CHAPTER I GENERAL PROVISIONS
| Article 2 (Industrial areas determined in accordance with other statutes) |
"Industrial area designated as an area subject to development projects under other statutes prescribed by Presidential Decree, such as an industrial complex under subparagraph 8 of Article 2 of the Industrial Sites and Development Act" in subparagraph 1 of Article 2 of the Special Act on the Management and Revitalization of Urban Industrial Areas (hereinafter referred to as the "Act") means industrial areas designated and managed as follows: | 9. | Harbor hinterland complexes under the Harbor Act; |
| Article 3 (Support infrastructure) |
"Facilities prescribed by Presidential Decree" in Article 2 (1) 4 (b) of the Act means the following: | 1. | Facilities related to industries under Appendix 1 of the Enforcement Decree of the Industrial Development Act, which are supplied or directly operated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun within the jurisdiction of a Metropolitan City; hereinafter referred to as the "head of a Si/Gun, etc.") or public institutions and local public enterprises, such as the Korea Land and Housing Corporation under Article 27 (1) 2 and 3 of the Act (hereinafter referred to as "public institutions, etc.) for industrial support or support for business start-up; |
| 4. | Other facilities prescribed by ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, or Si/Gun (excluding Guns within the jurisdiction of Metropolitan Cities; hereinafter referred to as "Si/Gun, etc.") for the purpose of revitalizing industrial functions and supporting employees in industrial areas. |
| Article 4 (Public rental industrial facilities) |
"Facilities prescribed by Presidential Decree" in Article 2 (1) 8 of the Act means any of the following facilities, from among facilities under subparagraph 1 of Article 3: <Amended on Jul. 2, 2024> | 10. | Other facilities prescribed by ordinance of a Si/Gun, etc., which are deemed necessary for the revitalization of industrial areas. |
| Article 5 (Details of national basic policies on industrial areas) |
"Matters prescribed by Presidential Decree" in Article 4 (3) 5 of the Act means the following: | 1. | Principles for designating industrial improvement zones and industrial innovation zones and basic directions for plans; |
| 2. | Roles played by entity for management and revitalization of industrial areas; |
| 3. | Basic directions of installation of support infrastructure; |
| 4. | Basic directions for financial support; |
| 5. | Directions for linking with major national policy fields, including industry and housing supply. |
| Article 6 (Fact-finding survey for formulation of national basic policies on industrial areas) |
| (1) | The items of a fact-finding survey to formulate the national basic policies on industrial areas under Article 4 (5) of the Act (hereinafter referred to as "fact-finding survey on industrial areas") shall be as follows: |
| 1. | Change of industrial structure and functions in industrial areas; |
| 2. | The current status of population, number of enterprises, and number of workers in industrial areas; |
| 4. | The current status of financial conditions, such as change of tax revenue and expenditure, in relation to industrial areas of local governments; |
| 5. | The current status of support infrastructure in industrial areas. |
| (2) | The fact-finding survey on industrial areas shall be annually conducted and methods of indirect research by using statistic data, documents, etc. may be utilized. |
| (3) | Before conducting the fact-finding survey on industrial areas, the Minister of Land, Infrastructure and Transport shall formulate a survey plan which includes the purpose and contents of the survey and research methods, etc. |
| Article 7 (Procedures for formulation of national basic policies on industrial areas) |
Where the Minister of Land, Infrastructure and Transport finalizes national basic policies on industrial areas in accordance with the main clause of Article 4 (6) of the Act, he or she shall publicly notify the main contents thereof in the Official Gazette without delay and send the national basic policy on industrial area to the heads of the relevant central administrative agencies and the heads of the relevant local governments to which such industrial area belongs.
| Article 8 (Minor modification of national basic policies on industrial areas) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 4 (6) of the Act means the matters under paragraph (3) 4 of the same Article.
