprised of universities and research institutes in charge of research and development functions; |
| 3. | Corporate-support system comprised of institutions in charge of various support functions, such as marketing, finance, insurance, and consulting. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 4-4 (Knowledge-Based Industry) |
"Industries prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following industries: | 1. | Knowledge industry referred to in Article 6 (2); |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 4-5 (Scope of Public Facilities) |
"Public facilities prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means the following facilities: <Amended on Apr. 5, 2011; Dec. 8, 2011; Jan. 16, 2018> [This Article Newly Inserted on Jul. 12, 2010]
[Previous Article 4-5 moved to Article 4-6 <Jul. 12, 2010>]
| Article 4-6 (Knowledge Industry Center) |
"Building prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act means a building satisfying each of the following requirements: <Amended on Jun. 27, 2011; Oct. 26, 2011; Jun. 30, 2015> | 1. | A collective building having at least three floors above ground; |
| 2. | A building which can house at least six units of factories, business places of knowledge industry referred to in Article 6 (2), or business places of information and communications industry referred to in paragraph (3) of the same Article; |
| 3. | A building, the total floor area (limited to aboveground floors) of which referred to in Article 119 (1) 3 of the Enforcement Decree of the Building Act is equal to or exceeds 300 percent of the building area referred to in subparagraph 2 of the same paragraph: Provided, That where the total floor area of a building fails to be equal to or exceed 300 percent of the building area as the building falls under any of the following items, the highest rate permitted by a relevant statute or regulation shall apply thereto: |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
[Moved from Article 4-5 <Jul. 12, 2010>]
| Article 5 (Management Business of Industrial Complex) |
| (1) | "Affairs prescribed by Presidential Decree" in the provisions, with the exception of the items, subparagraph 15 of Article 2 of the Act means the following business: <Amended on Jul. 12, 2010> |
| 1. | Business concerning the formulation and execution of a master plan for managing an industrial complex (hereinafter referred to as "management master plan") under Article 33 (1) of the Act; |
| 2. | Business concerning the formulation of a plan regarding public facilities, support facilities and public facilities, and the installation and operation thereof; |
| 3. | Business concerning sale and lease of industrial sites, ex post facto management, and occupancy of industrial sites; |
| 4. | Business concerning building factories, knowledge industry centers and other facilities for occupant enterprises and support institutions, and sale and lease thereof; |
| 5. | Business concerning the supply of water, electricity, steam, gas, and oil to occupant enterprises and support institutions; |
| 6. | Business concerning the collection of expenses from users for building, maintenance, repair, or improvement of industrial sites and facilities; |
| 7. | Business concerning improving the structures of industrial complexes; |
| 8. | Business concerning support of funds, technology, human resources, market, etc. to occupant enterprises; |
| 9. | Business concerning the construction of environmentally friendly industrial complexes and the prevention of environmental pollution; |
| 10. | Business concerning guarding facilities in an industrial complex and the prevention of industrial accidents; |
| 11. | Other businesses necessary for the operation of industrial complexes and support in production activities of occupant enterprises. |
| (2) | "Infrastructure prescribed by Presidential Decree" in subparagraph 15 (b) of Article 2 of the Act means the facilities referred to in the following subparagraphs: Provided, That facilities owned by occupant enterprises or support institutions, or facilities for which an administrator is designated in accordance with other statutes or regulations, shall be excluded herefrom: |
| 1. | Roads, environmental pollution preventing facilities, water supply facilities, information and communications facilities, energy supply facilities and other public facilities; |
| 2. | Facilities, other than those under subparagraph 1, which are commonly used by occupant enterprises and support institutions. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 6 (Qualifications for Occupancy in Industrial Complex) |
| (1) | "Enterprise or agency qualified under Presidential Decree" in subparagraphs 18 and 19 of Article 2 of the Act means: |
| 1. | An enterprise or agency that engages in business necessary for industries and facilities subject to occupancy or for business support for occupant enterprises according to the relevant industrial complex’s management master plan; |
| 2. | An enterprise or agency that has obtained, or is able to obtain, authorization, permission, etc. pursuant to the relevant Acts and regulations for performing the relevant business. |
| (2) | "Knowledge industry" in subparagraph 18 of Article 2 of the Act means the following industries that create high value-added knowledge services by means of creative mental activities: <Amended on Jun. 24, 2011; Oct. 26, 2011; Dec. 12, 2012; Aug. 6, 2014; Oct. 6, 2015; Sep. 14, 2021; Feb. 17, 2022> |
| 1. | Research and development business specified in the Korean Standard Industrial Classification; |
| (a) | A university which moves into a university-industry collaboration zone referred to in subparagraph 8-2 of Article 2 of the Act; |
| (b) | A university with a total ground area of 20,000 square meters or less; |
| (c) | A university with an area for facilities, such as study rooms for joint research with enterprises, equipment support facilities for research and development, and enterprise-annexed laboratories, which accounts for at least 50/100 of the total ground area; |
| 4. | Architectural technology and engineering and other science and technology service business; |
| 5. | Advertisement making business; |
| 6. | Business of producing movies, videos, and broadcasting programs; |
| 8. | Specialized design business; |
| 9. | Packaging and filling business; |
| 10. | Any of the following educational services: |
| (b) | Educational services provided by universities satisfying all the requirements in the items of subparagraph 3; |
| (c) | Educational services provided by universities in industrial complexes pursuant to Article 2-7 of the University Establishment and Operation Regulations; |
| 11. | Business management consulting services (limited only to enterprises providing consulting services on and support for finance, human resources, production, market management, or strategic planning); |
| 12. | Translation and interpretation services; |
| 13. | Exhibition and event agent business; |
| 14. | Environmental purification and restoration business; |
| 15. | Service business related to the production of movies, videos, and broadcasting programs; |
| 16. | Publishing business of music and other audio materials; |
| 17. | Market research and public opinion poll business; |
| 18. | Business and a brokerage business of intangible property right; |
| 19. | Appraisal of goods, measuring and sampling business; |
| 20. | Leasing services of intangible properties; |
| 21. | Advertising agencies; |
| 22. | Outdoor and exhibition advertising business; |
| 23. | Maintenance services for business facilities; |
| 24. | Security system services; |
| 25. | Call center and telemarketing services; |
| 27. | Other industries specified in the Korean Standard Industrial Classification, which are recognized by management agencies as specialized, scientific, and technological service business. In such cases, the relevant industry shall be posted on the website of the competent management agency. |
| (3) | "Information and communications industry" in subparagraph 18 of Article 2 of the Act means the following industries for collecting, processing, storage, search, transmission, receipt of information and the utilization thereof, and equipment, technology, services related thereto, and for the promotion of informatization: <Amended on Jan. 5, 2021> |
| 1. | Computer programing, system integration and management business; |
| 2. | Software development and supply business; |
| 3. | Data processing, hosting (referring to such services as server rental and operation), and other related service activities; |
| 4. | Database and on-line content provision business; |
| 5. | Telecommunications business. |
| (4) | "Resource storage facilities" in subparagraph 18 of Article 2 of the Act means facilities for storing energy resources, such as coal, petroleum, atomic energy, or natural gas. |
| (5) | "Industries prescribed by Presidential Decree" in subparagraph 18 of Article 2 of the Act means the following industries: Provided, That this refers to all kinds of business other than the restricted types of business listed in attached Table 1 in the case of the industrial facilities zones referred to in the main clause of Article 33 (8) of the Act which is specified in the administrative guidelines under Article 32 (1) of the Act: <Amended on Jul. 12, 2010; Oct. 16, 2013; Mar. 11, 2014; May 6, 2015; May 12, 2020; Apr. 11, 2023> |
| 1. | Waste collection, transportation, disposal, and raw material recycling business; |
| 2. | Waste water treatment business; |
| 3. | Warehousing business, business installing and operating cargo terminals and other distribution facilities; |
| 4. | Transportation business (excluding passenger transportation business); |
| 5. | Industrial machinery and equipment leasing business; |
| 6. | Real estate leasing and supply business; |
| 7. | Industries, such as agricultural, forestry and fishery industries which the head of a Si (including the head of an administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), the head of a Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) requires to move into the agro-industrial complex according to an agro-industrial complex management master plan for promoting specialized industry (hereinafter referred to as "regional specialized industry"); |
| 9. | Industries designated in a management master plan as industries to be invited to the relevant industrial complex for the purpose of creating the industrial complex, revitalizing regional economy, etc.; |
| 11-2. | Business for providing heat and steam only to a person who conducts business for collective energy in the industrial complex referred to in subparagraph 11 (limited to the cases where the competent management agency deems that it does not obstruct the business operation of occupant enterprises by decreasing the efficiency of energy supply and occurring environmental pollution, etc.); |
| (a) | Where the ownership of an industrial site is acquired for the establishment of a knowledge industry center; |
| (b) | Where the ownership of an industrial site, factory buildings, or other facilities is acquired for the management, sale, and acquisition and disposal of assets of a restructuring company under Article 26 (1) 2 (d) of the Act on the Establishment of Korea Asset Management Corporation; |
| 13. | Industries similar to, or related to, manufacturing business, knowledge industry, information and communications industry, operation of resources stockpiling facilities, which are deemed necessary and publicly notified by the Minister of Trade, Industry and Energy for the promotion of convergence and integration between new industries or industries. |
| (6) | "Business prescribed by Presidential Decree" in subparagraph 19 of Article 2 of the Act means any business, excluding the following businesses: <Amended on Sep. 24, 2019; Sep. 14, 2021; May 15, 2023> |
| 1. | The following businesses specified in the sections of the Korean Standard Industrial Classification: Provided, That this shall not apply to any business sub-classified under any of the following businesses, which is determined under the management master plan of the relevant industrial complex as the business is deemed necessary to support business of occupant enterprises: |
| (a) | Agriculture, forestry, and fishing; |
| (c) | Manufacturing business; |
| 3. | Business of establishing and operating any of the following facilities: |
| 4. | Any other business determined under the management master plan of the relevant industrial complex, as it is deemed necessary to exclude such business from businesses operated by a support institution. |
| (7) | Notwithstanding paragraph (1) 1, where a management agency deems it necessary for the purpose of creating an industrial complex, for revitalization of a regional economy, or for the national economy, it may qualify any person for occupancy in the relevant industrial complex upon approval from the authorized administrator (in cases of a management agency of an agro-industrial complex, referring to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Mayor/Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor")). <Amended on Jun. 30, 2015> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 7 (Master Plan for Promoting Industry Clustering) |
| (1) | A master plan for promoting industry clustering under Article 3 (1) of the Act (hereinafter referred to as "master plan for promoting industry clustering") shall be publicly notified in the Official Gazette. |
| (2) | "Industries with high growth potential prescribed by Presidential Decree" in Article 3 (2) 1 of the Act means the industries referred to in the following subparagraphs: <Amended on Mar. 23, 2013> |
| 1. | Knowledge-based industries; |
| 2. | Industries suitable for the conditions of a site by region, which can lead regional development and are determined and publicly notified by the Minister of Trade, Industry and Energy, such as the automobile industry, the shipbuilding industry. |
| (3) | Where the Minister of Trade, Industry and Energy intends to formulate or change a master plan for promoting industry clustering pursuant to the main clause of Article 3 (3) of the Act, he or she shall consider the following: <Amended on Mar. 23, 2013> |
| 2. | Matters regarding industrial development vision and strategies by region; |
| 3. | Matters regarding industrial capability by region and by zone; |
| 4. | Matters regarding the present status of and challenges to industrial clustering by region. |
| (4) | "Insignificant matters prescribed by Presidential Decree" in the proviso of Article 3 (3) of the Act means the following: |
| 1. | Matters of change following the change in an administrative district; |
| 2. | Matters of change regarding industrial clustering by year and by business type. |
| (5) | Where necessary for the formulation and change of a master plan for promoting industry clustering, the Minister of Trade, Industry and Energy may request cooperation from the head of the relevant central administrative agency and the Mayor/Do Governor. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 7-2 (Designation of Industrial Cluster Planning Organization) |
| (1) | The Mayor/Do Governor may designate a juristic person established for the promotion of regional industries as an industrial cluster planning organization or establish the same where necessary to have it conduct affairs referred to in the following subparagraphs for the formulation of a plan for promoting regional industries (hereinafter referred to as "plan for promoting regional industries") pursuant to Article 3-2 (1) of the Act. In such cases, he or she shall consult with the Minister of Trade, Industry and Energy in advance: <Amended on Mar. 23, 2013> |
| 1. | Collection of information and presentation of strategies for the formulation of a plan for promoting regional industries; |
| 2. | Development of specific programs for assistance to enterprises for a plan for promoting regional industries; |
| 3. | Discovery of cooperation projects between regions and between enterprises; |
| 4. | Arrangement of a plan for building cooperation systems among industries, universities and research institutes; |
| 5. | Matters regarding inducement of investment by domestic and foreign enterprises; |
| 6. | Other matters related to the formulation of a plan for promoting regional industries. |
| (2) | The head of the relevant central administrative agency or the Mayor/Do Governor may give assistance necessary for the establishment or operation of an industrial cluster planning organization under paragraph (1). |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 7-3 (Submission of Plan for Promoting Regional Industries) |
| (1) | Where the Mayor/Do Governor intends to receive assistance pursuant to Article 3-2 (2) of the Act, he or she shall submit a plan for promoting regional industries to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Where a plan for promoting regional industries is submitted pursuant to paragraph (1), the Minister of Trade, Industry and Energy may, after evaluation of the feasibility of the matters referred to in the following subparagraphs, etc., provide assistance according to the results thereof. In such cases, he or she shall consult with the head of the relevant central administrative agency on the following matters: <Amended on Mar. 23, 2013> |
| 1. | The present status of industries of a region; |
| 2. | The industrial development capability of the region; |
| 3. | The industrial development vision of the region; |
| 4. | The detailed execution plan to foster regional industries; |
| 6. | Other matters necessary for promoting regional industries. |
| (3) | The Minister of Trade, Industry and Energy may conduct an annual evaluation of business for each business to which he or she supports for the promotion of regional industries pursuant to Article 3-2 (2) of the Act from the following year of the commencement of business and grade the assistance to business by reflecting the results thereof. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Trade, Industry and Energy deems it necessary for promoting regional industries, or there is a request by the Mayor/Do Governor, he or she may request the head of the relevant central administrative agency to establish necessary countermeasures. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 7-4 Deleted. <Aug. 5, 2009> |
| Article 7-5 Deleted. <Aug. 5, 2009> |
| Article 7-6 Deleted. <Aug. 5, 2009> |
| Article 7-7 Deleted. <Aug. 5, 2009> |
| Article 7-8 Deleted. <Aug. 5, 2009> |
| Article 8 (Consultation with Specialized Institution) |
| (1) | When the Minister of Trade, Industry and Energy deems it necessary for important matters regarding policies on industrial clustering and industrial sites or for investigation of a site, he or she may consult with a specialized institution or request for investigation or research. <Amended on Mar. 23, 2013> |
| (2) | In cases falling under paragraph (1), the Minister of Trade, Industry and Energy may bear some of the expenses incurred by a specialized institution within the budget, and when the relevant administrative agency which needs consultation, or investigation or research on policies on industrial clustering and industrial sites, exists independently, he or she may consult with the head of the relevant administrative agency and have him or her bear such expenses. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 8-2 (Affairs of Factory Establishment Management Information System) |
| (1) | Affairs which may be handled with the Factory Establishment Management Information System, referred to in Article 6-2 (1) of the Act (hereinafter referred to as "Factory Establishment Management Information System") shall be as follows: <Amended on Jun. 30, 2015> |
| 2. | Affairs concerning the use of data processed with the Factory Establishment Management Information System, pursuant to Article 6-3 (1) of the Act (hereinafter referred to as "electronic data"); |
| 3. | Affairs concerning the establishment and expansion of factories or change of a type of business pursuant to Article 13 (1) of the Act (hereinafter referred to as "factory establishment, etc."). |
| (2) | "Applications or submission of materials prescribed by Presidential Decree" in Article 6-2 (2) 5 of the Act means any of the following application or submission of materials and others: <Amended on Mar. 23, 2013; Jun. 28, 2022> |
| 5. | Other applications or submission of materials prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | "Other affairs prescribed by Presidential Decree" in Article 6-2 (3) of the Act means the following affairs: <Amended on Feb. 12, 2016; Jun. 28, 2022> |
| (4) | Where the Mayor/Do Governor, the head of a Si/Gun/Gu or a management agency handles the affairs referred to in the subparagraphs of Article 6-2 (2) of the Act without using the Factory Establishment Management Information System, he or she shall input the data on approval, etc. into the Factory Establishment Management Information System, and shall manage such data without delay. <Amended on Oct. 6, 2015> |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 8-3 (Use of Electronic Data Processed by Factory Establishment Management Information System) |
| (1) | Deleted. <Jun. 30, 2015> |
| (2) | Deleted. <Jun. 30, 2015> |
| (3) | Deleted. <Jun. 30, 2015> |
| (4) | "The scope of not violating the standards for protection of personal information of factory establishers, etc. prescribed by Presidential Decree" in the Article 6-3 (1) of the Act means cases in which the following information is not included: <Amended on Mar. 23, 2013; Jun. 30, 2015> |
| 1. | Name and resident registration number; |
| 2. | Corporation registration number and business registration number; |
| 3. | Information prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as contact information. |
| (5) | Notwithstanding paragraph (4), in any of the following cases, the Minister of Trade, Industry and Energy may allow the use of electronic data in which information referred to in paragraph (4) is included: <Amended on Mar. 23, 2013; Jun. 30, 2015> |
| 1. | Where otherwise prescribed by other statutes; |
| 2. | Where factory establishers, etc. grant consent thereto; |
| 3. | Where it is necessary for the purposes of statistical compilation, academic research, etc. (excluding paragraph (4) 1 and 2). |
| (6) | The scope of and criteria for the provision of information to persons who use the electronic data, period of inspection of information, etc. shall be prescribed by the operating guidelines for the Factory Establishment Management Information System under Article 8-4 (5). <Amended on Jun. 30, 2015> |
[This Article Wholly Amended on Oct. 26, 2011]
| Article 8-4 (Organization and Operation of Factory Establishment Management Information System) |
| (1) | The Corporation entrusted with business affairs pursuant to Article 59 (6) (hereinafter referred to as "entrusted business operator") shall conduct the following: <Amended on Oct. 26, 2011; Mar. 23, 2013> |
| 1. | Basic surveys, design and composition of the Factory Establishment Management Information System; |
| 2. | Construction, provision and operation of electronic data; |
| 3. | Installation and security management of electronic data processing equipment, such as computers and communications equipment; |
| 4. | Survey on demand for the Factory Establishment Management Information System and research on various data; |
| 5. | Collection and management of information; |
| 5-2. | Inspection and issuance of certificates of civil petitions by the Factory Establishment Management Information System; |
| 6. | Other businesses deemed necessary and requested by the Minister of Trade, Industry and Energy. |
| (2) | An entrusted business entity shall prepare each year a plan for the project on the Factory Establishment Management Information System, in which the matters referred to in the subparagraphs of paragraph (1) are included, and results of implementation thereof, as determined by the Minister of Trade, Industry and Energy, and shall submit them to the Minister of Trade, Industry and Energy. <Amended on Oct. 26, 2011; Mar. 23, 2013> |
| (3) | When an entrusted business entity has changed a business plan submitted pursuant to paragraph (2), he or she shall submit the changed plan to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Trade, Industry and Energy may provide necessary funds, equipment, technology, or administrative support within budgetary limits so that an entrusted business entity may smoothly conduct business concerning the construction and operation of the Factory Establishment Management Information System. <Amended on Oct. 26, 2011; Mar. 23, 2013> |
| (5) | With respect to other matters necessary for operating the Factory Establishment Management Information System, the Minister of Trade, Industry and Energy shall prepare and publicly notify guidelines for operating the Factory Establishment Management Information System (hereinafter referred to as "operating guidelines for the Factory Establishment Management Information System"). <Amended on Oct. 26, 2011; Mar. 23, 2013> |
| (6) | An entrusted business entity may require the heads of local governments and heads of public institutions who use the operating guidelines for the Factory Establishment Management Information System to pay some of the costs incurred in operating the operating guidelines for the Factory Establishment Management Information System. <Newly Inserted on Oct. 26, 2011> |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Oct. 26, 2011]
| Article 8-5 (Direction and Supervision of Users of Electronic Data) |
The Minister of Trade, Industry and Energy may request persons who use electronic data to submit the following materials pursuant to Article 6-3 of the Act, and may direct and supervise such persons with respect to the status of use of electronic data, safety management, etc. pursuant to Article 6-4 (1) of the Act: <Amended on Mar. 23, 2013> | 1. | Materials on the status of use of electronic data; |
| 2. | Materials on safety management measures to keep step with the use of electronic data; |
| 3. | Other materials prescribed by the operating guidelines for the Factory Establishment Management Information System. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 9 (Business of Industrial Site Research Center) |
The Industrial Site Research Center prescribed in Article 7 (1) of the Act (hereinafter referred to as the "Industrial Site Research Center") shall conduct the following businesses: <Amended on Jul. 12, 2010; Jun. 30, 2015> | 1. | Investigation, research, and consultation for the formulation of policies on industrial sites; |
| 2. | Investigation, research, and consultation for the promotion of industrial clustering; |
| 3. | Investigation, research, and consultation for the promotion of regional industries; |
| 4. | Investigation into and research on domestic and foreign systems related to industrial clustering and industrial sites; |
| 5. | Investigation, research, and consultation related to an industrial complex structure improvement project, and competitiveness strengthening project for industrial clusters; |
| 6. | Support in investigation, research and consultation on the current status of industries of North Korean districts and systems for support to enterprises; |
| 7. | Other businesses necessary related to industrial clustering and industrial sites. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 9-2 Deleted. <Sep, 4, 2006> |
| Article 10 (Fees of Industrial Site Research Center) |
| (1) | To cover expenses incurred in conducting the businesses referred to in Article 9, the Industrial Site Research Center may collect fees within the extent of actual expenses from persons who have been provided with the information on industrial sites, etc., or who have requested for consultation, mediation, etc. |
| (2) | Where the Industrial Site Research Center intends to collect fees pursuant paragraph (1), it shall obtain approval from the Minister of Trade, Industry and Energy in advance. The same shall also apply when it intends to modify the approved matters. <Amended on Mar. 23, 2013> |
| (3) | When the Industrial Site Research Center intends to obtain approval from the Minister of Trade, Industry and Energy pursuant to paragraph (2), it shall post the amount of fee and details of the calculation thereof on the website of the Korea Industrial Complex Corporation referred to in Article 45-17 of the Act (hereinafter referred to as the "Corporation") for 20 days, in order to seek the opinions of interested persons thereon: Provided, That in case of emergency, it may post such matters on the website of the Corporation for 10 days by clarifying the grounds therefor. <Newly Inserted on Apr. 5, 2011; Oct. 26, 2011; Mar. 23, 2013; Mar. 11, 2014; Jun. 8, 2021> |
| (4) | When the Industrial Site Research Center obtains approval from the Minister of Trade, Industry and Energy pursuant to paragraph (2), it shall post the matters for which the approval is obtained and details of the calculation of actual expenses on the Corporation’s website. <Newly Inserted on Apr. 5, 2011; Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 11 (Supervision of Industrial Site Research Center) |
| (1) | The Minister of Trade, Industry and Energy may require the Industrial Site Research Center to report its operation, accounting, and other necessary matters. <Amended on Mar. 23, 2013> |
| (2) | When the Minister of Trade, Industry and Energy recognizes that the businesses or accounting practices of the Industrial Site Research Center are in violation of the relevant statutes or regulations, he or she may inspect the business affairs or accounting of the Industrial Site Research Center. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy recognizes that the business affairs or accounting practices of the Industrial Site Research Center are markedly unreasonable, he or she may direct it to take necessary measures, such as the correction of business within a fixed period. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 11-2 (Organization and Operation of Factory Establishment Support Center) |
| (1) | A factory establishment support center referred to in Article 7-2 (1) of the Act (hereinafter referred to as the "factory establishment support center") shall be primarily comprised of persons with considerable knowledge of and experience in the management and operation of factory information, factory establishment, etc. from among the executive officers and employees of the Corporation. <Amended on Jul. 12, 2010; Oct. 26, 2011> |
| (2) | The head of the factory establishment support center shall analyze the results of support for factory establishment for each half year and report such results to the Minister of Trade, Industry and Energy within one month after the end of every half year. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy may provide support in terms of necessary funds, facilities, technology, or administration within budgetary limits so that the factory establishment support center may smoothly conduct the relevant businesses. <Amended on Mar. 23, 2013> |
| (4) | Articles 10 and 11 shall apply mutatis mutandis to the supervision, fees, etc. of the factory establishment support center. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 11-3 (Organization and Operation of Ombudsman’s Office for Factory Establishment) |
| (1) | The ombudsman’s office for factory establishment prescribed in Article 7-3 (1) of the Act (hereafter referred to as the "Office" in this Article) shall primarily consist of private specialists with substantial knowledge of and experience in the statutes or regulations and practical business related to the establishment and operation of factories, and executive officers and employees of the Corporation as the key attributes. |
| (2) | The head of the Office shall be appointed by the Minister of Trade, Industry and Energy from among persons with extensive knowledge of and experience in business relating to factory establishment. <Amended on Mar. 23, 2013> |
| (3) | The head of the Office shall report the present status and business performance for each half year of the Office to the Minister of Trade, Industry and Energy within one month after the end of each half year. <Amended on Mar. 23, 2013> |
| (4) | Article 11-2 (3) shall apply mutatis mutandis to support for the Office, etc. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 11-4 (Organization and Operation of Industrial Site Support Group) |
| (1) | An industrial site support group referred to in Article 7-4 (1) of the Act (hereinafter referred to as "site support group") shall be comprised of public officials and private specialists conducting businesses related to factory establishment, such as urban or Gun planning, industrial sites, construction, and the environment. <Amended on Apr. 10, 2012> |
| (2) | A site support group shall be in charge of the following: |
| 1. | Providing information on a site suitable for a type of business; |
| 2. | Examining prior feasibility as to whether the establishment of a factory is feasible; |
| 3. | Proposing improvement in various systems concerning policies on industrial sites; |
| 4. | Other necessary affairs in connection with support in sites. |
| (3) | If necessary when conducting the affairs prescribed in paragraph (2), the head of a site support group may request the relevant administrative agency or a related agency to cooperate with him or her. |
| (4) | In addition to the matters prescribed in paragraphs (1) through (3), the Mayor/Do Governor may determine matters necessary for the establishment and operation of a site support group, according to the Rules. |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 12 (Details of Public Notice of Standards of Factory Sites) |
| (1) | "Statutes or Regulations prescribed by Presidential Decree, such as the National Land Planning and Utilization Act" in subparagraph 1 of Article 8 of the Act means the statutes or regulations referred to in the following subparagraphs: <Amended on Jan. 16, 2018> |
| 15. | Other statutes or regulations on the utilization of land and environment relating to factory establishment. |
| (2) | The area of a factory site prescribed in subparagraph 2 of Article 8 of the Act shall be the horizontally projected area of a site on which a factory has been built. |
| (3) | "Area of a factory building, etc. prescribed by Presidential Decree" in subparagraph 2 of Article 8 of the Act means the composite of areas referred to in the following subparagraphs: |
| 1. | A floor area of each floor of a building in a factory site; |
| 2. | The horizontally projected area of machinery, equipment and other structures installed outside the building, and inside the factory site (hereinafter referred to as "outdoor structure"). |
| (4) | The standards for factory sites pursuant to Article 8 of the Act shall be publicly notified in the Official Gazette. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 12-2 Deleted. <Jun. 30, 2003> |
| Article 13 Deleted. <Jul. 10, 1997> |
| Article 14 (Calculation of Standard Factory Construction Area) |
| (1) | The standard factory construction area prescribed in Article 11 (1) of the Act shall be calculated according to the following formula: |
Standard factory construction area ＝ the area of a factory site × standard factory area ratio.