CHAPTER II FORMULATION OF MASTER PLAN FOR INDUSTRIAL AREAS
| Article 9 (Types of management of industrial areas) |
| (1) | The types of management of industrial areas under Article 6 (5) of the Act shall be classified as follows: |
| 1. | Industrial innovation type: The type necessary to drive the maintenance of surrounding areas by promoting industrial innovation through attracting new industries, linking various functions other than industries, etc.; |
| 2. | Industrial improvement type: The type that requires overall improvement due to the decline of the existing industries, poor physical environment, or the mixture of various uses, such as industry and residence; |
| 3. | Industry management type: The type that requires maintenance of support infrastructure, etc. in order to continuously promote and support the existing industries or to additionally attract new industries. |
| (2) | The Si/Gun, etc. may apply the types of management of industrial areas under paragraph (1) by ordinance of the relevant Si/Gun, etc., through mixture or subdivision of such types, by taking into account the characteristics of industrial areas within the relevant region. |
| (3) | The standards for the formulation of a master plan for industrial areas under Article 6 (5) of the Act shall be classified as follows: |
| 1. | It shall establish the future vision of industrial areas and present the directions for plans to realize such vision; |
| 2. | It shall be formulated by fully considering the current status of industrial areas, conditions of surrounding areas, etc.; |
| 3. | It shall be comprehensively and generally formulated to resiliently cope with changes in given conditions; |
| 4. | It shall ensure that sectoral plans are mutually connected; |
| 5. | Where matters concerning the designation of an industrial improvement zone or an industrial innovation zone are included, it shall present the basic directions for the management of the relevant zone; |
| 6. | It shall ensure to connect the layout of support infrastructure, facilities for environmental management, etc. with project plans for surrounding areas; |
| 7. | It shall present directions of the standards for maintenance and management, taking into account the characteristics of various industrial areas within the relevant region. |
| (4) | Detailed matters concerning the standards for formulating master plans for industrial areas under paragraph (3) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 10 (Details of master plan for industrial areas) |
"Matters prescribed by Presidential Decree" in Article 7 (1) 11 of the Act means the following; provided, such matters shall be included in the master plan for industrial areas only in cases of areas requiring the relevant matters: | 1. | Measures for industrial innovation and job creation; |
| 2. | Measures for planned management and support for relocation, etc. of factories located in special-purpose areas other than industrial areas, such as residential areas and green areas, into industrial areas; |
| 3. | Measures for planned improvement and management of areas with the mixture of various uses, such as industry and residence; |
| 4. | Measures for the preservation and utilization of industrial-related facilities worth preserving historically and culturally in industrial areas; |
| 5. | Measures to stabilize real estate prices following the designation of industrial improvement zones and industrial innovation zones; |
| 6. | Other matters prescribed by ordinance of a Si/Gun, etc., taking into account the characteristics in industrial areas. |
| Article 11 (Basic survey for formulating master plan for industrial areas) |
| (1) | A basic survey to formulate the national basic policies on industrial areas under the former part of Article 8 (1) of the Act (hereinafter referred to as "basic survey on industrial areas") shall include the following matters: |
| 1. | The general status of nature, humanities, social science, environment, etc.; |
| 2. | The current status and trend of population change; |
| 3. | The current status by industry and enterprise and the trend of development; |
| 4. | The current status of land use; |
| 5. | The current status of support infrastructure. |
| (2) | The methods for conducting a basic survey on industrial areas are as follows: |
| 1. | Analyzing the industries, economy, and environment of all the entire industrial area and its associated areas and establishing basic data on all industrial enterprises in the entire industrial area, such as the current status of business types, in order to connect industrial policies and spatial plans; |
| 2. | Where it is necessary to prepare measures to support the revitalization of regional industries, in such cases as where specific types of business are concentrated in an industrial area, investigating the regional industrial ecosystem of the area where such types of business are concentrated. |
| (3) | Detailed matters concerning the items of and the methods for conducting a basic survey on industrial areas under paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (4) | The head of a Si/Gun, etc. may request the heads of relevant administrative agencies to submit necessary data for conducting a basic survey on industrial areas. |
| (5) | The head of a Si/Gun, etc. shall continuously utilize data compiled through the basic survey on industrial areas, in connection with the comprehensive information network for industrial areas under Article 77 of the Act, for future research and policy formulation related to industrial areas. |
| Article 12 (Hearing of opinions of residents) |
When the head of a Si/Gun, etc. intends to hold a public hearing in accordance with Article 9 (1) of the Act, he or she shall make a public announcement of the following matters at least once not later than 14 days before the scheduled date of the public hearing through daily newspapers, websites of the relevant Si/Gun, etc., or by other means: | 1. | Objectives of a public hearing; |
| 2. | Date, time, and venue of a public hearing; |
| 3. | Summary of a master plan for industrial areas to be formulated or modified; |
| 4. | Other matters deemed necessary by the head of a Si/Gun, etc. for holding public hearings. |
| Article 13 (Minor modification of master plan for industrial areas) |
"Any modification of minor matters prescribed by Presidential Decree" in the proviso of Article 9 (1) of the Act means the following: | 1. | Where a master plan for industrial areas is modified due to a change in the directions for major policies or policy projects of the State; |
| 2. | Where any part included in or excluded from a master plan for industrial areas due to an obvious error when formulating such plan is corrected; |
| Article 14 (Finalization of master plan for industrial areas) |
| (1) | Where the head of a Si/Gun (excluding a large Si with a population of at least 500,000 persons) undergoes deliberation by a local urban planning committee under Article 113 of the National Land Planning and Utilization Act (hereinafter referred to as "local urban planning committee") in accordance with Article 10 (1) of the Act, he or she shall require at least 3 members who have knowledge and experience in the fields related to urban or Gun planning, such as land use, traffic, construction, environment, etc., from among the members of the urban planning committee of the Do to which the relevant Si/Gun belongs, to participate in such deliberation. |
| (2) | Where the head of a Si/Gun organizes a local urban planning committee in accordance with paragraph (1), he or she shall request the Do to which the relevant Si/Gun belongs to recommend members thereof. |
| (3) | Upon receipt of a request under paragraph (2), a Do Governor shall recommend a member and notify the head of a Si/Gun thereof. |
| (4) | When the head of the relevant Si/Gun, etc. has finalized a master plan for industrial areas in accordance with Article 10 (1) of the Act, he or she shall publicly announce the main details thereof in the official report of the relevant Si/Gun, etc. without delay. |
| (5) | "Where minor matters prescribed by Presidential Decree are modified" in Article 10 (3) of the Act means the cases falling under the subparagraphs of Article 13. |
CHAPTER Ⅲ DESIGNATION OF INDUSTRIAL AREA IMPROVEMENT ZONES
Section 1 Designation of industrial improvement zones
| Article 15 (Designation of industrial improvement zones and determination of industrial improvement zone plans) |
| (1) | "Industrial area ...<omitted>... that meets the requirements prescribed by Presidential Decree, such as an area with poor support infrastructure" in Article 13 (1) of the Act means any of the following industrial areas: |
| 1. | Any of the following industrial areas, which need to be improved and expanded due to the deterioration of support infrastructure, in the relevant area, falling under all of the following items: |
| (a) | An area where the road ratio (the ratio of the road to the total area of a certain area) of a road with a width of at least 8 meters is 10/100 or less; |
| (b) | An industrial area requiring improvement or expansion of waterworks and sewerage facilities, where 20 years have passed since the installation of such facilities or the water supply and treatment capacity of such facilities is insufficient; |
| 2. | An industrial area in which the ratio of industrial facilities for which 20 years have passed since the completion of construction is at least 50/100 of the total industrial facilities (referring to facilities that can be installed on a site for industrial facilities under the Industrial Sites and Development Act; hereinafter the same shall apply) in the relevant area, which requires improvement and upgrade of industrial facilities; |
| 3. | An industrial area which requires simultaneous planned improvement, such as industrial revitalization and residential environment improvement, due to the mixture of various uses, such as industry and residence, and which accounts for at least 10/100 of the ratio of the total site area of industrial facilities in the relevant area; |
| 4. | Any of the following industrial areas, which require revitalization of industries through the improvement and support of the existing industries and the attraction of new industries: |
| (a) | An area where the site area of a factory relocated or closed down for the last 3 years due to industrial decline, relocation of a factory, etc. is at least 10/100 of the total area in the relevant area; |