| (2) | "Period prescribed by Presidential Decree" in Article 11 (3) of the Act means four years: Provided, That the head of a Si/Gun/Gu or a management agency may extend such period where it is deemed unavoidable to construct a factory for a period exceeding that period in consideration of the economic conditions of the region, or the scale of a factory, etc. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 15 (Exception to Application of Standard Factory Construction Area) |
"Cause prescribed by Presidential Decree" in the proviso of Article 11 (1) of the Act means any of the following: <Amended on May 12, 2020> | 2. | A site where an airstrip, railroad, or road of six meters or wider is in a factory; |
| 3. | A site where the roadside zone was established, thus building of a factory is difficult; |
| 4. | A site used for a large scale reservoir or settling pond due to the characteristics of a manufacturing process; |
| 6. | A site that slopes at a gradient of 30 or more degrees, thus the head of a Si/Gun/Gu or a management agency recognizes it as difficult to construct a factory; |
| 7. | A site, other than the sites prescribed in subparagraphs 1 through 6, which is deemed by the head of a Si/Gun/Gu or a management agency that construction in conformity with the standard factory construction area may cause substantial trouble to factory operations; |
| 8. | A site where a lessee of a factory site constructs a factory. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 16 Deleted. <Aug. 9, 1999> |
| Article 17 Deleted. <Aug. 9, 1999> |
| Article 18 Deleted. <Aug. 9, 1999> |
| Article 18-2 (Establishment of Factories) |
"Factory construction area" in Article 13 (1) of the Act means the sum of floor areas of all floors of a building for the installation of machinery or equipment used as manufacturing facilities and the horizontally projected area of outdoor structures used as manufacturing facilities. [This Article Wholly Amended on May 12, 2020]
| Article 19 (Procedures for Approval for Factory Establishment) |
| (1) | Any person who intends to obtain approval for factory establishment, etc., or approval for change thereof shall submit an application for factory establishment, together with the documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to the head of a Si/Gun/Gu. In such cases, when he or she intends to establish a factory, etc. on a site straddling not less than two Sis/Guns/Gus (referring to autonomous Gus), he or she shall submit an application and documents attached thereto to the head of a Si/Gun/Gu having jurisdiction over a district in which the majority of the building area of a factory prescribed in Article 18-2 is included. <Amended on Mar. 23, 2013; May 12, 2020> |
| (2) | Where the head of a Si/Gun/Gu has received an application for approval for factory establishment, etc., or an application for approval for change thereof, prescribed in paragraph (1), he or she shall verify whether the application complies with the Act, this Decree, and other related statutes or regulations, and decide whether to approve said application. |
| (3) | Where the head of a Si/Gun/Gu has approved the factory establishment, etc., or the change thereof, pursuant to paragraph (2), he or she shall issue a letter of approval for factory establishment, etc., or a letter of approval for change thereof to an applicant. |
| (4) | Permission, authorization, license, etc. for factory establishment under other statutes which are deemed as approval for factory establishment, etc. granted pursuant to Article 13 (2) 3 of the Act shall be as follows: <Amended on Jun. 28, 2022> |
| (5) | An application for approval for the factory establishment shall be filed prior to an application for building permit or reporting on building to construct a factory: Provided, That this shall not apply where any person intends to obtain deemed permission for building or reporting on building with approval for the factory establishment prescribed in Article 13-2 (1) of the Act. |
| (6) | The head of a Si/Gun/Gu may determine and publicly notify detailed standards necessary for approving factory establishment, etc. pursuant to Article 13 (1) of the Act. |
| (7) | The head of a Si/Gun/Gu who has received an application for approval for factory establishment, etc., or for approval for change thereof, in accordance with paragraph (1) (excluding cases where applications are made through a factory establishment support center pursuant to Article 7-2 (2) and (3) of the Act) shall, where any matter under the authority of another administrative agency is included in the details of such application (excluding cases falling under the proviso of Article 13-2 (5) of the Act), promptly request the head of the relevant administrative agency, along with a copy of the application for factory establishment, etc., or for change thereof, and related documents attached thereto, to consult with him or her; the head of the relevant administrative agency who has received such request shall submit his or her opinion within 10 days (where the period for reply is prescribed as exceeding 10 days in the statutes or regulations which have prescribed matters under the authority of the relevant administrative agency, the period for reply prescribed in the relevant statutes or regulations shall apply; hereafter the same shall apply in this paragraph). In such cases, when the head of the relevant administrative agency does not agree thereto, he or she shall specify the grounds therefor, and when he or she fails to submit his or her opinion within 10 days, he or she shall be deemed to have no opinion. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 19-2 (Standards for Permission for Opening of Private Road) |
"Standards prescribed by Presidential Decree" in Article 13-3 (1) of the Act means any of the following cases: <Amended on Mar. 23, 2013; Jul. 14, 2014> | 1. | Where the length of the connecting road that connects a factory site to a road (referring to a road pursuant to subparagraph 1 of Article 2 of the Road Act and the corresponding road under Article 108 of the same Act; hereinafter the same shall apply) is longer than the connecting road that connects to a route other than the road; |
| 2. | Where a river, ditch, levee, or another obstacle determined by the Minister of Trade, Industry and Energy lies between a factory site and a road; |
| 3. | Where the head of a Si/Gun/Gu has confirmed that the owner of land necessary for building an access road to a factory, which lies between a factory site and a road, refuses to sell such land. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 19-3 (Approval for Factory Establishment on Land where Approval of Startup Business Plan Has Been Revoked) |
| (2) | The head of a Si/Gun/Gu, upon receipt of an application pursuant to paragraph (1), shall examine as to whether such application is in compliance with the Act, this Decree, and other related statutes or regulations, and decide whether to approve said application. |
| (3) | When the head of a Si/Gun/Gu grants an approval pursuant to paragraph (2), he or she shall inform other administrative agencies pursuant to Article 47 (4) of the Support for the Small and Medium Enterprise Establishment Act of the details thereof without delay. <Amended on Jun. 28, 2022> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 19-4 (Exceptions to Revocation of Approval for Factory Establishment) |
"Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 13-5 of the Act means any of the following cases: <Amended on Feb. 12, 2016> | 1. | Where construction works on a factory have been suspended due to natural disasters, such as a fire or natural calamity; |
| 2. | Where installation of manufacturing facilities, etc. has been suspended on any ground not attributable to his or her own responsibility, such as delay in supply, or loss of materials, machinery, or apparatus required for manufacturing facilities, etc. pursuant to subparagraph 1 of Article 2 of the Act (hereinafter referred to as "manufacturing facilities, etc."); |
| 3. | Where construction of a factory or installation of manufacturing facilities, etc. has been suspended for the improvement of financial structure or the promotion of management normalization, etc.; |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 19-5 (Consultation about Factory Establishment) |
The head of an administrative agency who has been requested for consultation by the head of a Si/Gun/Gu pursuant to Articles 13-2 (5) (including cases where it is applied mutatis mutandis under Article 20 (4) of the Act, but it is limited to cases where permission is granted for opening any private road, etc. in accordance with Article 13-2 (2) of the Act), 14 (3) (including cases where it is applied mutatis mutandis in Article 14-3 (4) of the Act), 14-2 (3) (including cases where it is applied mutatis mutandis under Article 14-3 (6) of the Act) and 16 (9) of the Act shall provide his or her opinion on such consultation within 10 days. If he or she has any different opinion, he or she shall expressly state the grounds therefor. [This Article Wholly Amended on Aug. 5, 2009]
| Article 19-6 (Approval for Installation of Manufacturing Facilities) |
| (1) | Any person who intends to obtain approval for installation of manufacturing facilities or approval for change thereof pursuant to Article 14-3 (1) of the Act shall submit documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the head of a Si/Gun/Gu. <Amended on Mar. 23, 2013> |
| (2) | Where the head of a Si/Gun/Gu has received an application prescribed in paragraph (1), he or she shall confirm the establishment ledger of the relevant factory, ascertain as to whether such application is in compliance with the Act, this Decree, and other relevant statutes or regulations, and decide as to whether to approve it. |
| (3) | Where the head of a Si/Gun/Gu has approved installation of manufacturing facilities or change thereof pursuant to paragraph (2), he or she shall issue a letter of approval for installation of manufacturing facilities or a letter of change of approval for installation of manufacturing facilities to an applicant. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 19-7 (Grounds for Revocation of Approval for Installation of Manufacturing Facilities) |
| 1. | Where a person fails to commence installation of manufacturing facilities without good cause within one year from the date he or she obtains approval for installation of manufacturing facilities; |
| 2. | Where it becomes impracticable to install manufacturing facilities because a factory building has been destroyed, the usage thereof has been changed, or due to other reasons. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 20 (Reporting on Completion of Factory Establishment) |
| (1) | Any person who intends to report the completion of factory establishment, etc. prescribed in Article 15 (1) of the Act shall submit a report on the completion of factory establishment, etc. with documents attached thereto prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the head of a Si/Gun/Gu or a management agency. <Amended on Mar. 23, 2013> |
| (2) | Reporting on the completion of factory establishment, etc. under Article 15 (1) of the Act shall be made within two months from the date falling under the following subparagraphs: |
| 1. | In cases of the factory establishment, etc., the date when installation of machinery and equipment is completed, after having obtained approval for the use of the final building; |
| 2. | In cases of installation of manufacturing facilities, the date when installation of machinery and equipment is completed. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 20-2 (Reporting on Commencement of Business Other Than Manufacturing Business) |
| (1) | Any person who intends to report on the commencement of business pursuant to Article 15 (2) of the Act shall submit a report on the commencement of business, together with the documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to a management agency. <Amended on Mar. 23, 2013> |
| (2) | Where a management agency has received a report on the commencement of business pursuant to paragraph (1), when installation of facilities, etc. according to a business plan meets the details of a written business plan, a management agency shall enter it in a management ledger, and deliver a written confirmation to the relevant reporter within three days from the date it receives a written report on the commencement of business. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 21 (Revocation of Registration of Factories) |
| (1) | "Cases where a factory is shut down or its manufacturing facilities are removed" in Article 17 (1) 2 of the Act means cases where manufacturing facilities have been removed from a factory to cease conducting manufacturing business, or where manufacturing facilities have been removed for other grounds. |
| (2) | "Other cases prescribed by Presidential Decree" in Article 17 (1) 3 of the Act means each of the following cases: <Amended on Dec. 30, 2014; Jun. 30, 2016; May 12, 2020> |
| 1. | Where an occupancy agreement has been terminated pursuant to Article 42 of the Act (only applicable to occupant enterprises); |
| 2. | Where a person utilizes the relevant factory for purposes, other than for a factory: Provided, That cases where he or she meets all the following requirements and utilizes the part of a factory for other purposes, shall be excluded herefrom: |
| (a) | Part of a factory shall be utilized for any of the following purposes: |
| (i) | Purposes of business related to the relevant factory or purposes necessary for the operation of the relevant factory; |
| a. | Where a person installs electricity-generating facilities in a building of a factory site; |
| b. | Where a person installs electricity-generating facilities within the extent that the horizontally projected area of the relevant facilities does not exceed the building area of the relevant factory under Article 18-2, in utilizing a factory site on which facilities referred to in Article 2 (2) 1 through 3 are not installed; |
| (b) | It shall not considerably interfere with manufacturing activity of the relevant factory; |
| 3. | Where a person fails to fulfill the conditions attached as at the time he or she registers a factory; |
| 4. | Where a person violates an order or disposition issued under the Act. |
| (3) | When revoking registration of a factory pursuant to Article 17 (1) of the Act, if the part of a factory falls under grounds for revocation of registration, the head of a Si/Gun/Gu may revoke the part of registration of the relevant factory, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 22 Deleted. <Jul. 19, 1996> |
| Article 23 Deleted. <Jul. 4, 1994> |
| Article 24 (Establishment and Operation of Public Service Center for Establishment of Factories) |
| (1) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu establishes a public service center for the establishment of factories pursuant to Article 19 (1) of the Act, he or she shall assign a staff member to be exclusively in charge of affairs of industrial sites to such public service center. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall determine matters necessary for establishing and operating a public service center for the establishment of a factory and procedures for handling civil petitions as rules, pursuant to Article 19 (5) of the Act. <Amended on Oct. 16, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 25 (Factory Construction Area) |
| (2) | Deleted. <May 12, 2020> |
| (3) | "Relocation of a factory" in Article 20 (1) of the Act means closing down a factory registered under Article 16 of the Act and then constructing or expanding a factory of the same type of business at another location. <Amended on Oct. 16, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 26 (Deregulation for Acts in Overpopulation Control Zones) |
The following acts may be allowed in an overpopulation control zone in accordance with the proviso of Article 20 (1) of the Act: <Amended on Nov. 20, 2009; Jul. 12, 2010; Apr. 10, 2012; Dec. 12, 2012; Oct. 16, 2013; Jun. 30, 2015; May 12, 2020; Apr. 11, 2023> | 1. | Construction of a factory falling under attached Table 1-2 (including establishment of a manufacturing facility under Article 14-3 of the Act; hereinafter the same shall apply in subparagraphs 5 through 8 of Article 26, subparagraph 1 of Article 27, subparagraph 1 of Article 27-2, subparagraph 1 of Article 27-3 and attached Tables 1-2, 2 and 3), or expansion or relocation thereof; |
| 2. | Construction of a new knowledge industry center or expansion of the existing one falling under any of the following: |
| (a) | A knowledge industry center in a knowledge-based industrial cluster zone designated pursuant to Article 22 of the Act; |
| (b) | A knowledge industry center to attract urban factories pursuant to subparagraph 1 of Article 34; |
| (d) | A knowledge industry center in an industrial complex; |
| 3. | Addition of ancillary facilities of a factory and the expansion of the area of a factory site (limited to the expansion within the extent suitable for standard factory area ratio); |
| 4. | Expansion of a factory according to the construction standards which have become compulsory under other statutes or regulations; |
| 5. | Construction of a new factory or expansion of the existing one for the grain-cooking and food-manufacturing industry or the aircraft manufacturing industry (excluding components manufacturing business) in an airport determined as urban or Gun planning facilities pursuant to subparagraph 7 of Article 2 of the National Land Planning and Utilization Act; |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 27 (Relaxation of Restrictions on Acts in Growth Management Zone) |
The following acts may be permitted in a growth management zone pursuant to the proviso of Article 20 (1) of the Act: <Amended on Jul. 12, 2010> | 1. | Construction of a new factory, expansion or relocation of the existing one falling under attached Table 2; |
| 2. | Acts prescribed in subparagraphs 2 through 8 of Article 26. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 27-2 (Relaxation of Restrictions on Acts in Nature Conservation Zone) |
The following acts may be permitted in any nature conservation zone pursuant to the proviso of Article 20 (1) of the Act: <Amended on Jul. 12, 2010; Mar. 23, 2013> | 1. | Construction of a new factory, expansion or relocation of the existing one falling under attached Table 3; |
| 2. | Construction of a new knowledge industry center or expansion of the existing one falling under any of the following: |
| (a) | A knowledge industry center to attract factories prescribed by Ordinance of the Ministry of Trade, Industry and Energy, whose impact on the water quality is deemed suitable for the purpose of designation of nature conservation zones, among urban factories under subparagraph 1 of Article 34. In such cases, the Minister of Trade, Industry and Energy shall consult with the Minister of Environment before he or she enacts or amends an Ordinance of the Ministry of Trade, Industry and Energy; |
| (b) | A knowledge industry center in the industrial complex and industrial zone; |
| 3. | Acts prescribed in subparagraphs 3 through 6 of Article 26. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 27-3 (Change of Type of Business) |
Cases where a type of business may be changed in overpopulation control zones, growth management zones, or nature conservation zones pursuant to the proviso of Article 20 (1) of the Act shall be as follows: <Amended on Jul. 12, 2010; May 12, 2020> | (a) | Where its type of business changes to a type of business, the pollution level of which is lower than the existing type of business, or to a high-tech type of business pursuant to subparagraph 2 (e) of attached Table 1-2; |
| (b) | Where it changes to a factory, the establishment of which in the zone concerned is permitted (limited to the scale allowed for the new establishment); |
| 2. | Where a type of business of manufacturing process necessary for the production of the final products of an existing factory is added and the building area occupied by the relevant manufacturing process is 50 percent or less of the building area of the factory; |
| 3. | Deleted. <Oct. 31, 2017> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 27-4 (Selection Standards of High-Tech Business) |
Where the Minister of Trade, Industry and Energy intends to designate high-tech business by Ordinance of the Ministry of Trade, Industry and Energy pursuant to subparagraph 2 (e) of attached Table 1-2, he or she shall consider all the following matters: <Amended on Mar. 23, 2013; May 12, 2020>
| 1. | Quantitative evaluation index: The ratio of expenditure on research and development to the total expenditure, relative importance of human resources for research and development, and a scale of investment, etc.; |
| 2. | Qualitative evaluation index: Growth of business or products, link effect between industries, etc. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 28 (Formulation and Submission of Plan for Promoting Knowledge-Based Industrial Cluster Zones) |
| (2) | "Matters prescribed by Presidential Decree" in Article 22 (1) 3 of the Act means the following matters: <Amended on Jun. 27, 2011; Nov. 16, 2011; Jun. 30, 2015> |
| 1. | Where a zone intended to be designated as a knowledge-based industrial cluster zone or an industrial complex, for which authorization for the completion of construction has been obtained pursuant to Article 37 of the Industrial Sites and Development Act, the following matters: |
| (a) | The current status of clustering of knowledge-based industries; |
| (b) | The current status of industrial cluster infrastructure; |
| (c) | A plan for promoting clustering of knowledge-based industries and for expanding industrial cluster infrastructure; |
| (b) | A plan for clustering knowledge-based industries; |
| (c) | The current demand for occupancy of enterprises related to the knowledge-based industry (including a letter of intent for occupancy); |
| (d) | A plan for construction of industrial cluster infrastructure. |
| (3) | Where a plan for promoting knowledge-based industrial cluster zones formulated and submitted by the Mayor/Do Governor to request designation as a knowledge-based industrial cluster zone pursuant to Article 22 (1) of the Act falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may order him or her to submit a plan for promoting knowledge-based industrial cluster zones following consultation among the relevant Mayors/Do Governors: <Amended on Jun. 27, 2011; Mar. 23, 2013; Jun. 30, 2015> |
| 1. | Where at least two knowledge-based industrial cluster zones in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") can be closely connected; |
| 2. | Where plans for expansion of industrial cluster infrastructure, etc., included in plans for promoting knowledge-based industrial cluster zones of at least two Cities/Dos are closely connected. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jun. 30, 2015]
| Article 29 (Public Notice of Designation of Knowledge-Based Industrial Cluster Zone) |
Where the Minister of Trade, Industry and Energy has designated a knowledge-based industrial cluster zone pursuant to Article 22 (4) of the Act, he or she shall publicly notify the following matters in the Official Gazette: <Amended on Mar. 23, 2013; Jun. 30, 2015> | 1. | The name and scope of a knowledge-based industrial cluster zone; |
| 2. | The purpose of designation as a knowledge-based industrial cluster zone; |
| 3. | The direction of fostering of a knowledge-based industrial cluster zone; |
| 4. | The main types of business to be invited and a plan for clustering each type of business; |
| 5. | A plan for interconnection between enterprises, research institutes, universities and corporate-support facilities, etc.; |
| 6. | A plan for construction of main industrial cluster infrastructure; |
| 7. | Matters concerning major support institutions and invitation of facilities for supporting the production activities of occupant enterprises. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jun. 30, 2015]
| Article 29-2 (Modification of Promotion Plan for Competitiveness Strengthening Projects for Industrial Clusters) |
"Cases where the Minister of Trade, Industry and Energy modifies any minor matter prescribed by Presidential Decree" in the proviso of Article 22-3 (3) of the Act means cases falling under any of the following subparagraphs: <Amended on Jul. 12, 2010; Jun. 30, 2015> | 1. | Where a promotion plan for competitiveness strengthening projects for industrial clusters is connected with a master plan for promoting industry clustering, and he or she modifies a promotion plan for competitiveness strengthening project according to a master plan for promoting industry clustering modified through procedures pursuant to Article 3 (3) of the Act; |
| 2. | Where he or she modifies matters on the current status of industrial cluster by industrial complex pursuant to subparagraph 12 of Article 2 of the Act, wherein he or she promotes a competitiveness strengthening project for industrial clusters. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jun. 30, 2015]
| Article 29-3 (Payment and Management of Contributions) |
| (2) | Any person who has received a contribution pursuant to Article 22-3 (5) of the Act shall manage it by establishing a separate account, and shall use it exclusively for the purposes of a competitiveness strengthening project for industrial clusters. <Amended on Jul. 12, 2010; Jun. 30, 2015> |
| (3) | Where any person who has received a contribution uses it for a purpose other than that prescribed in paragraph (2), the State or a local government may collect all the contributions used for another purpose. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 29-4 (Application for University-Industry Collaboration Zones) |
| (2) | "Non-profit corporation prescribed by Presidential Decree" in the main clause of Article 22-4 (1) of the Act, with the exception of its subparagraphs, means a non-profit corporation referred to in Article 32 of the Civil Act, which is established jointly by enterprises (including organizations comprised of enterprises; hereafter the same shall apply in this Article), research institutes, universities, etc.: Provided, That school juristic persons referred to in Article 2 of the Private School Act shall be excluded. |
| 1. | Analysis of the demand for occupant enterprises for education, and research and development; |
| 2. | Funding plans for the creation of university-industry collaboration zones and conduct of research and development business; |
| 3. | Methods of organizing consulting bodies between universities, enterprises, research institutes and management agencies; |
| 4. | Schedule for university-industry collaboration zone business. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 29-5 (Designation of University-Industry Collaboration Zones) |
| (1) | "Areas prescribed by Presidential Decree, such as green areas" in Article 22-4 (2) 2 of the Act means the following: <Newly Inserted on Apr. 19, 2022> |
| 1. | An area shall be suitable for the establishment of research and development facilities, with less noise and vibration and good atmospheric environment; |
| 2. | In the case of a school site, the area of which is at least 10,000 square meters, such site shall be designated as an urban high-tech industrial complex under the Industrial Sites and Development Act. |
| (3) | Where an enterprise that has moved into a university-industry collaboration zone pursuant to Article 22-5 (2) of the Act establishes an urban factory under Article 28 of the Act at educational facilities or research and development facilities in the university-industry collaboration zone, it shall not establish the following factories: <Newly Inserted on Apr. 19, 2022> |
| 1. | A factory with air pollutant-emitting facilities that emit specified hazardous air pollutants under the Clean Air Conservation Act; |
| 2. | A factory with air pollutant-emitting facilities under the Clean Air Conservation Act, which falls under Type I through III places of business specified in attached Table 10 of the Enforcement Decree of that Act: Provided, That a factory that does not directly use fuels shall be excluded herefrom; |
| 3. | A factory with wastewater discharge facilities that discharge specific substances harmful to water quality under the Water Environment Conservation Act: Provided, That a factory that treats the whole quantity of wastewater under consignment pursuant to subparagraph 2 of Article 33 of the Enforcement Decree of that Act shall be excluded herefrom; |
| 4. | A factory with wastewater discharge facilities under the Water Environment Conservation Act, which falls under Type I through IV places of business specified in attached Table 13 of the Enforcement Decree of that Act; |
| (4) | Where the Minister of Trade, Industry and Energy designates a university-industry collaboration zone pursuant to Article 22-4 (4) of the Act, he or she shall give public notice of the following matters in the Official Gazette: <Amended on Mar. 23, 2013; Apr. 19, 2022> |
| 1. | Name and scope of the university-industry collaboration zone; |
| 2. | Purposes of creation of the university-industry collaboration zone and specialized types of business; |
| 3. | A plan to cluster universities and research institutes in the university-industry collaboration zone; |
| 4. | A plan to establish and place facilities necessary for education and research and development; |
| 5. | A plan to conduct educational and research and development business based on industrial demand; |
| 6. | A plan to attract research and development institutions and laboratories as occupant enterprises. |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 29-6 (Alteration of Designation of University-Industry Collaboration Zones) |
| (1) | If necessary to alter the university-industry collaboration zone, a person who has obtained designation of the university-industry collaboration zone pursuant to Article 22-4 (1) through (3) of the Act may request the alteration of the university-industry collaboration zone to the Minister of Trade, Industry and Energy pursuant to Article 22-4 (5) of the Act. In such cases, he or she shall formulate a plan for the revision of the university-industry collaboration promotion plan. <Amended on Mar. 23, 2013> |
| (2) | When the following requirements are fully satisfied, the Minister of Trade, Industry and Energy may alter the designation of university-industry collaboration zones. In such cases, he or she shall undergo consultation with the heads of relevant central administrative agencies in advance: <Amended on Mar. 23, 2013> |
| 2. | The necessity for the alteration of a university-industry collaboration zone shall be recognized; |
| 3. | A plan for revising a university-industry collaboration promotion plan shall be reasonable. |
| (3) | When the Minister of Trade, Industry and Energy alters the designation of university-industry collaboration zones pursuant to paragraph (2), he or she shall publicly notify the details thereof pursuant to Article 29-5 (4). <Amended on Mar. 23, 2013; Apr. 19, 2022> |
| (4) | Where the Minister of Trade, Industry and Energy has designated a university-industry collaboration zone pursuant to Article 22-4 (3) of the Act, the provisions of paragraphs (2) and (3) shall apply mutatis mutandis to the alteration of such designation. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 29-7 (Detailed Procedures and Criteria for Designation and Alteration of Designation of University-Industry Collaboration Zones) |
Except as provided in the Act and this Decree, the Minister of Trade, Industry and Energy shall determine and publicly notify detailed procedures and criteria for the designation, operation, alteration, etc. of university-industry collaboration zones. <Amended on Mar. 23, 2013; Apr. 19, 2022>
[This Article Newly Inserted on Oct. 26, 2011]
| Article 29-8 (Designation of High-Tech Investment Zones) |
| (1) | "Areas prescribed by Presidential Decree, such as an industrial complex or a free economic zone defined in subparagraph 1 of Article 2 of the Special Act on Designation and Management of Free Economic Zones" in Article 22-6 (1) 1 of the Act means the following: <Amended on Jul. 7, 2023> |
| 1. | An industrial complex; |
| 3. | Regional innovative convergence complexes defined in subparagraph 15 of article 2 of the Special Act on Local Autonomy, Decentralization, and Balanced Regional Development; |
| 18. | Other districts, zones, complexes, special zones, etc. designated under statutes or regulations, which are deemed necessary by the Minister of Trade, Industry and Energy to be designated as high-tech investment zones following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
| (2) | "High-tech investments meeting the standards prescribed by Presidential Decree" in Article 22-6 (1) 2 of the Act means high-tech investments meeting the investment standards prescribed in the following relevant subparagraph for the details of each high-tech investment: |
| 1. | Where high-tech investments are to be made in manufacturing business or information and communications business specified in the Korean Standard Industrial Classification or in the knowledge services industry under Article 8 (2) of the Industrial Development Act (excluding research and development business in accordance with the Korea Standard Industrial Classification): Where factories or places of business are constructed or expanded or additional manufacturing facilities are established in the existing factories or places of business to manage the relevant business and where any of the following standards is met: |
| (a) | The amount of investments shall be at least 30 billion won; |
| (a) | The amount of investments shall be at least 10 billion won; |
| (b) | New jobs for at least 80 regular employees shall be created; |
| 3. | Where high-tech investments are to be made in research and development related to technologies and products eligible for such investments: Where research and development facilities are constructed or expanded or additional research equipment is established in the existing research and development facilities and where any of the following standards is met: |
| (a) | The amount of investments shall be at least two billion won and the number of regular employees (limited to personnel dedicated to research who have at least three years' experience in research after obtaining a master's degree in a field related to the relevant research and development) shall be at least 10 persons; |
| (b) | The amount of investments shall be at least 100 million won and new jobs for at least 40 regular employees shall be created. In such cases, the number of regular employees shall include at least five personnel dedicated to research who fall under any of the following: |
| (i) | A person who has at least three years' experience in research after obtaining a bachelor’s degree in a field related to the relevant research and development; |
| (ii) | A person who obtains a master’s degree or higher in a field related to the relevant research and development; |
| 4. | Where high-tech investments, other than those prescribed in subparagraphs 1 through 3, are to be made: The Minister of Trade, Industry and Energy shall conduct a comprehensive examination of the type of business of an enterprise seeking to make high-tech investments (including research institutes; hereinafter the same shall apply), the scale of the investments, an area in which the enterprise seeks to make the investments, and other matters and shall deem it necessary to designate the area as a high-tech investment zone following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
| 1. | Where an application for designating an area specified in Article 22-6 (1) 1 of the Act as a high-tech investment zone (hereinafter referred to as "complex-type high-tech investment zone) is to be filed: The following matters: |
| (a) | Major types of business in which investments are to be made, the current status of enterprises seeking to make investments, and whether each enterprise meets the investment standards specified in paragraph (6) 1; |
| (b) | A list (limited where enterprises seeking to make investments request occupancy by the relevant partners, etc.) of enterprises or research institutes in partnership with enterprises seeking to make investments (hereinafter referred to as "partners, etc."); |
| (c) | The managing entity of the high-tech investment zone and a plan to manage such zone (where the managing entity intends to entrust all or part of administrative affairs to the Corporation under the latter part, with the exception of the subparagraphs, of Article 22-6 (5) of the Act, including the details of an entrustment plan and the entrusted affairs; hereinafter the same shall apply); |
| (d) | Topographical drawings indicating the high-tech investment zone; |
| (e) | Implementers of projects for developing districts, zones, complexes, special zones, etc. provided in the subparagraphs of Article 29-8 (1) in the area for which an application is filed for designation; |
| (f) | Plans for land use and major infrastructure in the area for which an application is filed for designation; |
| (g) | Other matters necessary for the designation of a complex-type high-tech investment zone, which are determined and publicly notified by the Minister of Trade, Industry and Energy in consideration of the characteristics of each area, following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act; |
| 2. | Where an application for designating an area prescribed in Article 22-6 (1) 2 of the Act as a high-tech investment zone (hereinafter referred to as "individual high-tech investment zone"): The following matters: Provided, That where the creation, etc. of a site is completed in an area for which an application is filed for designation, the matters specified in items (g) and (h) may be omitted: |
| (a) | An investment plan of an enterprise seeking to make investments and whether such enterprise meets the investment standards specified in paragraph (2); |
| (b) | Names of partners, etc., the details of a project, the details of cooperation between an enterprise seeking to make investments and partners, etc., the need for occupancy, and the area of occupancy (limited to where the enterprise seeking to make investments requests occupancy by partners, etc.); |
| (c) | The managing entity of the high-tech investment zone and a plan to manage such zone; |
| (d) | Topographical drawings indicating the high-tech investment zone; |
| (e) | Implementers of projects for developing the high-tech investment zone; |
| (f) | Plans for land use and major infrastructure in the area for which an application is filed for designation; |
| (g) | Methods and period for implementing projects for developing the high-tech investment zone; |
| (h) | Specific details of land, buildings, or other articles or rights to be expropriated or used for projects for developing the high-tech investment zone, if any; |
| (i) | Other matters necessary for the designation of an individual high-tech investment zone, which are determined and publicly notified by the Minister of Trade, Industry and Energy following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
| (4) | Where the head of a central administrative agency or a Mayor/Do Governor formulates a plan for high-tech investment zones under Article 22-6 (2) of the Act (hereinafter referred to as "plan for high-tech investment zones"), he or she shall hear the opinions of residents of the relevant region and related experts. |
| (5) | Where the Minister of Trade, Industry and Energy deems it necessary to supplement or correct an application for the designation of a high-tech investment zone filed under Article 22-6 (2) of the Act, he or she may request the applicant to supplement or correct such application within a specified period. |
| (6) | "Requirements prescribed by Presidential Decree" in Article 22-6 (3) 4 of the Act means all of the following requirements (applicable only to a complex-type high-tech investment zone): |
| 1. | Those eligible for occupancy shall be persons and partners, etc. who intend to make high-tech investments that meet the following relevant investment standards: |
| (a) | Where factories or places of business are constructed or expanded or additional facilities are established in the existing factories or places of business to conduct any business prescribed in paragraph (2) 1 or 2: The amount of investments shall be at least one billion won; |
| (b) | Where research and development facilities under paragraph (2) 3 are constructed or expanded or additional research equipment is established in the existing research and development facilities: The amount of investments shall be at least 100 million won and the number of regular employees (limited to personnel dedicated to research who have three years' experience in research after obtaining a bachelor’s degree in a field related to the relevant research and development or who obtains a master's degree in the relevant field) shall be at least five persons; |
| (c) | Where high-tech investments, other than those provided in items (a) and (b), are to be made: The standards for each type of business and facility shall be met in accordance with the procedures determined and publicly notified by the Minister of Trade, Industry and Energy, such as having a consultation with the managing entity of a high-tech investment zone; |
| 2. | Immediate occupancy shall be available after the completion of a project for developing a district, zone, complex, special zone, etc. prescribed in the subparagraphs of Article 29-8 (1) in an area for which an application is filed for designation; |
| 3. | The area of a high-tech investment zone, for which an application is filed for designation, shall be at least 50,000 square meters; |
| 4. | The area for which the demand for investment is verified shall be at least 60/100 of the area for which an application is filed for designation. |
| (7) | Where the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act deliberates on whether to designate a high-tech investment zone under Article 22-6 (3) of the Act, it shall comprehensively consider the impact of the zone on the national economy based on a plan for the high-tech investment zone, such as the feasibility of the relevant investments, balanced development among regions, efficient utilization of national land, employment growth, and effects of regional development. |
| (8) | Where the Minister of Trade, Industry and Energy designates a high-tech investment zone under Article 22-6 (3) of the Act, he or she shall give public notice of the following matters in the Official Gazette under paragraph (4) of that Article and shall immediately notify the managing entity of the relevant high-tech investment zone and the competent Mayor/Do Governor (applicable only where the relevant Mayor/Do Governor is not the managing entity of the high-tech investment zone) of such designation: |
| 1. | Name, type, location, and area of the high-tech investment zone; |
| 2. | Purposes of the designation of the high-tech investment zone; |
| 3. | Plans for the development and advancement of the high-tech investment zone; |
| 4. | Managing entity of and management plans for the high-tech investment zone; |
| 5. | Period for the development of the high-tech investment zone (applicable only where a project for developing an individual high-tech investment zone is not completed); |
| 6. | Major types of business in which investments are to be made and investment standards (applicable only to a complex-type high-tech investment zone); |
| 7. | Methods for perusing related topographical drawings and documents; |
| 8. | Other matters determined and publicly notified by the Minister of Trade, Industry and Energy based on the characteristics of each area. |
| (9) | Upon receipt of notification under paragraph (8), the managing entity or the competent Mayor/Do Governor shall immediately notify enterprises seeking to make investments specified in the plan for the relevant high-tech investment zone of the relevant details. |
| (10) | The Minister of Trade, Industry and Energy shall entrust the Corporation with administrative affairs regarding high-tech investment zones designated as national industrial complexes under the latter part, with the exception of the subparagraphs, of Article 22-6 (5) of the Act. |
| (11) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu entrusts the Corporation with administrative affairs regarding the high-tech investment zone under his or her jurisdiction under the provisions, with the exception of the subparagraphs, of Article 22-5 (1) of the Act, he or she shall give public notice of such entrustment and the details of the entrusted affairs in the Official Gazette and shall notify the Minister of Trade, Industry and Energy thereof. |
| (12) | Except as provided in paragraphs (1) through (11), the Minister of Trade, Industry and Energy shall determine and publicly notify details necessary to designate and manage high-tech investment zones, such as methods for verifying demand for investment, whether an enterprise seeking to make investments meets the investment standards provided in paragraphs (2) and (6) 1 (hereinafter referred to as "high-tech investment standards"), and methods and procedures for occupancy by persons who intend to make high-tech investments in high-tech investment zones, partners, etc. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-9 (Change in Designation of High-Tech Investment Zones and Revocation of Designation) |
| (1) | Where the Minister of Trade, Industry and Energy intends to change the designation of a high-tech investment zone under Article 22-7 (1) of the Act, he or she shall verify whether the details to be changed meet the requirements specified in Article 22-6 (3) 1 through 3 of the Act. In such cases, where the details of the application for a change in designation include any change in the area of the high-tech investment zone, whether the following relevant standards are met shall be additionally verified: |
| 1. | Where the details regarding a reduction in the area of the high-tech investment zone are included: The total area of the high-tech investment zone after the relevant change is made shall be at least 50,000 square meters (applicable only to a complex-type high-tech investment zone); |
| 2. | Where the details regarding an increase in the area of the high-tech investment zone are included: All of the following standards shall be met: |
| (a) | The ratio of occupancy to the total area of the existing high-tech investment zone shall be at least 80 percent; |
| (b) | The area in which the demand for investment is verified shall be at least 60/100 of the area for which an application for the increase is filed. In such cases, Article 29-8 (12) shall apply mutatis mutandis to methods for verifying the demand for investment; |
| (c) | Immediate occupancy shall be available after the completion of projects for developing districts, zones, complexes, special zones, etc. prescribed in the subparagraphs of Article 29-8 (1) in the area for which an application for the increase is filed. |
| (2) | "Cases prescribed by Presidential Decree, such as where it is deemed that the reason for designating a high-tech investment zone ceases to exist or the head of the relevant central administrative agency or the competent Mayor/Do Governor requests revocation of designation" in Article 22-7 (2) of the Act means any of the following: |
| 1. | Where the head of the central administrative agency or the Mayor/Do Governor who has filed an application for the designation of the high-tech investment zone requests revocation of such designation; |
| 2. | Where the purpose of designating and operating the high-tech investment zone is lost or the reason for designation ceases to exist due to failure to meet the requirements for designation provided in Article 22-6 (3) 1 through 3 or other reasons; |
| 3. | Where there is any failure to make high-tech investments that meet the investment standards prescribed in Article 29-8 (2), within five years from the date of the designation of the high-tech investment zone (applicable only to an individual high-tech investment zone); |
| 4. | Other cases requiring revocation of the designation of the high-tech investment zone, which are publicly notified by the Minister of Trade, Industry and Energy following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
| (3) | Where the head of a central administrative agency or a Mayor/Do Governor intends to request revocation of the designation of a high-tech investment zone pursuant to paragraph (2) 1, he or she shall meet the requirements determined and publicly notified by the Minister of Trade, Industry and Energy, such as obtaining consent from all of the persons who make high-tech investments (hereinafter referred to as "high-tech investment enterprises") in the high-tech investment zone, in order to ensure that such request is not made against the purpose of designating the zone. |
| (4) | Where the reason for revoking designation specified in paragraph (2) 3 arises, the managing entity of a high-tech investment zone (including the Corporation, where administrative affairs are entrusted under the latter part, with the exception of the subparagraphs, of Article 22-6 (5) of the Act; hereinafter the same shall apply) shall notify the Minister of Trade, Industry and Energy of such fact within 30 days from the date such reason arises. |
| (5) | Where the Minister of Trade, Industry and Energy intends to revoke the designation of a high-tech investment zone for the reason specified in paragraph (2) 3, he or she may postpone such revocation once for a period of at least six months (hereafter in this Article referred to as "implementation period"), and where any unavoidable reason exists, he or she may extend the implementation period by up to six months in consultation with the managing entity and postpone the revocation once more. |
| (6) | "Where any change is to be made to minor matters prescribed by Presidential Decree" in the proviso of Article 22-7 (3) of the Act means the following relevant cases: |
| 1. | In the case of a complex-type high-tech investment zone: Any of the following cases (limited to where the relevant item is not in conflict with other items): |
| (a) | Where the name of the relevant high-tech investment zone is changed due to a change in the name of an administrative district or other reasons; |
| (b) | Where the area of a high-tech investment zone is changed by up to 10/100 of the area initially designated (limited to where the standards provided in the subparagraphs of paragraph (1) are met); |
| (c) | Where major types of business in which investments are to be made are changed; |
| (d) | Other cases where any change is made to matters determined and publicly notified by the Minister of Trade, Industry and Energy in consideration of the characteristics of a high-tech investment zone for each area and type of business, following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act; |
| 2. | In the case of an individual high-tech investment zone: Any of the following cases (limited to where the relevant item is not in conflict with other items): |
| (a) | Where the name of a high-tech investment zone is changed due to a change in the name of an administrative district or a high-tech investment enterprise or other reasons; |
| (b) | Where the area of a high-tech investment zone is changed by up to 10/100 of the area initially designated (limited to where the standards provided in paragraph (1) 2 (a) and (b) are met); |
| (c) | Where the amount of investments is increased or such amount is decreased by up to 10/100 of the initial amount of investments specified in a plan for a high-tech investment zone (limited to where the investment standards provided in Article 29-8 (2) are met); |
| (d) | Where the scale of employment is increased or such scale is reduced by up to 10/100 of the initial scale of employment specified in a plan for a high-tech investment zone (limited to where the investment standards provided in Article 29-8 (2) are met); |
| (e) | Where the details of high-tech investments are changed; |
| (f) | Other cases where any change is made to matters determined and publicly notified by the Minister of Trade, Industry and Energy in consideration of the characteristics of a high-tech investment zone for each area and type of business, following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