| (b) | An area where the number of enterprises in the relevant area (referring to the total number of enterprises according to the result of the Census on Establishments that the Commissioner of the Statistics Korea approves for production of statistics in accordance with Article 18 of the Statistics Act) has decreased due to industrial decline, factory relocation, etc. by at least 10/100 in the last 3 years; |
| 5. | An undeveloped area in the industrial areas, which requires promotion of attraction of industrial facilities, such as factories and logistics facilities; |
| 6. | An industrial area that meets the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which requires support for the continuous revitalization of the industrial ecosystem; |
| 7. | An industrial area where the head of a Si/Gun, etc. deems it necessary to continuously revitalize the industry through industrial improvement and support as an area concentrated with industrial facilities. |
| (2) | The size of an industrial improvement zone under Article 13 (1) of the Act shall be at least 10,000 square meters of zone; provided, the standards for minimum size may be relaxed by ordinance of a Si/Gun, etc. within 50/100, taking into account the current status of the zone and industrial characteristics. |
| (3) | The types of industrial improvement zones under Article 13 (4) of the Act shall be as follows: |
| 1. | Industrial revitalization zone: An industrial improvement zone, which is an area with poor support infrastructure and the increasing relocation or closure of factories, that promotes the revitalization of industrial areas through the improvement and expansion of support infrastructure and the improvement and upgrade of deteriorated industrial facilities; |
| 2. | Industrial residential convergence zone: An industrial improvement zone, which requires simultaneous planned improvement, such as revitalization of industries and improvement of residential environments, due to the mixture of various uses, such as industry and residence, that induces the improvement of industrial areas by improving and expanding industrial infrastructure, such as support infrastructure, and clustering residential uses, etc.; |
| 3. | Industrial site promotion zone: An industrial improvement zone, located in areas that have been designated as an industrial area, but lack industrial infrastructure due to delayed development for reasons such as undevelopment, which promotes industrial sites through the improvement and expansion of support infrastructure, support for move-in, etc.; |
| 4. | Regional industrial fostering zone: An industrial improvement zone, located in areas where the planned fostering of regional industries is necessary for areas concentrated with regionally specialized types of business or where the improvement and support of industrial infrastructure is necessary to prevent the decline of regional industries, that induces the fostering of regional industries through the improvement, expansion, etc. of support infrastructure. |
| Article 16 (Subdivision and consolidation of industrial improvement zones) |
| (1) | Where an industrial improvement zone meets all of the following requirements, the head of a Si/Gun, etc. may designate the relevant zone by dividing it into 2 or more project implementation districts in accordance with Article 14 (1) of the Act: |
| 1. | Such division shall be deemed necessary for the efficient promotion of an industrial area improvement project; |
| 2. | The area of each project implementation district after the division of an industrial improvement zone shall be at least 10,000 square meters (at least 5,000 square meters, if recognized by the head of the relevant Si/Gun, etc. according to State or public land or regional conditions). |
| (2) | Where at least 2 areas separated from one another meet all of the following requirements, the head of a Si/Gun, etc. may combine and designate such areas as a single industrial improvement zone in accordance with Article 14 (1) of the Act: |
| 1. | That at least 2 areas separated from one another shall be located in the same Si/Gun, etc.; |
| 2. | That at least 1 area where any of the following projects is implemented shall be included in an industrial improvement zone: |
| (c) | Other projects prescribed by ordinance of the relevant Si/Gun, etc. |
| Article 17 (Requirements of proposal of designation of industrial improvement zones) |
| (1) | "Person who meets the requirements prescribed by Presidential Decree, such as the owners of land in an industrial area" in Article 15 (1) of the Act means persons falling under Article 27 (1) 2 through 9 of the Act. |
| (2) | Where a person falling under Article 27 (1) 4 through 9 of the Act (excluding a corporation falling under subparagraph 9 of the same paragraph, which is a corporation falling under subparagraph 9 of the same paragraph and having invested in excess of 50/100 by a person falling under subparagraphs 1 through 3 of the same paragraph), from among persons falling under paragraph (1), intends to propose the designation of an industrial improvement zone, he or she shall obtain consent from at least 2/3 of the owners of land of the land in the zone subject to designation and at least 1/2 of the total number of the owners of land in the zone thereto. In such cases, State or public land shall be excluded from the area of the land subject to consent. |