| (7) | Where the Minister of Trade, Industry and Energy changes the designation of a high-tech investment zone or revokes such designation pursuant to Article 22-7 of the Act, he or she shall give public notice of the following relevant matters in the Official Gazette and shall immediately notify such change or revocation to the managing entity of the relevant high-tech investment zone and the competent Mayor/Do Governor (applicable only where the relevant Mayor/Do Governor is not the managing entity of the high-tech investment zone): |
| 1. | Where the designation of the high-tech investment zone is changed: Changed matters among the matters prescribed in the subparagraphs of Article 29-8 (8); |
| 2. | Where the designation of the high-tech investment zone is revoked: The following matters: |
| (a) | Name, location, and area of the high-tech investment zone; |
| (b) | Reasons for revoking the designation of the high-tech investment zone; |
| (c) | Date of the designation of the high-tech investment zone and revocation of such designation. |
| (8) | Upon receipt of notification under paragraph (7), the managing entity or the competent Mayor/Do Governor shall immediately notify the details of such notification to high-tech investment enterprises and their partners, etc. in the relevant high-tech investment zone, and enterprises seeking to make investments specified in a plan for such zone (where the designation of the zone is changed, referring to all of the plans prepared immediately before, and on or after the date of, such change). |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary to change the designation of a high-tech investment zone and to revoke such designation shall be determined and publicly notified by the Minister of Trade, Industry and Energy following deliberation by the High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-10 (Support for High-Tech Investment Zones) |
| (1) | "Enterprises prescribed by Presidential Decree, such as an enterprise which concludes an occupancy agreement" in Article 22-8 (1) 3 of the Act means the following enterprises (hereinafter referred to as "enterprises occupying high-tech investment zones"): |
| 1. | In the case of a complex-type high-tech investment zone: A high-tech investment enterprise that is to occupy the high-tech investment zone under an occupancy agreement concluded pursuant to Article 38 (1) or (3) of the Act, an occupancy agreement concluded pursuant to the statutes prescribed in Article 29-8 (1) 2 through 18, or other occupancy agreements; |
| 2. | In the case of an individual high-tech investment zone: A high-tech investment enterprise that occupies the relevant high-tech investment zone; |
| 3. | Other enterprises that meet the standards determined and publicly notified by the Minister of Trade, Industry and Energy to facilitate the creation of high-tech investment zones. |
| (2) | Except as provided in paragraph (1), details regarding the methods, procedures, etc., for supporting high-tech investment zones under Article 22-8 of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-11 (Reduction of or Exemption from Usage Fees or Rents for State Property) |
| (1) | Usage fees or rents for State property under Article 22-8 (5) of the Act shall be the amount calculated by multiplying the value of the relevant State property by a rate of not less than 10/1,000 but not more than 50/1,000 as determined by the head of the central government agency in charge of managing the State property in consultation with the Minister of Trade, Industry and Energy. In such cases, for the period during which the high-tech investments made by an enterprise occupying an high-tech investment zone fail to meet the high-tech investment standards, the rate shall be 50/1,000; and for the period thereafter during which the investments meet such standards, the difference (referring to the amount obtained by subtracting the amount calculated under the former part for the period during which the investment standards are not met, from the amount paid during the same period) shall be refunded in accordance with the methods and procedures determined by the Minister of Trade, I |
| (2) | Where there exist more lenient provisions in other statutes or regulations than those prescribed in paragraph (1) with regard to usage fees or rents for State property in high-tech investment zones, the relevant statutes or regulations shall apply. |
| (4) | Upon receipt of an application for the reduction of or exemption from usage fees or rents for State property under paragraph (3), the head of a central government agency shall examine whether the high-tech investments made by an enterprise occupying a high-tech investment zone meet the high-tech investment standards to determine whether to grant the reduction or exemption, and shall verify whether such standards are met at least once every year. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the reduction of or exemption from usage fees and rents for State property shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-12 (Purchase of Sites for High-Tech Investment Zones) |
| (1) | Where land to be leased is purchased under Article 22-8 (6) of the Act, such land shall be purchased jointly by the State and local governments. |
| (2) | The share ratio of expenses incurred in the joint purchase of land under paragraph (1) shall be classified as follows: |
| (3) | Notwithstanding paragraph (2), where other statutes or regulations separately prescribe the share ratio of expenses incurred in the purchase of land to be leased between the State and local governments, such ratio shall apply. |
| (4) | Where a site is purchased pursuant to paragraph (1), a contract deposit shall be borne by the State and local governments in accordance with the ratio referred to in paragraphs (2) and (3), and the remaining purchase price for the site may be paid in installments. |
| (5) | Except as provided in paragraphs (1) through (4), procedures for purchasing a site and methods for paying prices, and other matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-13 (Matters Subject to Deliberation by High-Tech Investment Zones Committee) |
| (1) | The High-Tech Investment Zones Committee established under Article 22-9 (1) of the Act (hereinafter referred to as the "High-Tech Investment Zones Committee") shall deliberate on the following: |
| 1. | Important matters regarding basic policies on and systems for high-tech investment zones; |
| 2. | Matters regarding approval of plans for high-tech investment zones, and the designation, and change and revocation of designation, of high-tech investment zones; |
| 3. | Matters regarding support for enterprises, etc. occupying high-tech investment zones and regulatory improvements; |
| 4. | Matters regarding evaluation of the operation of high-tech investment zones; |
| 5. | Matters regarding the coordination of opinions on high-tech investment zones between the heads of relevant central administrative agencies and Mayor/Do Governors; |
| 6. | Other matters necessary to designate and operate high-tech investment zones. |
| (2) | The High-Tech Investment Zones Committee shall be composed of up to 15 members, including one chairperson. |
| (3) | The Minister of Trade, Industry and Energy shall be the chairperson of the High-Tech Investment Zones Committee and the following persons shall be its members: <Amended on Jul. 7, 2023> |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of Science and ICT, the Vice Minister of the Interior and Safety, the Vice Minister of Land, Infrastructure and Transport, the Vice Minister of Oceans and Fisheries, and the Vice Minister of SMEs and Startups. In such cases, if two or more Vice Ministers exist in any agency, the Vice Minister designated by the head of the relevant agency shall serve as a member; |
| 2. | A person commissioned by the Minister of Trade, Industry and Energy, from among persons with extensive knowledge of and experience in regulatory reform, high-tech investment, policy on balanced regional development, etc. In such cases, the Minister of Trade, Industry and Energy shall ensure that the number of commissioned members of a certain gender does not exceed 6/10 of their total number; |
| 3. | The Vice Minister of a central administrative agency (referring to the vice head of a central administrative agency, where the agency has no Vice Minister) or a Mayor/Do Governor designated by the chairperson of the High-Tech Investment Zones Committee in relation to agenda items referred to meetings of the High-Tech Investment Zones Committee. |
| (4) | The chairperson of the High-Tech Investment Zones Committee shall represent the Committee and exercise general supervision over its affairs. |
| (5) | Where the chairperson of the High-Tech Investment Zones Committee is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson. |
| (6) | The chairperson of the High-Tech Investment Zones Committee shall convene and preside over its meetings. |
| (7) | Where the chairperson of the High-Tech Investment Zones Committee intends to convene a meeting, he or she shall notify each member of the date, time, place, and objective of the meeting and any other information not later than three days before the date the meeting is held: Provided, That in case of urgency, such notification may be given by the day before the date the meeting is held. |
| (8) | Meetings of the High-Tech Investment Zones Committee may be held face-to-face or in writing. |
| (9) | A majority of the members of the High-Tech Investment Zones Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (10) | The High-Tech Investment Zones Committee shall have one executive secretary to perform its affairs, and the executive secretary shall be appointed by the Minister of Trade, Industry and Energy from among members in general service of the Senior Executive Service who belong to the Ministry of Trade, Industry and Energy. |
| (11) | A working committee may be established in the High-Tech Investment Zones Committee to examine agenda items to be referred to the Committee in advance and to handle matters delegated by the Committee. |
| (12) | Except as provided in paragraphs (1) through (11), matters necessary for the composition, operation, etc. of the High-Tech Investment Zones Committee and a working committee shall be determined by the chairperson following resolution by the High-Tech Investment Zones Committee. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 29-14 (Applications for Regulatory Improvements) |
| (1) | Where the High-Tech Investment Zones Committee deliberates on the details of an application for regulatory improvements, the details of examination by the relevant administrative agency, the results of processing the application, whether to improve regulation, and other matters under the former part of Article 22-10 (4) of the Act, it shall comprehensively consider the following: |
| 1. | Concreteness of the details of the application for regulatory improvements and feasibility of such improvements; |
| 2. | Relevance of the details of the application for regulatory improvements to high-tech investments; |
| 3. | Ripple effects resulting from the relevant regulatory improvements; |
| 4. | Other matters deemed necessary by the chairperson of the High-Tech Investment Zones Committee to examine the relevant regulatory improvements. |
| (2) | Where the head of a relevant administrative agency commences efforts to improve relevant statutes or regulations under Article 22-10 (6) of the Act or completes such work and where the head of the relevant administrative agency allows special cases regarding regulation under paragraph (7) of that Article, he or she shall notify the High-Tech Investment Zones Committee of such fact. |
[This Article Newly Inserted on Sep. 14, 2021]
| Article 30 (Application for Designation of Host Areas) |
| (2) | When designating a host area pursuant to Article 23 (1) of the Act, the Minister of Trade, Industry and Energy may designate a host area on application of any person who needs the creation of an industrial site meeting a specific type of business and purpose (hereafter referred to as "customized industrial complex" in this Article) through the systematization, clustering, etc. of factories. <Amended on Mar. 23, 2013> |
| (3) | Any person who intends to apply for designation of a host area pursuant to paragraph (2) shall submit an application for designation of a host area together with documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to the Minister of Trade, Industry and Energy. The same shall also apply where he or she changes designated matters. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Trade, Industry and Energy may provide support by formulating support policies for the promotion of a customized industrial complex designated pursuant to paragraph (2). <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 31 (Procedures for Designation of Host Areas) |
| (1) | Where necessary for formulating a designation plan for host areas pursuant to Article 23 (2) of the Act, the Minister of Trade, Industry and Energy may hear opinions of the Mayor/Do Governor and conduct an investigation into industrial sites pursuant to Article 6 of the Act. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall designate the relevant area as a host area within 20 days from the date he or she completes consultation with the Minister of Land, Infrastructure and Transport pursuant to Article 23 (2) of the Act. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy has designated a host area pursuant to paragraph (2), he or she shall, without delay, publicly notify it in the Official Gazette. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 32 (Plan for Designation of Host Areas) |
| 1. | Matters regarding placement of types of business to be invited in a host area; |
| 2. | A plan for supplying industrial sites and a human resource plan in a host area; |
| 3. | Research and educational institutes to be induced in a host area; |
| 4. | Matters regarding construction of infrastructure, etc. necessary for assistance in a host area; |
| 5. | Matters regarding the prevention of environmental pollution of a host area; |
| 6. | Necessity of designation of a host area and a promotion plan thereof. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 33 (Policies for Development of Regional Industries) |
Matters referred to in the following subparagraphs shall be included in policies on the development of regional industries under Article 26 (1) of the Act: | 1. | Matters regarding support in consulting, marketing, information, etc. to enterprises; |
| 2. | Matters regarding support for technological development, education and training to enterprises; |
| 3. | Matters regarding support for an informatization project; |
| 4. | Other matters regarding necessary support to facilitate relocating enterprises to provinces. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 34 (Classification and Scope of Urban Factories) |
The urban factories referred to in Article 28 of the Act shall be any of the following factories (hereinafter referred to as "urban factories"): <Amended on Jul. 20, 2012; Jan. 16, 2018; Apr. 11, 2023> | 1. | Factories other than any of the following factories: |
| 2. | Factories which do not fall under the factories referred to in subparagraph 1, as factories which conduct business falling under attached Table 4 (limited to factories falling under the extent of business subject to environmental impact assessment referred to in Article 22 of the Environmental Impact Assessment Act). |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 35 Deleted. <Jul. 19, 1996> |
| Article 36 (Approval for Establishment of Knowledge Industry Center) |
| (1) | Articles 19, 19-2, and 19-5 through 19-7 of this Decree and Article 13-5 of the Act shall apply mutatis mutandis to procedures for approval of the establishment of a knowledge industry center under Article 28-2 of the Act, standards for permission to open a private road to an access road, consultation about the establishment, etc. of a knowledge industry center, approval for installation of manufacturing facilities by a person moving in to a knowledge industry center and reasons for the cancellation thereof, and reasons for the cancellation of approval for the establishment of a knowledge industry center. <Amended on Jul. 12, 2010> |
| (2) | "Period prescribed by Presidential Decree" in the former part of Article 28-2 (2) of the Act means two months from the date any person obtains approval for use. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 36-2 (Rent for Knowledge Industry Center Built by the State) |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 36-3 (Object of Exemption from Approval of Public Invitation Plan) |
| (1) | Cases where prospective occupants of a knowledge industry center may be invited privately pursuant to Article 28-4 (2) 1 of the Act shall be cases where the head of a Si/Gun/Gu deems it necessary to select prospective occupants in advance to attract the relevant knowledge industry center, which is established for the following reasons: <Amended on Jul. 12, 2010; Sep. 14, 2021> |
| 1. | Attracting factories demolished by a public project; |
| 2. | Collective attracting a specific type of business (referring to a type of business falling under the medium classification of the Korean Standard Industrial Classification). |
| (2) | "Less than the scale prescribed by Presidential Decree" in Article 28-4 (2) 2 of the Act means less than 2000 square meters of the total ground area. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jun. 8, 2021]
| Article 36-4 (Moving into Knowledge Industry Center) |
| 1. | The knowledge industry and the information and communications industry defined in Article 6 (2) and (3); |
| 2. | Any other business deemed necessary to be moved into a knowledge industry center according to the following classification for collectivizing a specific industry and developing regional economy: |
| (a) | In cases of a knowledge industry center located in an industrial complex: Business corresponding to industries under subparagraph 18 of Article 2 of the Act, recognized by a management agency; |
| (b) | In cases of a knowledge industry center located outside an industrial complex: Business recognized by the head of a Si/Gun/Gu. |
| (2) | Facilities to support the production activities of occupant enterprises referred to in Article 28-5 (1) 3 of the Act shall be those excluding the following facilities: <Amended on Mar. 28, 2023; May 15, 2023> |
| 1. | Facilities for conducting the following business categorized in the section of the the Korean Standard Industrial Classification: |
| (a) | Agriculture, forestry, and fishing; |
| (c) | Manufacturing business; |
| 3. | Any of the following facilities: |
| (d) | An officetel referred to in subparagraph 14 (b) (ii) of attached Table 1 of the Enforcement Decree of the Building Act (excluding cases where an officetel is built in a knowledge industry center within an industrial complex and permitted under the management master plan of the relevant industrial complex); |
| 4. | Facilities deemed by the head of a Si/Gun/Gu or a management agency as likely to disturb the production activities of the relevant occupant enterprises in the knowledge industry center. |
| (3) | The total floor area of the facilities in the same type of business (referring to the type of business in the sub-class of the Korea Standard Industry Classification), among facilities for supporting production activities of occupant enterprises under paragraph (2), shall not exceed 50/100 of the total floor area of the relevant support facilities for the knowledge industry center. <Amended on Mar. 28, 2023> |
| (4) | The total floor area of the facilities for supporting production activities of occupant enterprises under paragraph (2) shall be within the following extent: <Amended on Jul. 12, 2010; Apr. 5, 2011; Dec. 8, 2011; Sep. 24, 2019; May 12, 2020; Mar. 28, 2023> |
| 1. | Where a knowledge industry center in an industrial complex falls under the following items, such applicable extent: |
| (a) | A knowledge industry center in an industrial facilities zone specified in the main clause of Article 33 (8) of the Act: 30/100 of the total ground area: Provided, That where a child-care center (excluding national and public child-care centers referred to in subparagraph 1 of Article 10 of the Infant Care Act) is installed in the knowledge industry center (including where authorization for the installation of child-care centers referred to in Article 13 of the Infant Care Act has been obtained) and maintained for such purpose of use, the total area of the child-care center shall be calculated by adding the area classified below within the scope not exceeding 10/100 of the total ground area of the knowledge industry center to the total ground area of the knowledge industry center within the scope not exceeding 30/100 of the total ground area: |
| (i) | Where the maximum number of children in a child-care center is between 11 and less than 21 persons: The smaller of an area twice the total ground area of the child-care center and 800 square meters; |
| (ii) | Where the maximum number of children in a child-care center is between 21 and less than 50 persons: The smaller of an area three times the total ground area of the child-care center and 2,000 square meters; |
| (iii) | Where the maximum number of children in a child-care center exceeds 50 persons: The smaller of an area four times the total ground area of the child-care center and 3,000 square meters; |
| (b) | A knowledge industry center in a complex zone specified in the proviso of Article 33 (8) of the Act: 50/100 of the total ground area; |
| 2. | Where a knowledge industry center outside an industrial complex falls under the following items, such applicable extent: |
| (5) | When installing facilities to conduct manufacturing business pursuant to Article 28-5 (1) 1 of the Act, where the relevant knowledge industry center is located in an area other than an industrial complex or industrial zone, only facilities for urban factories (excluding urban factories referred to in subparagraph 2 of Article 34) may be installed. <Amended on Jul. 12, 2010> |
| (6) | The head of a Si/Gun/Gu or a management agency may require occupant enterprises conducting manufacturing business in a knowledge industry center to install offices or warehouses of their ancillary facilities in a separate area in the building of such knowledge industry center. <Amended on Jul. 12, 2010> |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 36-5 (Main Structures of Knowledge Industry Center) |
| 1. | Pillars or bearing walls (excluding masonry walls that do not bear weight); |
| 2. | Crossbeams, floors, or roofs. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Jul. 12, 2010]
| Article 36-6 (Measures against Breach of Duty) |
| (1) | Where an occupant or a manager fails to execute a corrective order within the period for correction pursuant to Article 28-8 of the Act, the head of a Si/Gun/Gu may take any of the following measures to ensure the safety of a knowledge industry center: <Amended on Jul. 12, 2010> |
| 1. | Elimination of causes, such as removal of heavy goods exceeding the allowed standards, and emergency restoration of a building; |
| 2. | Restrictions on the use of the building concerned. |
| (2) | The head of a Si/Gun/Gu may, when taking measures prescribed in paragraph (1) 1, collect necessary expenses from occupants or managers. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 36-7 (Institutions Entrusted with Management Affairs) |
| (1) | "Institutions prescribed by Presidential Decree" in Article 30 (2) 5 of the Act means the following institutions: <Amended on Apr. 5, 2011; Oct. 26, 2011; Dec. 12, 2012; Dec. 30, 2014; Jan. 22, 2016> |
| 4. | Jeju Free International City Development Center referred to in Article 166 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| 6. | Institutions prescribed by ordinance of the local government, the head of which is the relevant authorized administrator, and which is deemed to be able to conduct each business falling under Article 5 (1). |
| (2) | Where any authorized administrator falling under subparagraph 2 or 3 of Article 30 (1) intends to entrust the administrative affairs of an industrial complex to a project implementer prescribed in paragraph (1) 5, he or she shall consult with the Minister of Trade, Industry and Energy in advance as to whether the project implementer is appropriate as an entrusted institution or the scope thereof. <Newly Inserted on Dec. 30, 2014> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 37 (Management of Complexes under other Statutes, such as National Land Planning and Utilization Act) |
The authorized administrator prescribed in Article 30 (3) of the Act shall publicly notify the matters referred to in the following subparagraphs with regard to complexes subject to management: | 1. | The name and kind of a complex; |
| 2. | The location, the total area, and the area subject to management of a complex; |
| 3. | A project implementer and a period for development; |
| 4. | Main types of business to be induced; |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 37-2 (Entrustment of Management Affairs) |
| (1) | When the authorized administrator entrusts the management affairs of an industrial complex to a management agency pursuant to Article 31 (1) of the Act, he or she shall determine the extent of entrustment in consideration of business conducting capability of a management agency regarding the conclusion of an occupancy agreement and registration of factories, etc. |
| (2) | When the authorized administrator has entrusted the management affairs of the industrial complex, he or she shall publicly notify the entrusted management agency, details of the affairs entrusted, etc. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 38 (Requirements for Establishment of Administrative Corporation) |