| (3) | Where a person falling under paragraph (1) intends to propose the designation of an industrial improvement zone in accordance with Article 15 (1) of the Act, he or she shall submit a proposal prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the relevant Si/Gun, etc., along with designation drawings, plans, and descriptions of plans of an industrial improvement zone and other necessary documents. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), detailed matters necessary for proposing the designation of an industrial improvement zone shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 18 (Matters to be included in industrial improvement zone plans) |
| (1) | "Matters prescribed by Presidential Decree" in Article 16 (1) 19 of the Act means the following: |
| 1. | Where it is necessary to install infrastructure under the National Land Planning and Utilization Act (hereinafter referred to as "national infrastructure") provided for the use of an industrial improvement zone outside the industrial improvement zone, a plan to install national infrastructure outside the industrial improvement zone; |
| 2. | A plan for cultural and assembly facilities, employees' welfare facilities, and sports facilities to support enterprises and employees; |
| 3. | A plan for managing the existing buildings, structures, etc.; |
| 4. | Other matters prescribed by ordinance of a Si/Gun, etc. |
| (2) | The standards for preparing an industrial improvement zone plan under Article 16 (2) of the Act shall be as follows: |
| 1. | It shall be in compliance with the national basic policies on industrial areas under Article 4 of the Act and a master plan for industrial areas under Article 6 of the Act; |
| 2. | It shall diagnose the current status of physical conditions and decline factors of industrial areas, such as the growth trend of the industrial areas, the characteristics of land thereof, and the conditions of use of support infrastructure and convenience facilities, and shall induce the constraints, potential, and growth factors of the industrial areas; |
| 3. | It shall have measures to manage performance, such as detailed objectives, evaluation indexes, and methods of evaluations of industrial area improvement projects; |
| 4. | It shall present the directions centered on industrial functions when formulating sectoral plans, such as land use plans; |
| 5. | It shall promote the development of industrial areas in a sound and sustainable manner by elevating the organic relevance between plans and environments, such as conducting a prior examination of impacts of development of industrial areas or installation of support infrastructure on the environments; |
| 6. | It shall be formulated in consideration of a project plan under other statutes or regulations. |
| (3) | Detailed matters concerning standards for preparing an industrial improvement zone plan under paragraph (2) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 19 (Details of basic surveys in industrial improvement zones) |
| (1) | Matters that the implementer of an industrial area improvement project or a person who intends to become an implementer thereof may investigate or survey in accordance with Article 17 (1) of the Act shall be as follows: |
| 1. | Changes in industrial structure and industrial functions of industrial improvement zones and surrounding industrial areas; |
| 2. | The current status of population, number of enterprises, and number of workers in industrial improvement zones and surrounding industrial areas; |
| 3. | The current status of dilapidated and substandard structures in industrial improvement zones and surrounding industrial areas; |
| 4. | The current status of support infrastructure in industrial improvement zones and surrounding industrial areas; |
| 5. | The current status of land use, obstacles, and various development projects in industrial improvement zones; |
| 6. | The current status of traffic in industrial improvement zones and surrounding industrial areas; |
| 7. | Frequency and current status of damage by storm and flood, landslide, ground failure and other disasters; |
| 8. | Other matters prescribed by ordinance of the relevant Si/Gun, etc. |
| (2) | If any investigation or survey data is available under other statutes or regulations with respect to the matters to be investigated and surveyed in accordance with paragraph (1), such data may be preferentially utilized. |
| (3) | Detailed standards for the scope of surrounding industrial areas under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 20 (Hearing of opinions of residents) |