The requirements for the establishment of an industrial complex administrative corporation prescribed in Article 31 (2) of the Act (hereinafter referred to as "administrative corporation") and a Consultative Council of Occupant Enterprises shall be as follows: <Amended on Mar. 23, 2013> | 1. | The area of an industrial complex to be managed or the number of occupant enterprises shall exceed the extent prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | A management corporation shall have an industrial complex management capability and a self-supporting financial plan necessary for management; |
| 3. | A consultative council shall be comprised of 90 percent or more of the occupant enterprises of the relevant industrial complex as members: Provided, That an agro-industrial complex shall be comprised of 70 percent or more of the occupant enterprises, or 90 percent or more of the occupant enterprises in operation, as members. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 39 (Establishment Procedures for Administrative Corporation) |
| (1) | Any person who intends to establish an administrative corporation or a Consultative Council of Occupant Enterprises in accordance with Article 31 (2) of the Act shall submit an application for authorization for establishing an administrative corporation or an application for p authorization for establishing a Consultative Council of Occupant Enterprises prescribed by Ordinance of the Ministry of Trade, Industry and Energy, together with the documents referred to in the following subparagraphs, to the authorized administrator: <Amended on Mar. 23, 2013; Jun. 8, 2021> |
| 1. | Minutes of the inaugural general meeting; |
| 2. | Articles of association; |
| 3. | A business plan, and an estimate of earnings and expenses; |
| 4. | A management plan of an industrial complex; |
| 5. | A list and resumes of the executive officers. |
| (2) | When the authorized administrator has approved the establishment of an administrative corporation or a Consultative Council of Occupant Enterprises pursuant to Article 31 (2) of the Act, he or she shall make public announcement of such fact. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 40 (Composition and Operation of Consultative Council of Occupant Enterprises) |
| (1) | A Consultative Council of Occupant Enterprises established under Article 31 (2) of the Act shall be composed of general members and special members. <Amended on May 12, 2020> |
| (2) | The representatives of occupant enterprises and support institutions shall be general members under paragraph (1), and persons who are appointed by the chairperson of a Consultative Council of Occupant Enterprises among persons other than general members, with the consent of the authorized administrator, shall be special members. |
| (3) | A Consultative Council of Occupant Enterprises shall hold a general meeting within two months from the commencement date of each year and, if necessary, may hold an extraordinary general meeting. |
| (4) | Decisions in meetings of a Consultative Council of Occupant Enterprises shall be taken with attendance of a majority of all members and by the concurring vote of 2/3 or more members present. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 40-2 Deleted. <Jul. 10, 1997> |
| Article 41 (Details of Administrative Guidelines) |
| 1. | Standards for formulating and executing a management master plan; |
| 2. | Matters regarding connecting a management master plan with plans according to other statutes or regulations regarding the development, disposition, etc. of an industrial complex; |
| 3. | Matters necessary for the management affairs of an industrial complex under Article 5. |
| (2) | "Modification of insignificant matters prescribed by Presidential Decree" in the proviso of Article 32 (1) of the Act means the following modifications: |
| 1. | Partial modification of administrative guidelines for an industrial complex and an agro-industrial complex; |
| 2. | Partial modification of the matters prescribed in paragraph (1) 3. |
| (4) | Administrative guidelines for an agro-industrial complex prescribed in Article 32 (2) of the Act shall include the following matters, in addition to the matters prescribed in paragraph (1): <Amended on Jun. 27, 2011> |
| 1. | Matters regarding the utilization of endowed resources of the relevant region for revitalization of the regional economy; |
| 2. | Matters regarding development in connection with neighboring national industrial complexes, general industrial complexes, and urban high-tech industrial complexes; |
| 3. | Other matters necessary for managing an agro-industrial complex. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 42 (Preparation of Management Master Plan) |
| (1) | Where a management agency intends to obtain approval for a management master plan prescribed in Article 33 (1) of the Act, it shall submit an application for approval of a management master plan accompanied by documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the authorized administrator (in the case of an agro-industrial complex, referring to the Mayor/Do Governor or Mayor of a large city (referring to the mayor of a large city with a population of at least 500,000 persons, other than the Seoul Special Metropolitan City, Metropolitan Cities, and Special Self-Governing Cities under Article 198 (1) of the Local Autonomy Act; hereinafter the same shall apply): Provided, That this shall not apply where a single enterprise which has moved into an industrial complex uses the entire industrial complex. <Amended on Mar. 23, 2013; Sep. 8, 2020; Dec. 16, 2021> |
| 1. | Matters regarding supply of and demand for human resources, such as fostering of skilled local human resources; |
| 2. | Matters regarding assistance with facility and working funds and technology to occupant enterprises; |
| 3. | Other matters necessary for managing an agro-industrial complex. |
| (3) | If the authorized administrator intends to consult with a person authorized to designate the relevant industrial complex regarding approval of a management master plan pursuant to Article 33 (2) and (3) of the Act, he or she shall send the documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the person authorized to designate the industrial complex. <Amended on Mar. 23, 2013> |
| (4) | Alteration of minor matters in a management master plan about which a management agency may omit consultation with a person authorized to designate the relevant industrial complex pursuant to the proviso of Article 33 (2) of the Act shall be made in cases falling under any of the following subparagraphs: <Amended on Jul. 12, 2010; May 12, 2020> |
| 1. | Where a management agency modifies a management master plan following the alteration of an industrial complex development plan after undergoing due formalities, such as consultation with the relevant administrative agency pursuant to Articles 6, 7, 7-2, and 8 of the Industrial Sites and Development Act, as cases where a management master plan correlates with an industrial complex development plan pursuant to the same Act; |
| 2. | Where a management agency modifies a management master plan in order to alter the matters regarding installation and operation of support facilities; |
| 3. | Where a management agency modifies a management master plan according to a plan for improving the structures of industrial complexes (hereinafter referred to as "structure improvement plan") publicly notified pursuant to paragraph (7). |
| (5) | "Cases where a management agency modifies insignificant matters prescribed by Presidential Decree" in the proviso of Article 33 (3) of the Act means cases falling under any of the following subparagraphs: Provided, That this shall not apply to cases falling under subparagraph 2 or 3 due to the establishment or change of a zone into which all industries other than the restricted types of business are allowed to move under the proviso of Article 6-5, excluding its subparagraphs): <Amended on May 12, 2020> |
| 1. | Where it falls under any of the subparagraphs of paragraph (4); |
| 2. | Where it changes the purpose of use referred to in the subparagraphs of Article 43 (1): Provided, That in cases of use as distribution facilities referred to in Article 43 (1) 6, it shall only apply to a change within the extent not more than 10/100 of such area; |
| (6) | A management agency (referring to the authorized administrator, where a management agency falls under Article 30 (2) 3 or 4 of the Act) may give public notice of the instructions for managing occupancy of an industrial complex with details, such as types of business, qualifications, priority order, ex post facto management of occupancy in the industrial complex, if necessary for the execution of a management master plan. |
| (7) | Where a structure improvement plan is publicly notified pursuant to Article 45-2 (8) of the Act, a management agency shall reflect them in a management master plan. <Amended on Jul. 12, 2010; Dec. 30, 2014> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 43 (Zones of Sites Classified by Purpose) |
| (1) | A management agency may manage an industrial facilities zone by subdividing it in accordance with the following purposes under the main clause of Article 33 (8) of the Act: <Amended on Jun. 30, 2015; May 12, 2020> |
| 2. | Purpose as a knowledge industry facility; |
| 3. | Purpose as a facility for the information and communications industry; |
| 4. | Purpose as a resource storage facility; |
| 5. | Purpose as a waste disposal facility; |
| 6. | Purpose as a distribution facility; |
| 7. | Purpose as a regional specialized industry (only applicable to agro-industrial complexes); |
| 8. | Purpose as an electric power facility; |
| 9. | Purpose as a venture business cluster facility; |
| 10. | Purpose as a facility for the recycling industry; |
| 11. | Purpose as a facility for the promotion of eco-friendly new technology; |
| 12. | Purpose as other facilities prescribed by a management master plan. |
| (2) | When a management agency has subdivided an industrial facilities zone according to different purposes pursuant to paragraph (1), it shall properly manage the subdivided zone according to the relevant use: Provided, That where it deems it necessary for development conditions of an industrial complex and for enhancing the competitiveness of occupant enterprises, it may grant a permit so that the part of the industrial facilities zone may be used for at least two purposes in combination among purposes of uses referred to in the subparagraphs of paragraph (1). |
| (3) | When placing factories and types of business in an industrial facilities zone pursuant to paragraph (1), a management agency shall formulate a plan for the placement of types of business and place factories and types of business according to such plan. <Amended on Dec. 12, 2012> |
| (4) | When formulating a plan for the placement of types of business referred to in paragraph (3), a management agency may formulate such plan to ensure that at least two types of businesses are integrated to the extent that it does not obstruct the operation of occupant enterprises by using electricity and water, waste disposal, occurrence of environmental pollution, etc. <Newly Inserted on Dec. 12, 2012> |
| (5) | Notwithstanding paragraphs (3) and (4), any of the following cases need not follow the plans for the placement of types of business: <Newly Inserted on Dec. 12, 2012; May 12, 2020; Apr. 11, 2023> |
| 1. | In cases of the first sale of an industrial site, in which an area for occupancy applied by a specific type of business exceeds a planned placement area of the relevant type of business under a plan for the placement of types of business and an area for occupancy applied by other types of business falls short of the planned placement areas of the relevant other types of business under the plan for the placement of types of business; |
| 2. | Where an existing occupant enterprise changes the type of business after the completion of factory establishment, or where a person who has legally acquired industrial sites, factories, etc. of existing occupant enterprises intends to move into the zones after changing the type of the relevant factories, which is recognized not to obstruct the operation of occupant enterprises due to the use of electricity and water, waste disposal, occurrence of environmental pollution, etc.; |
| 3. | Where an occupant enterprise intends to run types of business eligible to move into the zones subdivided by use which are referred to in the subparagraphs of paragraph (1) additionally while running types of business suitable for the plan for the placement of types of business, which the management agency recognizes as necessary; |
| 4. | Where an industrial facility zone of which at least 20/100 of a planned placement area of a relevant type of business under a plan for the placement of types of business is not sold for five years from the date of the first publication of sale is recognized not to obstruct the operation of occupant enterprises due to the use of electricity and water, waste disposal, occurrence of environmental pollution, etc.; |
| 5. | Where an enterprise which has moved into an industrial facility zone referred to in paragraph (1) supplies waste heat, waste steam, etc. which are generated in the production process or waste disposal process in the relevant business site to enterprises which have moved into the relevant industrial site (limited to cases where the type of business of the major business stipulated in an occupancy contract (referring to business which occupies the largest portion in sales referred to in Article 4 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises) is not changed); |
| 6. | Where factories and types of business are placed in an area into which where all industries, other than the restricted types of business are allowed to move in accordance with the proviso of Article 6 (5), excluding its subparagraphs; |
| 7. | Where a knowledge industry center is established or the facilities referred to in the subparagraphs of Article 28-5 (1) of the Act are located in a knowledge industry center. |
| (7) | The complex zones under the proviso of Article 33 (8) of the Act shall have the total ground areas of buildings used by occupant enterprises that are at least 50/100 of the total ground areas of buildings in the complex zone. <Newly Inserted on Jun. 30, 2015; May 12, 2020> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 43-2 (Contribution of Increased Value in Land Prices Following Change of Zones by Use) |
| (1) | The increased value in land prices which can be contributed to an authorized administrator pursuant to Article 33 (10) of the Act shall be determined by the management guidelines prescribed in Article 32 (1) of the Act, which shall be at least 50/100 of the difference in land prices following the change of zones by use. In such cases, the land prices before and after changing zones by use shall be calculated according to the arithmetic average of the prices appraised by at least two appraisal corporations, etc. (referring to appraisal corporations, etc. under the Act on Appraisal and Certified Appraisers) within three months prior to the public notice of changes in a management master plan. <Amended on May 6, 2015; Aug. 31, 2016; May 12, 2020; Jan. 21, 2022> |
| (2) | Where a management agency intends to make changes to a management master plan, which includes the change of zones of an industrial site by use, it shall have a prior consultation with the owner of the relevant industrial site over the methods of contribution in connection with an increased value in land prices. <Newly Inserted on May 12, 2020> |
| (3) | Notwithstanding the former part of paragraph (1), where an owner of an industrial site, the land price of which has risen due to change of the zone of an industrial site classified by use following the changed management master plan bears the expenses incurred in installing the public facilities prescribed in Article 33 (1) of the Industrial Sites and Development Act (hereinafter referred to as "installation expenses of public facilities"), an authorized administrator may receive the contribution of increased value in land prices, within the balance that remains after deducting the installation expenses of public facilities from the amount that may be contributed under the former part of paragraph (1), as prescribed by management guidelines prescribed in Article 32 (1) of the Act. In such cases, the deduction of the installation expenses of public facilities shall not exceed 50/100 of the balance of land prices following change of zones by use. <Newly Inserted on Aug. 6, 2014; May |
| (4) | An increased value in land prices to be received under Article 33 (10) of the Act shall be acquired and managed according to the following classification: <Amended on May 12, 2020> |
| (a) | In the case of a national industrial complex: Managed in a separate account by a management agency; |
| (b) | Cases not falling under item (a): Acquired and managed by an authorized administrator through separate accounting; |
| 2. | Cases not falling under subparagraph 1: Acquired and managed as prescribed by either of the following Acts: |
| (5) | Where a management agency intends to use the money managed in accordance with paragraph (4) 1 (a) for purposes of providing support to occupant enterprises under the main clause of Article 33 (10) of the Act, it shall obtain prior approval from the administrative authority and shall report to the administrative authority on the annual management status of the money under management by January 31st of the following year. <Newly Inserted on May 12, 2020> |
[This Article Newly Inserted on Jul. 12, 2010]
[Title Amended on May 6, 2015]
[Previous Article 43-2 moved to Article 43-4 <Jul. 12, 2010>]
| Article 43-3 (Legal Fiction of Authorization and Permission by Other Statutes) |
[This Article Newly Inserted on Jul. 12, 2010]
| Article 43-4 (Sale and Lease of State-Owned Land and Public Land in Industrial Complexes) |
| (1) | Where the Minister of Trade, Industry and Energy or the head of a local government sells or leases land, a factory building, or other facilities (hereinafter referred to as "factory, etc.") owned by the State or a local government in an industrial complex to an occupant enterprise or a support institution pursuant to Article 34 of the Act, he or she may attach conditions necessary for assuring the implementation of a contract. <Amended on Mar. 23, 2013> |
| (2) | If the Minister of Trade, Industry and Energy intends to consult with the Minister of Strategy and Finance about the sale price or the value of lease of land or a factory, etc. owned by the State pursuant to Article 34 (2) of the Act, he or she shall present data on each of the following matters: <Amended on Mar. 23, 2013> |
| 1. | A detailed statement of funds invested in the relevant land or factory, etc.; |
| 2. | A price-calculation record; |
| 3. | An area and drawings of land or a factory, etc. |
| (3) | Where the Minister of Trade, Industry and Energy or the head of a local government has fixed the sale price or the value of lease of land or a factory, etc. pursuant to Article 34 (2) of the Act, he or she shall publicly announce it without delay. <Amended on Mar. 23, 2013> |
| (4) | The period for lease of land or a factory, etc. in an industrial complex pursuant to Article 34 of the Act shall be 10 years in principle, but such period may be extended where an application for extension of the period for lease is filed three months prior to the expiration of the period for lease. |
| (5) | The Minister of Trade, Industry and Energy shall determine matters necessary for the payment timing and methods for the rent of land or a factory, etc. owned by the State and the collection of late penalties and arrears, etc. in consultation with the Minister of Strategy and Finance, and the head of the relevant local government shall determine matters necessary for the payment timing and methods for the rent of public land or factory, etc. and the collection of late fees and arrears, etc. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 43-2 <Jul. 12, 2010>]
| Article 44 Deleted. <Aug. 5, 2009> |
| Article 44-2 Deleted. <Jun. 30, 2015> |
| Article 44-3 Deleted. <Dec. 13, 2007> |
| Article 44-4 Deleted <Dec. 13, 2007> |
| Article 44-5 Deleted. <Jul. 10, 1997> |
| Article 45 (Acquisition by Transfer of Industrial Complex) |
| (1) | Where a management agency intends to be entrusted with affairs regarding sale in lots and lease by a project implementer pursuant to Article 36 (1) of the Act, it shall submit to the authorized administrator a plan for sale in lots and lease with the documents attached thereto, which state the following matters: Provided, That in the case of an agro-industrial complex, a management agency shall submit to the Mayor/Do Governor or the mayor of a large city a plan for sale in lots and lease with the documents attached thereto, which state the following matters, and shall obtain his or her approval: <Amended on Sep. 8, 2020> |
| 1. | A management master plan; |
| 2. | The area, facilities, etc. subject to management intended to be entrusted; |
| 3. | The details of the entrusted affairs on sale in lots and lease; |
| 4. | Other agreements reached with respect to trust. |
| (2) | Paragraph (1) shall apply mutatis mutandis where a management agency intends to change matters submitted or approved pursuant to paragraph (1). |
| (3) | Where a management agency is entrusted with the affairs on sale in lots and lease by a project implementer of an industrial complex development project pursuant to Article 36 (1) of the Act, it may receive an entrustment fee in consultation with the project implementer. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 46 Deleted. <Aug. 9, 1999> |
| Article 47 Deleted. <Jul. 10, 1997> |
| Article 48 (Approval for Collection of Common Expenses of Public Facilities) |
| (1) | Where a management agency obtains approval for the collection of common expenses pursuant to Article 37 (2) of the Act, it shall submit an application for approval, which states the following matters, to the authorized administrator (in the case of an agro-industrial complex, referring to the Mayor/Do Governor or mayor of a large city). The same shall also apply to any modification of the matters already approved: <Amended on Sep. 8, 2020> |
| 1. | The present status of installation and use of public facilities; |
| 2. | A detailed statement of calculation of expenses for installation, maintenance and repair of public facilities; |
| 3. | The current status of maintenance and repair of public facilities. |
| (2) | A management agency shall collect common expenses for installation, maintenance and repair of public facilities according to the calculation rate fixed for each occupant enterprise and support institution in consultation with occupant enterprises and support institutions under Article 37 (2) of the Act. |
| (3) | A management agency may collect common expenses monthly or quarterly in accordance with the management conditions of an industrial complex. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 48-2 (Criteria for Occupancy) |
| (1) | Where a management agency intends to conclude an occupancy agreement pursuant to Article 38 (1) and (3) of the Act, it shall determine the criteria for occupancy, such as industries eligible for occupancy, qualifications for occupancy, and priority order of occupancy, in advance and publicly announce the same for at least 15 days on the Factory Establishment Management Information System pursuant to Article 6-2 of the Act, and where necessary, may concurrently announce publicly on daily newspapers, etc.: Provided, That the management agency shall not make a public announcement in any of the following cases: <Amended on Apr. 5, 2011; Oct. 26, 2011; Mar. 23, 2013; Sep. 14, 2021; May 3, 2022> |
| 1. | Where business is prescribed by Ordinance of the Ministry of Trade, Industry and Energy as one required to be preferentially moved into an industrial complex for the reasonable placement of types of business which cause environmental pollution, fostering of high-tech industries, the promotion of foreign investment, etc.; |
| 2. | Where any of the following persons intends to conduct business in line with the management master plan: |
| 3. | Where persons who intend to make high-tech investments or their partners, etc. intend to move into a high-tech investment zone. |
| (2) | Paragraph (1) shall apply mutatis mutandis where a management agency transfers an industrial site, a factory, etc. to another enterprise pursuant to Article 39 (2) of the Act. |
| (3) | Cases where a person need not conclude an occupancy agreement pursuant to the proviso of Article 38 (1) of the Act (including cases applied mutatis mutandis pursuant to paragraph (3) of the same Article) shall be as follows: <Amended on Jul. 12, 2010; Oct. 26, 2011; May 12, 2020> |
| 2. | Where a public institution moves into the industrial complex to provide public services to occupant enterprises; |
| 3. | Where a person occupies facilities pursuant to Article 36-4 (2) in a knowledge industry center built in an industrial facilities zone pursuant to the main clause of Article 33 (8) of the Act; |
| 4. | Where a person operates convenience facility for employees as auxiliary facilities in a factory built in an industrial facilities zone pursuant to the main clause of Article 33 (8) of the Act; |
| 5. | Where a person leases or purchases a site or a building in lots (only applicable to those within a support facilities zone pursuant to the main clause of Article 33 (8) of the Act) of any person who has concluded an occupancy agreement with a management agency and then occupies such pursuant to such an occupancy agreement; |
| 6. | Where a person moves in according to a lease contract with a management agency; |
| 7. | Where a person moves into neighborhood living facilities in a support facility zone referred to in the main clause of Article 33 (8) of the Act; |
| 8. | Where a public institution or a single enterprise occupies a whole industrial complex for its use. |
| (4) | If a management agency intends to conclude an occupancy agreement pursuant to Article 38 (1) through (3) of the Act, it shall be appropriate for the Act, this Decree, other statutes or regulations, and the relevant industrial complex management master plan. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 48-3 (Contract for Occupancy of Leasing Business Entity) |
| (1) | Any person who intends to conclude an occupancy agreement with a management agency in order to conduct leasing business of an industrial site, factories, etc. pursuant to Article 38-2 of the Act (hereinafter referred to as "leasing business entity") shall submit a leasing business plan, which states the following, to a management agency: |
| 1. | Name of a leasing business entity; |
| 2. | Details of land and facilities he or she intends to lease; |
| 3. | Term of lease and matters regarding the extension thereof; |
| 4. | Matters regarding the disposal of industrial sites (including buildings where there are any buildings), where all or part of leasing business is closed; |
| 5. | Types of business to be induced and the scale thereof (only applicable where he or she intends to lease two or more sites or factories, etc. in the relevant industrial complex); |
| 6. | A building plan of a building (only applicable where he or she intends to build a building and lease it together with an industrial site, a factory, etc.). |
| (2) | Where a leasing business entity leases an industrial site and a factory, etc., he or she shall do so in conformity with the relevant industrial complex management master plan and an occupancy agreement pursuant to paragraph (1). |
| (3) | Any lessee who occupies an industrial site and a building leased by a leasing business entity shall conclude an occupancy agreement pursuant to Article 38 of the Act with a management agency. |
| (4) | Where an occupant enterprise or a support institution intends to lease part of the relevant industrial site and factory, etc. while conducting business according to an occupancy agreement, it shall submit documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to a management agency. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 48-4 (Leasing Standards) |
| (1) | The term of a rental contract concluded between a management agency and a leasing business entity under Article 38-2 (1) of the Act shall be at least five years: Provided, That in cases of a knowledge industry center built pursuant to Article 28-2 of the Act, the term of a contract shall be determined by a management agency. <Amended on Jul. 12, 2010> |
| (2) | Deleted. <Jun. 30, 2015> |
| (3) | Where a leasing business entity intends to transfer an industrial site, factory, etc., due to bankruptcy or other economic conditions, such as becoming an enterprise subject to restructuring referred to in Article 21 of the Industrial Development Act, he or she shall preferentially transfer such to the relevant lessee, management agency, or a person designated by the management agency. <Amended on Jun. 27, 2011> |
| (4) | The Minister of Trade, Industry and Energy may decide a standard form of a lease contract and recommend leasing business entities to use such form. <Amended on Mar. 23, 2013> |
| (5) | In addition to the matters prescribed by paragraphs (1) through (4), matters necessary for management of leasing business shall be as stipulated by the administrative guidelines or management master plan of the relevant industrial complex. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 48-5 (Conditions of Sublease of Industrial Complex Solely for Lease) |
| (1) | "Unavoidable cases prescribed by Presidential Decree, such as subleasing the relevant industrial site at a lower price than rents" in the proviso of Article 38-2 (7) of the Act means cases where any person who has registered a factory pursuant to Article 16 (1) of the Act falls under any of the following cases: <Amended on Jun. 30, 2015> |
| 1. | Where he or she subleases an industrial site at a prices lower than rents under the contract with a project implementer (where he or she has been entrusted with business pursuant to Article 36 (1) of the Act, referring to the relevant management agency) under Article 38-2 (6) of the Act; |
| 3. | Where he or she subleases an industrial site on the conditions not unfavorable than the rents under the contract with a project implementer (where he or she has been entrusted with business pursuant to Article 36 (1) of the Act, referring to the relevant management agency) pursuant to Article 38-2 (6) of the Act. |
| (2) | The Minister of Trade, Industry and Energy may consult with, or entrust surveying or research to, a specialized agency or organization for demand survey on the location and scale, etc. of an industrial complex solely for lease pursuant to Article 38-2 (8) of the Act. <Amended on Mar. 23, 2013; Jun. 30, 2015> |
[This Article Newly Inserted on Aug. 5, 2009]
| Article 49 (Restrictions on Disposition of Industrial Sites) |
| (1) | "Cases prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 39 (1) of the Act and the main clause of paragraph (3) of the same Article means that an occupant enterprise transfers the ownership of an industrial site, factory, etc. received by sale in lots: Provided, That any of the following cases shall be excluded herefrom: <Amended on Jul. 12, 2010; Mar. 11, 2014; Feb. 29, 2016> |
| 1. | Where it transfers the ownership due to inheritance, or division and merger of a corporation; |
| 2. | Where an occupant enterprise (excluding an occupant enterprise which is a corporation) is converted into a corporation through investment in kind of all of the industrial site, factory, etc. which the enterprise owns; |
| 3. | Where it transfers the ownership of a knowledge industry center established pursuant to Article 28-2 of the Act; |
| 4. | Where an occupant enterprise (excluding an occupant enterprise which is a corporation) falls under all of the followings: |
| (a) | An occupant enterprise has become a founder and establishes a corporation; |
| (b) | An occupant enterprise makes investment exceeding the net asset value of the occupant enterprise (referring to the value which deducts the total amount of liabilities, including appropriation fund, from the total amount of assets evaluated by the present value as of the establishment date of the corporation pursuant to item (a)) in the corporation prescribed in item (a); |
| (c) | An occupant comprehensively transfers all of the rights and duties concerning its business, such as an industrial site, factory, etc. to the relevant corporation within three months from the date of establishment of the corporation under item (a). |
| (2) | When an occupant enterprise, etc. intends to dispose of an industrial site, factory, etc. pursuant to Articles 39 (1) and (2), 40-2 (1) and 43 (1) of the Act, it shall submit an application for disposition accompanied by the documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to a management agency. <Amended on Jun. 27, 2011; Mar. 23, 2013> |
| (3) | When a management agency, in receipt of an application for disposition pursuant to paragraph (2), cannot purchase an industrial site, factory, etc., it shall select a person subject to transfer pursuant to Article 39 (2) of the Act within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and notify an applicant of such disposition: Provided, That in any of the following cases, a person recommended by an applicant for disposition may be selected as a person subject to transfer: <Amended on Mar. 23, 2013> |
| 1. | Where an applicant for disposition has applied for disposition owing to his or her restructuring; |
| 2. | Where it is necessary to build a factory, which constitutes a series of manufacturing processes adjacent to a factory of an applicant for disposition; |
| 3. | Where it is deemed inappropriate for a management agency to select a person subject to transfer, such as cases where an industrial site is unsold in lots; |
| 4. | Where a management agency fails to select a person subject to transfer within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy without good cause. |
| (4) | Where a management agency fails to select a person to whom an industrial site is to be transferred within the period referred to in the main clause, with the exception of the subparagraphs, of paragraph (3), he or she may select a person to whom the site is to be transferred within the period prescribed by Ordinance of the Minister of Trade, Industry and Energy after partitioning the site to have at least an area prescribed by Ordinance of the Minister of Trade, Industry and Energy after obtaining prior consent from occupant enterprises, and notify the selected transferee thereof: Provided, That total amount of transfer price of the partitioned industrial site shall not exceed the transfer price of the industrial site prescribed in Article 39 (5) of the Act. <Newly Inserted on Dec. 30, 2014> |
| (5) | An applicant for disposition who has been informed pursuant to the main clause, with the exception of the subparagraphs, of paragraph (3) or paragraph (4) shall transfer the industrial site or the factory, etc. pursuant to paragraph (2) within the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy from the date he or she is informed. <Amended on Mar. 23, 2013; Dec. 30, 2014> |
| (6) | If a management agency intends to select a transferee pursuant to the main clause, with the exception of the subparagraphs, of paragraph (3) or paragraph (4), it shall publicly announce the following matters in advance and then receive an application for purchase from applicants for occupancy: <Amended on Dec. 30, 2014; Jan. 5, 2021> |
| 1. | An indication of the subject matter; |
| 2. | The sale price and methods of payment; |
| 3. | Timing for purchasing; |
| 4. | Qualifications for occupancy of a purchaser; |
| 5. | Condition that a sales contract shall be concluded by a seller and a purchaser, and a purchaser shall conclude an occupancy agreement with a management agency; |
| 6. | Other matters required by a management agency. |
| (7) | "Period prescribed by Presidential Decree" in Article 39 (1) 1 of the Act means five years. <Amended on Dec. 30, 2014; Feb. 29, 2016> |
| (8) | "Period prescribed by Presidential Decree" in Article 39-2 (4) 1 of the Act means five years (including the period for which an occupant enterprise manages its business under an occupancy agreement, following reporting on completion of establishment, etc. of a factory prescribed in Article 15 (1) of the Act or reporting on commencement of business under Article 15 (2) of the Act prior to partitioning the industrial site prescribed in Article 39-2 (2) of the Act (including partition of co-owned share)). <Newly Inserted on Feb. 29, 2016> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 49-2 (Related Agencies) |
"Institutions prescribed by Presidential Decree" in Article 39 (2) 4 of the Act means the following institutions: <Amended on Mar. 24, 2014; May 31, 2016; Feb. 17, 2022> | 2. | The Korea Technology Finance Corporation Fund prescribed in the Korea Technology Finance Corporation Fund Act; |
| 3. | The Korea Asset Management Corporation prescribed in the Act on the Establishment of Korea Asset Management Corporation; |
| 6. | Institutions that a management agency deems specifically necessary for management of the relevant industrial complex. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 50 (Reporting on Disposition of Factory) |
If an occupant enterprise intends to dispose of an industrial site or a factory, etc. pursuant to Article 39 (3) of the Act, it shall submit to a management agency a report on disposal with documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy attached thereto. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Aug. 5, 2009]
| Article 50-2 (Processing of Personally Identifiable Information) |
The Minister of Trade, Industry and Energy, the heads of local governments, or the heads of management agencies may process the relevant personally identifiable information upon receiving materials including the personally identifiable information referred to in Article 24 (1) of the Personal Information Protection Act, in order to conduct the following administrative affairs: <Amended on Mar. 23, 2013; Jun. 28, 2022> | 1. | Administrative affairs concerning applications, reports, approval, etc. referred to in Article 6-2 (2) of the Act or Article 8-2 (4) of this Decree (including administrative affairs to confirm rights to land and buildings); |
| 3. | Administrative affairs concerning the imposition of administrative fines referred to in Article 55 of the Act; |
[This Article Newly Inserted on Oct. 26, 2011]
| Article 51 (Collection of Expenses) |
| (1) | When a management agency transfers an industrial site, factory, etc. to a purchasing enterprise pursuant to Article 39 (4) of the Act, it may collect the following expenses to the extent of actual expenses from an enterprise which obtains an industrial site, factory, etc. by transfer: Provided, That the brokerage commission prescribed in subparagraph 3 shall be only applicable where it transfers an industrial site, a factory, etc. over which it has received an application for purchase to a purchasing enterprise: <Amended on Dec. 30, 2014; Feb. 29, 2016; Aug. 31, 2016> |
| 2. | Expenses incurred in publicly announcing sale; |
| 4. | Installation expenses for infrastructure incurred in partitioning an industrial site (limited to cases where the industrial site is transferred after partitioned under Article 49 (4)). |
| (2) | A management agency shall collect expenses incurred in selecting a transferee pursuant to paragraph (1) when it transfers an industrial site, factory, etc.: Provided, That where a management agency deems it necessary, it may specify timing for collection separately. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 52 (Interests and Costs) |
| 1. | The amount calculated by multiplying the acquisition price of an industrial site to be transferred by the manufacturers' price index during the period from the date of acquisition to the date of transfer; |
| 2. | Acquisition tax and other taxes and public charges incurred in acquiring an industrial site to be transferred: Provided, That taxes collected in addition due to causes attributable to a person who has acquired an industrial site shall be excluded herefrom; |
| 3. | Costs incurred in maintaining, conserving, or improving an industrial site to be transferred. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 52-2 (Sale Price of Industrial Sites of Related Agencies) |
| (2) | Where a related agency has purchased an industrial site, a factory, etc. pursuant to Articles 39 (2), 43 (1) and (2) of the Act, it shall, within one year from the date of such purchase, transfer such to an occupant enterprise, support institution, or a person qualified to move into the relevant industrial complex prescribed in Article 6: Provided, That where a management agency deems that a related agency has a difficulty in transferring within one year from the date of such purchase, it may extend the period by up to one year. |
| (3) | The sale price of an industrial site or a factory, etc. purchased by a related agency shall be the amount according to the following classification: <Amended on Aug. 31, 2016; Jan. 21, 2022> |
| 1. | In cases of an industrial site: The amount calculated by adding the following amounts to the purchase price of an industrial site purchased by a related agency: Provided, That where the amount appraised by an appraisal corporation, etc.(hereinafter referred to as "appraised value") prescribed in the Act on Appraisal and Certified Appraisers, as at the time of sale, is lower than the amount under the main clause, the appraised value may be deemed the sale price: |
| (a) | The amount calculated by multiplying the purchase price of an industrial site by the rate of interest in which one percent per annum and an earning rate of circulation of treasury bonds (referring to three-year treasury bonds) pursuant to Article 3 of the State Bond Act were added; |
| (b) | Expenses incurred in relation to maintenance, conservation, or improvement of an industrial site purchased; |
| 2. | In cases of a factory, etc.: The appraised value. |
| (4) | If a related agency intends to transfer an industrial site or a factory, etc. pursuant to paragraph (2), it shall consult with a management agency in advance. |
| (5) | A related agency may lease or use an industrial site or a factory, etc. purchased pursuant to paragraph (1) until it transfers such pursuant to paragraph (2), within the extent of uses compatible with a management master plan with the consent of a management agency. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 52-3 (Partitioning of Industrial Sites of Enterprises Subject to Restructuring) |
[This Article Newly Inserted on Oct. 26, 2011]
[Previous Article 52-3 moved to Article 52-4 <Oct. 26, 2011>]
| Article 52-4 (Reporting of Disposition of Industrial Sites Acquired by Auction) |
| Article 50 shall apply mutatis mutandis where a person transfers an industrial site, factory, etc. pursuant to Article 40 (2) or 43 (2) of the Act. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 52-3 <Oct. 26, 2011>]
| Article 53 (Redemption of Industrial Site) |
| (1) | A management agency shall specify the matters on redemption of an industrial site prescribed in Article 41 of the Act in an occupancy agreement. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 54 (Period for Correction) |
"Period prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 42 (1) of the Act means six months. [This Article Wholly Amended on Aug. 5, 2009]
| Article 55 (Notice of Termination of Occupancy Agreement) |
When a management agency has terminated an occupancy agreement pursuant to Article 42 (1) of the Act, it shall inform agencies which granted permission, authorization, license, or registration under statutes or regulations on the relevant business of such fact. [This Article Wholly Amended on Aug. 5, 2009]
| Article 56 (Conduct of Remaining Business After Termination of Occupancy Agreement) |
| (1) | "Business prescribed by Presidential Decree, such as the conduct of the remaining business" in Article 42 (2) of the Act means manufacturing, processing, stevedoring, transportation, storage, and import and export business of goods, a contract for which has been already concluded and ancillary business related thereto, at the time when an occupancy agreement is terminated. |
| (2) | The remaining business under Article 42 (2) of the Act shall be conducted within three months: Provided, That where a management agency acknowledges that there is an unavoidable ground, such period may be extended. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 56-2 (Order to Remove Factory) |
| (1) | Where the authorized administrator places an order to remove a factory, etc. pursuant to Article 43-2 (1) of the Act, he or she shall notify the relevant occupant enterprise in advance thereof with an attached document in which the following matters are included: <Amended on Apr. 26, 2016> |
| 1. | Grounds for an order to remove a factory, etc.; |
| 3. | Methods and deadline for raising an objection. |
[This Article Wholly Amended on Aug. 5, 2009]
[Title Amended on Apr. 26, 2016]
| Article 56-3 (Disposition of Charge for Compelling the Performance and Agencies Entrusted with Collection Business) |
| (1) | "Management agencies prescribed by Presidential Decree" in Article 43-3 (6) of the Act means agencies referred to in the following subparagraphs: |
| 1. | The head of a local government entrusted with administrative business by the authorized administrator prescribed in Article 30 (2) 2 of the Act; |
| 2. | A corporation entrusted with administrative business by the authorized administrator prescribed in Article 30 (2) 3 of the Act (referring to only investigation business necessary for disposition and collection of charge for compelling the performance). |
| (2) | Procedures for imposing and collecting charge for compelling performance under Article 43-3 of the Act shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 57 (Support Business of Occupant Enterprises) |
"Support business prescribed by Presidential Decree, such as providing market information, supplying energy, promoting industrial labor relations, and vocational training" in Article 44 (1) of the Act means activities referred to in the following subparagraphs: | 1. | Business promoting the welfare of employees, such as supplying apartment housing to employees; |
| 2. | Business concerning water supply, prevention of industrial accidents, and prevention of environmental pollution; |
| 3. | Business concerning education and training; |
| 4. | Business incidental to showrooms; |
| 5. | Business Joint sales of products manufactured by occupant enterprises and joint purchasing; |
| 6. | Other businesses relating to promoting export trade and improving the productivity of occupant enterprises. |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 58 (Safety Supervision of Industrial Complexes) |
| (1) | Where a management agency intends to guide occupant enterprises on the safety supervision, pollution control, environmental management, etc. pursuant to Article 45 of the Act, it shall formulate and execute a safety supervision plan including the following: |
| 1. | Matters regarding the safety supervision of dangerous facilities; |
| 2. | Matters regarding the prevention of pollution; |
| 3. | Matters regarding cooperation with relevant administrative agencies related to subparagraphs 1 and 2. |
| (2) | A management agency may guide occupant enterprises on the matters referred to in the following subparagraphs pursuant to Article 45 of the Act: Provided, That where it provides guidance on the safety supervision, pollution control, environmental management, etc., or if necessary, it shall request the head of the relevant administrative agency to cooperate in the correction thereof: |
| 1. | Matters regarding the safety supervision and guard of factory facilities and factory workshops; |
| 2. | Matters regarding management, such as installation and checkup of facilities for the prevention of pollution; |
| 3. | Matters regarding facilities for the promotion of the welfare of employees; |
| 4. | Matters regarding the improvement of factory environment, such as the creation of a green tract; |
| 5. | Except as provided in subparagraphs 1 through 4, matters necessary for the safety supervision of an industrial complex. |
| (3) | Standards prescribed in the subparagraphs of paragraph (2) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 5, 2009]
| Article 58-2 (Formulation and Approval of Structure Improvement Plans) |
| (1) | "Construction projects prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 45-2 (1) of the Act means projects to build and operate any of the following buildings and facilities: <Amended on Aug. 11, 2016; Jan. 5, 2021; Feb. 11, 2022> |
| 2. | Knowledge industry centers; |
| (b) | Class 1 neighborhood facilities; |
| (c) | Class 2 neighborhood facilities (excluding religion assembly halls); |
| (d) | Facilities for cultural activities and assembly; |
| (e) | Commercial facilities; |
| (g) | Education and research facilities; |
| (h) | Facilities for senior citizens and children; |
| (m) | Facilities for tourism and relaxation; |
| (n) | Other facilities deemed necessary by an authorized administrator. |
| (2) | "Important matters prescribed by Presidential Decree" in the latter part, with the exception of the subparagraphs, of Article 45-2 (3) of the Act and in the latter part of paragraph (6) of the same Article shall be as follows: <Amended on Oct. 26, 2011; Dec. 30, 2014; Jun. 30, 2015> |
| 1. | Location and size (excluding size corrected according to the results of stereoscopic measurement) of an area slated for an industrial complex structure improvement project; |
| 2. | A project implementer for an industrial complex structure improvement project; |
| (3) | "Matters prescribed by Presidential Decree" in Article 45-2 (3) 13 of the Act shall be as follows: <Amended on Oct. 26, 2011; Dec. 30, 2014; Jun. 30, 2015> |
| 1. | A layout plan for an area slated for an industrial complex structure improvement project; |
| 2. | A location map, planned ground plan, and blueprint; |
| 3. | A plan on the management and disposal of land and facilities subject to development; |
| 4. | A plan on the attribution and replacement of public facilities defined in subparagraph 11 of Article 2 of the Act (hereinafter referred to as "public facilities"); |
| 5. | Deleted. <Oct. 26, 2011> |
| 6. | A plan for conducting an industrial complex structure improvement project by proxy (only applicable where part of the industrial complex structure improvement project is conducted by proxy pursuant to Article 45-3 (2) of the Act). |
| (4) | "Area where formulation of an industrial complex renovation plan prescribed by Presidential Decree is underway" in Article 45-2 (4) 1 of the Act means an area in which two and a half years have not passed since the formulation of an industrial complex renovation plan was commenced by a Mayor/Do Governor or the head of a Si/Gun/Gu: Provided, That this shall not apply to an area where the consultation between the relevant authorized administrator and the person authorized to designate the relevant industrial complex has been held pursuant to Article 45-2 (5) of the Act. <Amended on Dec. 30, 2014> |
| (5) | Matters subject to public notice pursuant to Article 45-2 (8) of the Act shall be as follows: <Amended on Dec. 30, 2014; Jun. 30, 2015> |
| 1. | Title of an industrial complex structure improvement project; |
| 2. | Name of a project implementer (in cases of a legal entity, its title and the name of its representative); |
| 3. | Purpose and outline of an industrial complex structure improvement project; |
| 4. | Location and size of an area slated for an industrial complex structure improvement project; |
| 5. | Execution period for an industrial complex structure improvement project (including a scheduled date for undertaking construction and scheduled date for work completion). |
[This Article Wholly Amended on Jul. 12, 2010]
| Article 58-3 (Project Implementer) |
| (1) | "Private enterprises satisfying the requirements prescribed by Presidential Decree" in the main clause of Article 45-3 (1) 3 of the Act and paragraph (2) 2 of the same Article means a corporation prescribed in the Civil Act, or an enterprise prescribed in the Commercial Act, which does not fall under any of the following: <Amended on Oct. 26, 2011; Apr. 29, 2016> |
| (2) | "Investment ratio prescribed by Presidential Decree" in the proviso of Article 45-3 (1) 3 of the Act means that the combined investment ratio of the persons falling under subparagraph 1 or 2 of the same paragraph is at least 20/100. <Amended on Jun. 8, 2021> |
[This Article Wholly Amended on Jul. 12, 2010]
| Article 58-4 (Vicarious Execution of Industrial Complex Structure Improvement Project) |
| (1) | A person who intends to vicariously conduct part of an industrial complex structure improvement project pursuant to Article 45-3 (2) of the Act shall submit an application for the proxy execution of an industrial complex structure improvement project specifying the following matters to a project implementer: <Amended on Jun. 30, 2015> |
| 1. | Name of a person who intends to vicariously conduct an industrial complex structure improvement project (in cases of a legal entity, referring to its title and the name of its representative), and his or her address; |
| 2. | Title, location and size of a predetermined zone slated for an industrial complex structure improvement project, where it is intended to vicariously conduct an industrial complex structure improvement project; |
| 3. | Outline of an industrial complex structure improvement project, including the following: |
| (a) | Purpose and necessity of the project; |
| (b) | Type and outline of the project; |
| (c) | Period for implementing the project. |
| (2) | An application for proxy execution of an industrial complex structure improvement project under paragraph (1) shall be accompanied by the following documents: <Amended on Jun. 30, 2015> |
| 1. | A location map of a zone slated for the project; |
| 4. | A re-investment plan of development profits. |
| (3) | A project implementer who receives an application filed under paragraph (1) shall determine whether to allow the applicant to conduct the project by proxy, in comprehensive consideration of public attributes, feasibility and appropriateness of the project. |
| (4) | Where a project implementer intends to allow the proxy execution of an industrial complex structure improvement project pursuant to paragraph (3), he or she shall conclude a contract on the proxy execution of an industrial complex structure improvement project. <Amended on Jun. 30, 2015> |
| (5) | A project implementer shall guide and supervise the agent of an industrial complex structure improvement project who has concluded a contract pursuant to paragraph (4) so that he or she can sincerely implement the project. <Amended on Jun. 30, 2015> |
[This Article Newly Inserted on Jul. 12, 2010]
[Title Amended on Jun. 30, 2015]
[Previous Article 58-4 moved to Article 58-5 <Jul. 12, 2010>]
| Article 58-5 (Re-Investment of Development Profits) |
| (1) | Development profits under Article 45-6 (1) of the Act shall be calculated by subtracting the total operating cost from the gross gains of the relevant industrial complex structure improvement project, and components thereof shall be prescribed in attached Table 5: Provided, That where development profits fall under paragraph (2) 1 and come from an industrial complex structure improvement project including only change into a complex zone prescribed in the proviso of Article 33 (8) of the Act, such development profits shall be calculated by the following formula. <Amended on Jun. 30, 2015; Sep. 24, 2019; May 12, 2020> |
(Gross gains ? Total operating cost) x [Profits from selling any sites and buildings in a zone the usage of which has been essentially changed / Gross gains]
| (2) | Development profits under Article 45-6 (1) of the Act shall be limited to the following development profits: <Amended on Apr. 10, 2012; Jun. 1, 2015; May 12, 2020> |
| (3) | Development profits under paragraph (1) shall be calculated based on estimated profits following the relevant structure improvement plan at the time of granting approval of the structure improvement plan, and the development profits shall be settled when an application for authorization of the completion of construction is filed. |
| (5) | "Industrial complex structure improvement projects prescribed by Presidential Decree, such as installation of industrial infrastructure and public facilities" in Article 45-6 (1) of the Act means the following projects: <Amended on Oct. 26, 2011; Jun. 30, 2015> |
| 1. | Maintenance, repair, improvement, and expansion of industrial infrastructure; |
| 2. | Maintenance, repair, improvement and expansion of public facilities; |
| 2-2. | Lowering of sale prices of industrial sites and facilities; |
| 3. | Other industrial complex structure improvement projects, recognized by an authorized administrator. |
| (6) | Each project implementer and agent shall complete the re-investment required by an industrial complex structure improvement project by the date of authorizing the completion of the project. <Amended on Oct. 26, 2011; Jun. 30, 2015> |
| (7) | Revenues from accounts to be separately established and operated under Article 45-2 (6) of the Act shall be composed of the following financial resources: <Newly Inserted on Apr. 19, 2022> |
| 2. | Interest income generated from accounting funds and other earnings; |
| 3. | Other financial resources recognized by any authorized administrator prescribed in Article 30 (2) 3 through 5 of the Act and the management agency entrusted with administrative affairs by such authorized administrator as the development profits earned from industrial complex structure improvement projects. |
| (8) | Accounts to be separately established and operated under Article 45-6 (2) of the Act shall be used for the following purposes: <Newly Inserted on Apr. 19, 2022> |
| 1. | Expenses incurred in relation to the industrial complex structure improvement projects referred to in the subparagraphs of paragraph (5); |
| 2. | Expenses incurred in relation to the surveys and research on industrial complex structure improvement projects; |
| 3. | Expenses incurred in formulating structure improvement plans; |
| 4. | Expenses incurred in creating, operating, managing separate accounts for re-investment of development profits; |
| 5. | Other expenses deemed necessary for industrial complex structure improvement projects by any authorized administrator prescribed in Article 30 (2) 3 through 5 of the Act and the management agency entrusted with administrative affairs by such authorized administrator. |
[This Article Newly Inserted on Jul. 12, 2010]
[Previous Article 58-5 moved to Article 58-9 <Jul. 12, 2010>]
| Article 58-6 (Authorization for Completion of Construction) |
| (1) | Where a project implementer intends to obtain authorization for the completion of construction pursuant to Article 45-7 (1) of the Act, he or she shall submit to an authorized administrator of the relevant industrial complex an application for the completion which includes the following: <Amended on Jun. 30, 2015> |
| 1. | Name of an implementer of an industrial complex structure improvement project (in cases of a legal entity, its title and the name of its representative), and his or her address; |
| 2. | Title of an industrial complex structure improvement project; |
| 3. | Location and size of an area where an industrial complex structure improvement project is implemented; |
| 4. | Project execution period; |
| 6. | Outline of maintenance, repair, improvement, expansion, etc. of industrial cluster infrastructure, industrial infrastructure, and public facilities. |
| (2) | An application for the completion of construction under paragraph (1) shall be accompanied by the following documents and drawings: |
| 1. | Completion inspection record (including built drawings and completion photos); |
| 2. | A graphical cadastral survey result map; |
| 3. | A disposal plan for land and facilities developed; |
| 4. | Attribution records and drawings for facilities, etc. regarding which the agent of attribution has been classified and clarified. |
| (3) | An authorized administrator may request the State, local government, public institution, or management agency that is to take over or manage public facilities, etc. included in an application for the completion under paragraph (1) to participate in the process of authorizing the completion. In such cases, a person who is requested shall comply with the request, unless any extraordinary circumstance exists. |
| (4) | When a structure improvement project has completed according to a structure improvement plan as result of the inspection on the completion pursuant to Article 45-7 (2) of the Act, an authorized administrator shall authorize the completion and issue a certificate of the authorization of the completion: Provided, That when the project has not been completed as planned for improving the structures, the authorized administrator shall promptly order to take necessary measures such as complementary construction. |
[This Article Newly Inserted on Jul. 12, 2010]
[Previous Article 58-6 moved to Article 58-10 <Jul. 12, 2010>]
| Article 58-7 (Public Announcement of Authorization for Completion) |
Matters to be publicly announced by an authorized administrator pursuant to Article 45-7 (6) of the Act shall be as follows: <Amended on Oct. 26, 2011; Jun. 30, 2015; May 12, 2020> | 1. | Title of an industrial complex structure improvement project; |
| 2. | Name of an implementer of an industrial complex structure improvement project (in cases of a legal entity, its title and the name of its representative), and his or her address; |
| 3. | Location and size of an area slated for an industrial complex structure improvement project (including the size of zones by use); |
| 4. | Date of authorization of the completion; |
| 5. | Matters concerning management and disposal of land and facilities. |
[This Article Newly Inserted on Jul. 12, 2010]
[Previous Article 58-7 moved to Article 58-11 <Jul. 12, 2010>]
| Article 58-8 (Guidelines for Fostering Smart Green Industrial Complexes) |
| (1) | The guidelines for fostering smart green industrial complexes referred to in Article 45-9 of the Act (hereafter in this Article referred to as "fostering guidelines") shall include the following: |
| 1. | Matters regarding the requirements and standards for the designation of smart green industrial complexes; |
| 2. | Matters regarding public invitation and evaluation of smart green industrial complexes (including matters regarding preferential treatment under Article 45-11 (3) of the Act); |
| 3. | Matters regarding the management of smart green industrial complexes; |
| 4. | Matters regarding basic direction-setting for the projects for promoting smart green industrial complexes; |
| 5. | Matters regarding survey on the current status of smart green industrial complexes; |
| 6. | Other matters necessary for the promotion of smart green industrial complexes. |
| (2) | "Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 45-9 (2) of the Act means any of the following: |
| 1. | Changes in fostering guidelines made in response to the enactment, amendment or repeal of relevant statutes or regulations; |
| 2. | Well-grounded modification such as the correction of errors, mis-entries, omissions, or any other matters not affecting the objectives of formulating fostering guidelines. |
| (3) | Public notice of fostering guidelines and any modification thereto under Article 45-9 (1) and (2) of the Act shall be made in the form of publication in the Official Gazette. |
| (2) | Where necessary for formulating or modifying fostering guidelines, the Minister of Trade, Industry and Energy may request cooperation from the head of a relevant central administrative agency, a Mayor/Do Governor, and the head of a public institution under the Act on the Management of Public Institutions. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-8 moved to Article 58-15 <Jun. 8, 2021>]
| Article 58-9 (Public Invitation for Smart Green Industrial Complexes) |
| (1) | Before making public invitation for designating smart green industrial complexes under Article 45-10 (1) of the Act, the Minister of Trade, Industry and Energy shall notify the following matters to the Mayor/Do Governor having jurisdiction over an area with an industrial complex: |
| 1. | Schedule for public invitation; |
| 2. | Qualifications and methods for participation; |
| 3. | Purposes of designating smart green industrial complexes; |
| 4. | Standards for the designation of smart green industrial complexes and evaluation plans; |
| 5. | Details of support for smart green industrial complexes; |
| 6. | Other matters necessary for public invitation for designating smart green industrial complexes. |
| (2) | Where a Mayor/Do Governor intends to obtain designation of a smart-green industrial complex, he or she shall submit to the Minister of Trade, Industry and Energy an application for the designation of a smart green industrial complex under Article 45-10 (2) of the Act (hereinafter referred to as "application for designation"), accompanied by the location map, floor plan, and bird's eye view drawings of the industrial complex for which he or she intends to obtain designation as well as other documents that can help verify the details of the application for designation as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| 1. | The current status of locations of occupant enterprises and support institutions eligible for preferential treatment under Article 45-11 (3) of the Act; |
| 3. | Details of the budgetary, human resources, and other types of support that the Mayor/Do Governor may provide; |
| 4. | Plans for development of both smart green industrial complexes and neighboring areas. |
| (4) | Where necessary for efficiently performing duties related to public invitation and evaluation for the designation of smart green industrial complexes, the Ministry of Trade, Industry and Energy may seek advice from relevant specialized institutions or entrust them with necessary survey research and research. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-9 moved to Article 58-16 <Jun. 8, 2021>]
| Article 58-10 (Designation of Smart Green Industrial Complexes) |
| (1) | Under Article 45-11 (3) of the Act, the Minister of Trade, Industry and Energy may give additional marks to industrial complexes in which occupant enterprises or support institutions referred to in the same paragraph are located, at the time of conducting an evaluation, in accordance with public notice given by the Minister of Trade, Industry and Energy. |
| (2) | Upon designation of a smart green industrial complex, the Minister of Trade, Industry and Energy shall give public notice of the following matters in the Official Gazette under Article 45-11 (4) of the Act: |
| 1. | Name, location, and size of the smart green industrial complex; |
| 2. | Date of designation of the smart green industrial complex; |
| 3. | Other matters deemed necessary by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-10 moved to Article 58-17 <Jun. 8, 2021>]
| Article 58-11 (Project Plans for Promoting Smart Green Industrial Complexes) |
| (1) | "Any modification to minor matters prescribed by Presidential Decree" in the proviso of Article 45-12 (1) of the Act means any of the following cases: |
| 1. | Where changes are made to a project plan for promoting smart green industrial complexes as applicable statutes or regulations are enacted, amended, or repealed; |
| 2. | Where the name of a project zone is changed as a result of a change in administrative districts, etc.; |
| 3. | Where the name of a project implementer is changed or the representative thereof is replaced; |
| 4. | Well-grounded modification such as the correction of errors, mis-entries, omissions, or any other matters not affecting the purposes of a project for promoting smart green industrial complexes. |
| (2) | Upon approval of a project for promoting smart green industrial complexes under Article 45-12 (1) of the Act, the Minister of Trade, Industry and Energy shall give public notice of the following matters in the Official Gazette in accordance with paragraph (3) of the same Article: |
| 1. | Name, location, and size of the smart green industrial complex; |
| 3. | Outline of the objectives of the project for promoting smart green industrial complexes and the details of the project implementation; |
| 4. | The period for implementing the project for promoting smart green industrial complexes. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-11 moved to Article 58-18 <Jun. 8, 2021>]
| Article 58-12 (Project Implementer) |
| 2. | An agency responsible for managing an industrial complex designated as a smart green industrial complex. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-12 moved to Article 58-19 <Jun. 8, 2021>]
| Article 58-13 (Data of Industrial Complexes) |
| 1. | Data from the manufacturing process, which are accumulated at occupant enterprises and include data on products, production volume, operating facilities, operating rate, failure rate, and energy (including new and renewable energy; hereafter in this Article the same shall apply), logistics, wastes, employment, etc.; |
| 2. | Data on energy, water supply and sewerage, communications, environment, traffic, logistics, etc., which are accumulated at industrial complex facilities, including industrial cluster infrastructure, industrial infrastructure, and public facilities; |
| 4. | Other data or knowledge expressed in marks, letters, voice, sound, images, etc. by means of optical or electronic processing with the aim of establishing or using devices and equipment for a project for promoting smart green industry complexes. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-13 moved to Article 58-20 <Jun. 8, 2021>]
| Article 58-14 (Collection, Processing, and Utilization of Data on Industrial Complexes) |
| (1) | Where a project implementer referred to in Article 45-14 of the Act intends to obtain consent to the collection, processing and utilization of data in an industrial complex referred to in Article 45-15 (1) of the Act (hereinafter referred to as "data in an industrial complex"), the project implementer shall notify the information holder of the following: |
| 1. | Purposes of collection, processing and utilization; |
| 2. | Items of data to be collected, processed, and utilized; |
| 3. | Methods for collection, processing and utilization; |
| 4. | The period for holding and utilizing data; |
| 5. | The fact that the information holder is entitled to deny consent, and disadvantages, if any, resulting from such denial of consent. |
| (2) | Before making changes to any matter falling under any of the subparagraphs of paragraph (1), a project implementer under Article 45-14 of the Act shall notify the information holder thereof and obtain his or her consent thereto. |
| (3) | Where a project implementer under Article 45-14 of the Act provides data in an industrial complex (excluding personal information) to the information holder or any third party, the Minister of Trade, Industry and Energy may determine and publicly announce the standard terms and conditions applicable and may recommend the use thereof. |
| (4) | The Minister of Trade, Industry and Energy may determine guidelines for utilizing and protecting data in an industrial complex and give public notice thereof to facilitate and protect the collection, processing, and utilization of such data. |
[This Article Newly Inserted on Jun. 8, 2021]
[Previous Article 58-14 moved to Article 58-21 <Jun. 8, 2021>]
| Article 58-15 (Businesses of Korea Industrial Complex Corporation) |
"Businesses prescribed by Presidential Decree" in Article 45-21 (1) 12 of the Act means businesses regarding the following: <Amended on Jul. 12, 2010; Mar. 23, 2013; Jun. 8, 2021> | 1. | Promotion of industrial clustering and regional industries; |
| 2. | Construction of a joint logistics base for industrial complexes; |
| 3. | Exchange and cooperation with industrial complexes overseas; |
| 4. | Facilitating intermediation and utilization of industrial sites, factories, etc., and manufacturing facilities, etc. in an industrial complex; |
| 5. | Job placement and other activities for smooth supply of and demand for human resources for occupant enterprises in an industrial complex; |
| 6. | Deleted; <Jun. 27, 2011> |
| 7. | Raising, management and investment of funds for providing support to industrial complexes and their occupant enterprises; |
| 8. | Acquisition and supply of land and leases of facilities; |
| 9. | Operation of various support facilities, such as exhibition centers, conference rooms, etc. to facilitate exchange between occupant enterprises and workers and to improve convenience of foreign buyers, etc.; |
| 10. | Assisting occupant enterprises in their restructuring and normalization of management; |
| 11. | Businesses entrusted by the Minister of Trade, Industry and Energy, the head of a local government, etc.; |
| 13. | Businesses corresponding to those referred to in subparagraphs 1 through 12, and approved by the Minister of Trade, Industry and Energy. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-8; previous Article 58-15 moved to Article 58-22 <Jun. 8, 2021>]
| Article 58-16 (Cooperation with Local Governments) |
| (1) | The Corporation shall cooperate with local governments and related agencies in the following matters under Article 45-21 (5) of the Act: <Amended on Jul. 12, 2010; Jun. 8, 2021> |
| 1. | Support regarding procedures for various types of authorization and permission for the establishment of a factory, from among the supporting businesses related to the establishment of factories specified in Article 45-21 (1) 7 of the Act, and the entrustment of such supporting businesses; |
| 2. | Entrustment of sites and affairs regarding compensation for loss, support in the installation of infrastructure, support in the procedures for various types of authorization, permission, etc., following the promotion of the businesses prescribed in Article 45-21 (1) 2, 3 and 5 of the Act; |
| (2) | A management agency may request that local governments or related agencies allow it to peruse necessary documents or make copies thereof, where necessary for performing the supporting businesses listed in the subparagraphs of paragraph (1). |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-9; previous Article 58-16 moved to Article 58-23 <Jun. 8, 2021>]
| Article 58-17 (Guidance on and Supervision of Operations) |
| (1) | The Minister of Trade, Industry and Energy may, pursuant to Article 45-25 of the Act, require the Corporation to report matters regarding its business operations, accounting and property, or require public officials under his or her control to inspect books, documents and other articles of the Corporation. <Amended on Jul. 12, 2010; Mar. 23, 2013; Jun. 8, 2021> |
| (2) | A public official who conducts an inspection pursuant to paragraph (1) shall present an identification indicating his or her authority to interested persons. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-10; previous Article 58-17 moved to Article 58-24 <Jun. 8, 2021>]
| Article 58-18 (Receipt and Management of Contributions) |
| (1) | Upon receipt of contributions under Article 45-26 of the Act, the Corporation shall open a separate account for management thereof and use them only for the purposes of the businesses listed in the subparagraphs of Article 45-21 (1) of the Act. <Amended on Jul. 12, 2010; Jun. 8, 2021> |
| (2) | Where the Corporation uses the contributions received for purposes other than those prescribed in paragraph (1), the State or a local government may collect all of the contributions used for the purposes other than the intended uses. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-11; previous Article 58-18 moved to Article 58-25 <Jun. 8, 2021>]
| Article 58-19 (Forms of Bonds) |
Bonds issued by the Corporation under Article 45-27 of the Act shall be in bearer form: Provided, That such bonds may be in registered form at the request of a subscriber or holder. <Amended on Jul. 12, 2010; Jun. 8, 2021> [This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-12; previous Article 58-19 moved to Article 58-26 <Jun. 8, 2021>]
| Article 58-20 (Methods of Issuing Bonds) |
Bonds to be issued by the Corporation shall be issued by means of public offering, firm commitment underwriting, or public sale.
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-13; previous Article 58-20 moved to Article 58-27 <Jun. 8, 2021>]
| Article 58-21 (Subscription to Bonds) |
| (1) | Where the Corporation intends to issue bonds by means of public offering, it shall prepare and deliver a subscription form for bonds, containing the following information: |
| 1. | Name of the Corporation; |
| 2. | Total amount of bonds to be issued; |
| 3. | Face value of bonds by type; |
| 4. | Interest rate on bonds; |
| 5. | Methods and period for redemption of bonds and methods for paying interest thereon; |
| 6. | The value of bonds issued or their lowest value; |
| 7. | Total value of bonds not yet redeemed, if any; |
| 8. | Where there is any company entrusted with bond offering, its trade name and address. |
| (2) | Any person intending to subscribe to a bond offering shall enter the number and value of bonds he or she intends to subscribe to and the address of a subscriber in two copies of a bond subscription form under paragraph (1), sign and seal thereon, and submit them to the Corporation. In such cases, the person shall indicate the subscription value where the lowest value of bonds is determined before issuance. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-14; previous Article 58-21 moved to Article 58-28 <Jun. 8, 2021>]
| Article 58-22 (Methods for Firm Commitment Underwriting and Sale) |
| (1) | Article 58-21 shall not apply where all bonds are underwritten in accordance with a contract. The same shall apply to the portion of such bonds underwritten by a company entrusted with bond offering. <Amended on Jul. 12, 2010; Jun. 8, 2021> |
| (2) | When bonds are issued by sale, the period of sales and matters referred to in Article 58-21 (1) 1 through 6 shall be publicly announced in advance. <Amended on Jul. 12, 2010; Jun. 8, 2021> |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-15 <Jun. 8, 2021>]
| Article 58-23 (Total Amount of Bonds Issued) |
In issuing bonds, the Corporation may indicate in a bond subscription form its intent to issue bonds even if the total amount actually subscribed to is less than the total value of the bonds issued as stated in the bond subscription form. In such cases, the total amount of such subscription shall be the total value of bonds issued.
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-16 <Jun. 8, 2021>]
| Article 58-24 (Payment for Subscribed Bonds) |
| (1) | When the subscription to bonds has been completed, the Corporation shall, without delay, have the subscribers pay the total of the value of bonds underwritten. |
| (2) | A company entrusted with bond offering may engage in the act prescribed in paragraph (1) for the Corporation in its own name. |
| (3) | Where bonds are issued by means of offering, such bonds shall not be issued until the total amount of the bonds to be issued is fully paid for. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-17 <Jun. 8, 2021>]
| Article 58-25 (Entries in Bonds) |
Bonds shall indicate the following and shall be signed and sealed by the CEO of the Corporation. <Amended on Jul. 12, 2010; Jun. 8, 2021>
| 1. | Matters specified in Article 58 (1) 1 through 5 (excluding the matter specified in subparagraph 2 of the same Article, if bonds are issued by sale); |
| 2. | Serial numbers of bonds; |
| 3. | The date of issuance of bonds. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-18 <Jun. 8, 2021>]
| Article 58-26 (Ledger of Bonds) |
| (1) | The Corporation shall keep a ledger of bonds in its principal office and enter the following matters therein: <Amended on Jul. 12, 2010; Jun. 8, 2021> |
| 1. | The number of bonds by type and their serial numbers; |
| 2. | The date of issuance of bonds; |
| (2) | Bonds in registered form shall indicate the following in addition to the matters listed in the subparagraphs of paragraph (1): |
| 1. | Name and address of the bondholder; |
| 2. | The date of issuance of bonds. |
| (3) | A holder or possessor of bonds may demand perusal of a ledger of bonds any time during the business hours of the Corporation. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-19 <Jun. 8, 2021>]
| Article 58-27 (Defects in Interest Coupons) |
| (1) | Where there is any defect in interest coupons attached to bearer bonds to be redeemed, the amount corresponding to the defective portion shall be deducted. |
| (2) | Any holder of an interest coupon referred to in paragraph (1) may demand payment of the amount deducted in exchange for such coupons. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-20 <Jun. 8, 2021>]
| Article 58-28 (Notification to Bond Holders) |
| (1) | A notice or peremptory notice to the subscriber or the right holder prior to the issuance of bonds shall be made to the address indicated on a bond subscription form. In such cases, where the Corporation has been notified of another address, such notice shall be made to that address. |
| (2) | A notice or peremptory notice to the holder of bearer bonds shall be made by means of public announcement: Provided, That this may not apply where the Corporation is able to obtain his or her address. |
| (3) | A notice or peremptory notice to the holder of registered bonds shall be made to the address indicated on a bond ledger. In such cases, where the Corporation has been notified of another address, such notice shall be made to that address. |
[This Article Wholly Amended on Aug. 5, 2009]
[Moved from Article 58-21 <Jun. 8, 2021>]
| Article 59 (Delegation and Entrustment of Authority and Duties) |
| (1) | The Minister of Trade, Industry and Energy (where the authority of management has been entrusted pursuant to paragraph (3), the head of the central administrative agency entrusted with such authority shall be included) shall delegate to the Mayor/Do Governor the authority over the imposition and collection of administrative fines on occupant enterprises or support institutions in national industrial complexes referred to in Article 55 (1) 1 through 5 and (2) 9 of the Act, receipt of an objection, and notification to a court pursuant to Article 51 (1) of the Act. <Amended on Aug. 5, 2009; Oct. 26, 2011; Mar. 23, 2013; Sep. 14, 2021> |
| (2) | The Minister of Trade, Industry and Energy shall entrust the Corporation with management affairs referred to in subparagraph 15 of Article 2 of the Act regarding national industrial complexes, except as provided in paragraph (3) or other statutes or regulations, under Article 31 of the Act. <Amended on Aug. 5, 2009; Mar. 23, 2013; Jun. 8, 2021; Sep. 14, 2021> |
| (3) | Where a request is made by the head of a relevant central administrative agency and where it is deemed that direct management is required for a national industrial complex, which was designated at the request of the head of the central administrative agency in accordance with Article 6 (2) of the Industrial Sites and Development Act, the Minister of Trade, Industry and Energy may entrust the head of such central administrative agency with the authority over the management of the relevant national industrial complex pursuant to Article 51 (1) of the Act. <Amended on Aug. 5, 2009; Oct. 26, 2011; Mar. 23, 2013; Jun. 8, 2021> |
| (4) | In accordance with Article 51 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust affairs regarding the sale and lease of State-owned land in national industrial complexes under Article 34 of the Act to the Corporation delegated or entrusted with the management of the relevant national industrial complex and shall entrust affairs regarding the sale and lease of State-owned land in general industrial complexes and urban high-tech industrial complexes under Article 34 of the Act to the competent Mayor/Do Governor. <Amended on Aug. 5, 2009; Jun. 27, 2011; Oct. 26, 2011; Mar. 23, 2013; Jun. 8, 2021> |
| (5) | In accordance with Article 51 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust the Corporation with the following affairs regarding smart green industrial complexes: <Newly Inserted on Jun. 8, 2021> |
| 1. | Affairs regarding the procedures for inviting public participation in designation as a smart green industrial complex under Article 45-10 (1) of the Act; |
| (6) | The Minister of Trade, Industry and Energy shall entrust the following affairs concerning the installation, operation, etc. of the Factory Establishment Management Information System to the Corporation pursuant to Article 51 (2) of the Act: <Newly Inserted on Oct. 26, 2011; Mar. 23, 2013> |
| 1. | Affairs concerning the installation and operation of the Factory Establishment Management Information System referred to in Article 6-2 (1) of the Act; |
| 2. | Deleted; <Jun. 30, 2015> |
| 4. | Affairs concerning the provision of education to users of the Factory Establishment Management Information System referred to in Article 6-5 of the Act and collection of education cost. |
[This Article Wholly Amended on Jul. 19, 1996]
[Title Amended on Jun. 8, 2021]
| Article 59-2 (Re-Examination of Regulation) |
| (1) | The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years from each base date (referring to the period that ends on the day before the base date of every third year), and take measures for improvement, etc.: <Amended on Dec. 9, 2014> |
| 1. | Qualifications for occupancy in an industrial complex under Article 6: January 1, 2014; |
| 2. | Deleted; <Mar. 3, 2020> |
| 3. | Scope of acts allowed in a growth management zone under Article 27 and attached Table 2: January 1, 2014; |
| 4. | Classification and scope of urban factories under Article 34 and attached Table 4: January 1, 2014; |
| 5. | Objects of exemption from approval for a public notice plan of sale in lots under Article 36-3: January 1, 2014; |
| 6. | Scope of businesses aimed at falling under the category of facilities which are allowed to move to a knowledge industry center under Article 36-4 and facilities for supporting production activities of occupant enterprises, which are allowed to move to a knowledge industry center: January 1, 2014; |
| 7. | Deleted; <Mar. 3, 2020> |
| 8. | Term of an occupancy contract of an industrial site, factory, etc. under Article 48-4, period for a rental contract and requirements for and subjects of preferential transfer: January 1, 2014; |
| 9. | Grounds for restrictions on disposition of industrial sites under Article 49 and procedures for disposition: January 1, 2014; |
| 10. | Deleted; <Mar. 3, 2020> |
| 11. | Scope of re-investment of development profits under Article 58-5 and businesses subject to such re-investment: January 1, 2014. |
| (2) | The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every two years from each base date (referring to the period that ends on the day before the date of every second year), and take measures for improvement, etc.: <Newly Inserted on Dec. 9, 2014> |
| 1. | Requirements of the knowledge industry center referred to in Article 4-6: January 1, 2015; |
| 2. | Standards for permission to open private roads under Article 19-2: January 1, 2015; |
| 3. | Reason for revocation of approval of installation of manufacturing facilities under Article 19-7: January 1, 2015; |
| 4. | Reason for revocation of registration of factories under Article 21: January 1, 2015; |
| 5. | Calculation of land price increases following change of zones by use and extent to which an authorized administrator may be contributed under Article 43-2: January 1, 2015; |
| 6. | Approval procedures for collection of common expenses of public facilities and collection procedures therefor under Article 48: January 1, 2015; |
| 7. | Standards for imposition of administrative fines under Article 60 and attached Table 6: January 1, 2015. |
[This Article Wholly Amended on Dec. 30, 2013]
| Article 60 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Apr. 5, 2011]
ADDENDA <Presidential Decree No. 13249, Jan. 14, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 14, 1991.
Article 2 (Repeal of Other Statutes or Regulations)
The Enforcement Decree of the Industrial Placement Act and the Enforcement Decree of the Industrial Complex Management Act shall be repealed respectively. Article 3 (Transitional Measures following Extension of Limited Readjustment Zone)
Article 4 (Special Cases regarding Construction and Extension of Factory for Publication of Daily Newspaper in Relocation Promotion Zone and Limited Readjustment Zone)
Where a factory for the publication of daily newspaper registered pursuant to the provisions of Article 7 of the Registration, etc. of Periodicals Act at the time of enforcement of this Decree is situated in the Relocation Promotion Zone or Limited Readjustment Zone, construction or extension shall be possible notwithstanding the provisions of Article 26 or 27. Article 5 (Transitional Measures concerning Industrial Complex)
Administrative agencies by industrial complex prescribed in the attached Table of the previous Enforcement Decree of the Industrial Complex Management Act shall be deemed to have been commissioned or entrusted with the management business of industrial complexes pursuant to the provisions of Article 5 of this Decree. Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
Where the previous Enforcement Decree of the Industrial Placement Act, the Enforcement Decree of the Industrial Complex Management Act or provisions thereof is cited in other statutes or regulations as at the time this Enforcement Decree enters into force, those statutes or regulations shall be deemed as citing this Enforcement Decree or the relevant provisions of this Enforcement Decree in case where the relevant provisions are included in this Enforcement Decree.
ADDENDA <Presidential Decree No. 13303, Feb. 2, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on February. 2, 1991.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 13353, Apr. 18, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13563, Dec. 31, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13731, Sep. 26, 1992>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Special Cases regarding Construction and Extension of Factory in Limited Readjustment Zone) Any factory which has been authorized or permitted pursuant to the relevant statutes or regulations for the establishment of a factory before the enforcement date of the amended Enforcement Decree of the Industrial Placement Act, the Presidential Decree No. 11722 (Jul. 6, 1985), in a zone admitted to the limited readjustment zone pursuant to the provisions of Article 3 of the same Decree, or which has received a certificate of report of factory establishment pursuant to Article 7 of the previous Industrial Placement Act may construct or extend within the period prescribed in Article 12 (3) after the enforcement of this Decree notwithstanding the provisions of Article 27. |
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
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. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14315, Jul. 4, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Permission for Construction of New Factory or Extension of Existing One)
Any person who has received permission to construct a new factory, or extend or relocate the existing one before the enforcement of this Decree in a zone that changed into the growth administration zone pursuant to this Decree from the former limited readjustment zone shall be deemed to have received permission for construction, extension, or relocation of a factory in the growth administration zone pursuant to this Decree.
Article 3 (Transitional Measures concerning Factories in Restricted Population Zone)
| (2) | In cases of an existing factory (refers to a factory registered pursuant to Article 16 of the Act at the time of enforcement of this Decree. the same shall apply hereinafter.) in a zone newly admitted into the restricted population zone pursuant to this Decree in the former limited readjustment zone, extension of a factory falling under any of the following subparagraphs shall be possible: <Amended by Presidential Decree No. 14822, Dec. 7, 1995> |
| 1. | Extension according to the content of permission, authorization, approval, reporting in cases where the business that received permission, authorization, approval, or reported, which accompanied extension of a factory pursuant to the provisions of the relevant statutes or regulations; |
| 2. | Extension in the zone concerned, in cases of a factory in the oil storage and oil transport facility zone that received urban planning facility decision pursuant to the provisions of Article 16 of the Urban Planning Act before the enforcement of this Decree; |
| 3. | Extension within the extent of permission, license, etc. or reporting in case where it has received permission, license, etc. or reported regarding forest damage, conversion of farmland, change of form and quality of land before the enforcement of this Decree for factory extension; |
| 4. | Extension according to the condition where factory extension was permitted before the enforcement of this Decree on condition that the factory extension shall be executed; |
| 5. | Extension necessary for the manufacture of an express train for the person who has contracted an express train supply contract with the government or government-contributed agency before the enforcement of this Decree. |
| (3) | The factory being the object of inducement of occupancy in the apartment type factory that received permission of factory establishment before the enforcement of this Decree in a zone that changed into the restricted population zone pursuant to this Decree among the formerly relocation promotion zones and limited readjustment zones shall be deemed as a factory where construction and extension in the apartment-type factory are permitted pursuant to the provisions of subparagraph 2 of Article 26. |
Article 4 (Transitional Measures concerning Small and Medium-Sized Enterprise Cooperation Business)
In cases of a small and medium-sized enterprise cooperation project site which has received approval of a small and medium-sized enterprise cooperation practice plan, and executing with the decision of change of a national land utilization plan pursuant to the provisions of Article 8 of the Act on the Utilization and Management of National Territory, it shall be deemed a factory that can be constructed within the factory area of 3000 square meters notwithstanding the provisions of Article 27-2. Article 5 (Special Cases regarding Construction of New Factory and Extension of Existing One in the Growth Administration Zone and Environmental Protection Zone)
| (2) | Where permission regarding forest damage, conversion of farmland and change of form and nature of land have been received before July 11, 1984 (date of public announcement of the basic Seoul Metropolitan Readjustment Plan pursuant to the Seoul Metropolitan Area Readjustment Planning Act) for construction or extension of a factory in a zone falling under a growth administration zone or an environmental protection zone pursuant to this Decree, or a factory establishment report has been already filed for an existing site, construction or extension of a factory in the zone concerned according to the permission or reporting may be possible. |
Article 6 (Special Cases regarding Construction, Extension, or Relocation of Factory according to Basic Programs for Management of Industrial Complexes)
The object factories for occupancy in the industrial complex pursuant to the basic program for management of industrial complex determined and publicly announced by the Minister of Commerce, Industry and Energy pursuant to the provisions of Article 33 of the Act, and the industrial complex management guideline (including the national industrial complex occupancy management guideline publicly announced by the Minister of Commerce, Industry and Energy) pursuant to the provisions of Article 32 of the Act in the national industrial complex designated before the enforcement of this Decree may be able to construct, extend or relocate a factory pursuant to the basic program for management of industrial complexes, industrial complex management guidelines, and industrial complex occupancy management guidelines notwithstanding the provisions of Articles 26 and 27. Article 7 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14822, Dec. 7, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) That permission which was received regarding construction or extension of a factory pursuant to the provisions of Article 20 of the Act before the enforcement of this Decree in a zone excluded from the growth administration zone pursuant to the amended provisions of subparagraph 4 of Article 4 is deemed a report filed regarding construction or extension of a factory pursuant to the provisions of Article 13 (1) of the Act. |
ADDENDA <Presidential Decree No. 14915, Feb. 15, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15123, Jul. 19, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes or Regulations)
Regulation of industrial site policy deliberation committee is repealed.
Article 3 (Transitional Measures concerning Detailed Use of Existing Factory Facilities Zone)
Factory facilities zone of the industrial complex designated pursuant to the previous provisions as at the time of enforcement of this Decree shall be deemed as having been designated as factory facilities use pursuant to the amended provisions of Article 43 (1) 1 until the use of the zone concerned is subdivided pursuant to the amended provisions of Article 43 (1) 1. Article 4 (Transitional Measures concerning Support Agency in Existing Industrial Complex)
To the support agency occupying or which decided to occupy the support facilities zone of industrial complex designated pursuant to the previous provisions as at the time this Decree enters into force, previous provisions shall apply notwithstanding the amended provisions of Article 6 (2).
ADDENDA <Presidential Decree No. 15137, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15432, Jul. 10, 1997>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (a) of Article 27-2 and subparagraph 3 (b) of attached Table 3 shall enter into force on January 1, 1998. |
| (2) | (Applicability to regarding Commission Fees) The amended provisions of Article 45 (3) shall begin to apply from the industrial complex whose industrial complex development execution plan pursuant to the Industrial Sites and Development Act is publicly notified for the first time after this Decree enters into force. |
| (3) | (Transitional Measures concerning Urban Business Type) Urban business type factory under the previous provisions as at the time this Decree enters into force shall be deemed as urban type factory under this Decree. |
ADDENDA <Presidential Decree No. 15511, Nov. 19, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 1997. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15650, Feb. 20, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15967, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 16043, Dec. 31, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Term of Validity) The amended provisions of subparagraph 3 (j) of the attached Table 2 shall be valid until December 31, 2003. <Amended by Presidential Decree No. 17515, Feb. 9, 2002> |
| (3) | (Transitional Measures concerning Construction or Extension of Factory whose Application for Approval was Received at Expiration of Term of Validity) To the construction or extension of a factory falling under any of the following subparagraphs, the amended provisions of subparagraph 3 (j) of attached Table 2 shall apply: <Amended by Presidential Decree No. 18039, Jun. 30, 2003> |
| 1. | Construction or extension of a factory whose application for approval was received or application for occupancy contract was received at the time of expiration of term of validity of the amended provisions of subparagraph 3 (j) of attached Table 2; |
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16532, Aug. 9, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 17052, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 17175, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 17515, Feb. 9, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17816, Dec. 26, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Article 2 (Applicability to Revocation of Approval of Establishment of Factory)
The provisions of subparagraph 3 of Article 19-4 shall apply to a factory which has received approval for establishment, etc. of a factory before the enforcement of this Decree. In this case, the date of enforcement of this Decree shall be deemed the date of approval of establishment, etc. of a factory, date of approval of installation of manufacturing facilities or date of start of factory construction. Article 3 (Applicability to Area of Factory Construction of Seoul Metropolitan Area Factory)
This amended provisions of Article 25 shall apply to the factory which has received approval of establishment, etc. of a factory before the enforcement of this Decree: Provided, That previous provisions shall apply to the case of extension pursuant to the provisions of subparagraph 3 (c) and (d) of the attached Table 2. Article 4 (Applicability to Support Facilities of Apartment Type Factory)
This amended provisions of Article 36-4 (3) shall begin to apply from the first apartment type factory whose establishment is approved after the enforcement of this Decree. Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
Where the previous Industrial Placement and Factory Construction Act or provisions thereof is cited in other statutes or regulations, and there are corresponding provisions in this Decree, it is deemed as having cited this Decree or the provisions of this Decree.
ADDENDA <Presidential Decree No. 18292, Feb. 25, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Term of Validity)
The amended provisions of subparagraph (1) (f) of attached Table 2 shall be valid until December 31, 2004.
Article 3 (Transitional Measures concerning Construction or Extension of Factory where Application for Occupancy Contract was Received at Expiration of Term of Validity)
Construction or extension of a factory where an application for an occupancy contract was received by the administrative agency at the time of expiration of term of validity of the amended provisions of subparagraph 1 (f) of the attached Table 2 shall be pursuant to the amended provisions.
Article 4 (Transitional Measures concerning Apartment Type Factory)
An apartment-type factory pursuant to the previous provisions at the time of the enforcement of this Decree shall be deemed as an apartment-type factory pursuant to the amended provisions of subparagraph 1 of Article 34. Article 5 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18457, Jun. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18847, May 26, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1 (e) and 3 (i) of attached Table 2 shall enter into force on July 28, 2005. |
| (2) | (Term of Validity) The amended provisions of subparagraph 1 (f) and the Sub-Table of attached Table 2 shall be valid not later than December 31, 2007. <Amended by Presidential Decree No. 20446, Dec. 13, 2007> |
| (3) | (Transitional Measures concerning Establishment or Extension of Factory for Which Application for Occupancy Contract is Accepted at Time of Completion of Effective Period) For the establishment or extension of a factory for which an application for occupancy contract has been accepted by the management agency of industrial complex at the time of expiration of effective period of the amended provisions of subparagraph 1 (f) of the attached Table 2, the same amended provisions shall apply. |
ADDENDUM <Presidential Decree No. 19169, Dec. 9, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19241, Dec. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Application Examples) The amended provisions of Article 19 (7) shall apply starting with the application for approval or approval for change of factory establishment, etc. received for the first time after the enforcement of this rule. |
ADDENDUM <Presidential Decree No. 19385, Mar. 10, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19534, Jun. 16, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19670, Sep. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19944, Mar. 22, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20046, May 2, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20383, Nov. 5, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20446, Dec. 13, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20595, Feb. 4, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21267, Jan. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to the imposition of administrative fines for acts committed before this Decree enters into force..
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21665, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Transitional Measures)
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Article 2 (Applicability to Term of Lease Contract in Industrial Complexes)
The amended provisions of Article 48-4 (2) shall begin to apply from the first lease contract a person enters into with a management agency after this Decree enters into force. Article 3 (Transitional Measures concerning Contribution of Land Price Increases Following Change of Zones by Use)
Notwithstanding the amended provisions of Article 43-2, the previous provisions shall apply where the change of zones by use is underway, following the conclusion of a contract when this Decree enters into force between a management agency and occupant enterprises, which stipulates land increases shall be contributed to a management agency. Article 4 Omitted.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22872, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Support Facilities of Knowledge Industry Centers)
| (1) | The amended provisions of Article 36-4 (2) 5 shall also apply to cases where approval for establishment is obtained before this Decree enters into force. |
| (2) | The amended provisions of Article 36-4 (4) 1 shall also apply to cases where approval for establishment is obtained before this Decree enters into force. In such cases, in cases of apartment-type factories for which approval for establishment was obtained pursuant to the previous provisions before July 1, 2003 which is the enforcement date of the amended Enforcement Decree of the Industrial Placement and Factory Construction Act (Presidential Decree No. 18039), "20/100" in the amended provisions of the proviso of Article 36-4 (4) 1 shall be construed as "30/100." |
Article 3 (Transitional Measures concerning Administrative Fines)
| (1) | The previous provisions shall apply to the application of standards for imposing administrative fines for offenses committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 6. |
| (2) | Any offense committed before this Decree enters into force and subjected to the disposition of imposition of administrative fines shall not be included in the counting of frequency of offenses referred to in the amended provisions of attached Table 6. |
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22987, Jun. 27, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the application of standards for imposing administrative fines for offenses committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 6.
ADDENDA <Presidential Decree No. 23259, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 (Applicability to Knowledge Industry Centers)
The amended provisions of Article 4-6 shall begin to apply from the first approval or occupancy contract which is obtained or concluded for the new establishment of a knowledge industry center after this Decree enters into force.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24228, Dec. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning Plans for Placement by Type of Business)
Plans for placement by type of business formulated pursuant to the previous provisions as at the time this Decree enters into force shall be deemed plans for placement by type of business formulated pursuant to the amended provisions of Article 43 (3).
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 24798, Oct. 16, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25250, Mar. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Re-investment of Development Profits)
The previous provisions shall apply to structure upgrade projects, which have obtained approval (including approval for revision; hereinafter the same shall apply) or for which an application for approval has been filed, as at the time this Decree enters into force, notwithstanding the amended provisions of Article 58-5 (4).
ADDENDA <Presidential Decree No. 25279, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25539, Aug. 6, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Contribution of Increased Value in Land Price Following Change of Zones by Use)
The amended provisions of Article 43-2 (3) shall begin to apply from modifications to a management master plan made after this Decree enters into force.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25920, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Measures on Partition of Industrial Sites)
The amended provisions of Article 49 (4) shall also apply where an occupant enterprise, etc. submits an application to dispose of an industrial site under Article 49 (2) and is not notified of the selected transferee before this Decree enters into force.
ADDENDA <Presidential Decree No. 26228, May 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Contribution of Increased Value in Land Price Following Change of Zones by Use)
The amended provisions of Article 43-2 (1) shall also apply where the increased value in land prices, which are incurred from the increase in land prices following change of zones by use before this Decree enters into force, are contributed after this Decree enters into force.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26316, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26357, Jun. 30, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 43, 48-4, and 48-5 shall enter into force on July 1, 2015, and the amended provisions of Articles 6, 8-3, 44-2, 59, and attached Table 6 shall enter into force on August 19, 2015.
ADDENDUM <Presidential Decree No. 26577, Oct. 6, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26980, Feb. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27027, Feb. 29, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27105, Apr. 26, 2016>
This Decree shall enter into force on April 28, 2016.
ADDENDA <Presidential Decree No. 27115, Apr. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27444, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28409, Oct. 31, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30094, Sep. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Business Types of Support Institutions Occupying Industrial Complex)
Notwithstanding the amended provisions of Article 6 (6), the previous provisions shall apply to support institutions that occupy an industrial complex under the previous provisions as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Change of Method for Calculating Development Profits)
Notwithstanding the amended provisions of Article 58-5 (1) and (4), the previous provisions shall apply to any industrial complex structure improvement project, for which approval (including approval for revisions; hereafter the same shall apply) has been obtained or an application for approval has been filed pursuant to Article 45-2 (3) of the Act, as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30672, May 12, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of Article 6 (5), subparagraph 1 of Article 26, subparagraph 1 (a) of Article 27-3, Article 27-4, the proviso of Article 42 (5), Article 43 (5) 6, attached Tables 1, 1-2, 2 and 3 and Article 2 (1), (2) and (5) of the Addenda shall enter into force three months after the date of its promulgation. Article 2 Omitted.
ADDENDA <Presidential Decree No. 30993, Sep. 8, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31741, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 9, 2021.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31982, Sep. 14, 2021>
This Decree shall enter into force on September 16, 2021.
ADDENDA <Presidential Decree No. 32223, Dec. 16, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 13, 2022. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32352, Jan. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2022.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 32411, Feb. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32587, Apr. 19, 2022>
This Decree shall enter into force on April 20, 2022.
ADDENDA <Presidential Decree No. 32625, May 3, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 33366, Mar. 28, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33399, Apr. 11, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33466, May 15, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 16, 2023
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33621, Jul. 7, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 10, 2023.
Articles 2 through 14 Omitted.