Where the head of a Si/Gun, etc. intends to hear opinions from interested persons, such as residents and factory owners, and relevant experts, etc. in accordance with Article 18 (1) of the Act, he or she shall publicly announce the following matters in at least 2 daily newspapers mainly distributed in the relevant area and on the website of the relevant Si/Gun, etc. and make the following matters accessible to the general public for inspection for at least 14 days (calculated excluding Saturdays and holidays under the Regulations concerning Holidays of Government and Municipal Offices): | 1. | Designation of industrial improvement zones and overview of industrial improvement zone plans; |
| 2. | Matters concerning a project implementer and the methods of implementing an industrial improvement zone project; |
| 3. | Period for public inspection; |
| 4. | Other matters that the head of a Si/Gun, etc. deems necessary for public notice. |
| Article 21 (Minor modification of industrial improvement zone plans) |
"Where ... <omitted>... intends to modify minor matters prescribed by Presidential Decree" in the provisos of Articles 18 (1) and 19 (1) of the Act means cases of modifying matters falling under the subparagraphs of Article 16 (1) of the Act, excluding the following cases. In such cases, where minor matters are modified several times, it shall be calculated cumulatively: | 1. | Where the area of an industrial improvement zone increases or decreases by at least 10/100; |
| 2. | Where the method for implementing the project under Article 33 (1) of the Act is changed; |
| 3. | Where types of business to be invited are changed (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100); |
| 4. | Where the area of land by use in the land use plan increases or decreases by at least 10/100; |
| 5. | Where the area of each facility in the plan for the installation of support infrastructure increases or decreases by at least 10/100; |
| 6. | Where the total floor area by use of a building for which restrictions on construction are relaxed in accordance with Article 52 of the Act increases by at least 20/100 of the total floor area of such building; |
| 7. | Where the total floor area of main uses of a building is changed by at least 20/100 (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100); |
| 8. | Where it is deemed necessary to protect the rights and interests of the owner of a land, etc. and prescribed by ordinance of a Si/Gun, etc. |
| Article 22 (Public notice of designation of industrial improvement zones) |
| (1) | Public notice under the former part of Article 20 (1) of the Act shall include the following matters; provided, matters under subparagraph 9 may be publicly notified after designating a project implementer: |
| 1. | Name, location, and area of the industrial improvement zone; |
| 2. | Objectives of designating industrial improvement zones; |
| 3. | The project implementer (referring to a proposer if no project implementer has been designated) and the location of the principal office thereof; |
| 4. | The period and methods of implementation of industrial improvement zone projects; |
| 5. | A land use plan and a plan for the installation of support infrastructure; |
| 6. | A plan for types of business to be invited (including a plan for placement of the types of business to be invited); |
| 7. | A support plan for major facilities for the development of industrial improvement zones; |
| 8. | The details of land prescribed by Decree of the Ministry of Land, Infrastructure and Transport (excluding cases where the details of land are publicly notified in accordance with subparagraph 9); |
| 10. | Where it is necessary to install national infrastructure provided for the use of an industrial improvement zone outside the industrial improvement zone, a plan to install national infrastructure outside the industrial improvement zone; |
| 11. | Matters concerning urban or Gun management plans under the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun management plans") (including matters deemed determined and publicly notified as district-unit planning zones and a district-unit plans in accordance with Article 20 (3) of the Act); |
| 12. | Methods of inspecting related drawings and specifications. |
| (2) | Where the head of a Si/Gun, etc. designates an industrial improvement zone and modifies an industrial improvement zone plan, he or she shall publicly notify such modified matters in the official report. |
| Article 23 (Activities subject to permission for development activities) |
| (1) | "Activities prescribed by Presidential Decree, such as constructing a building, installing a structure, changing the form and quality of land, collecting soil or stones, dividing land, piling up goods, and lumbering or planting bamboo trees" in Article 20 (5) of the Act means the following activities: |
| 1. | Construction, etc. of buildings: Constructing, substantially repairing, or changing uses of buildings (including any temporary buildings) under Article 2 (1) 2 of the Building Act; |
| 2. | Installation of structures: Installing artificially manufactured facilities (excluding buildings under the Building Act); |
| 3. | Changing the form or quality of land: Changing the shape of land by cutting, filling, leveling, or paving; land excavation; or reclamation of public waters; |
| 4. | Collecting soil and stones: Collecting soil and stones, such as earth, sand, aggregates, and rocks; provided, collecting soil and stones to change the form and quality of land shall be governed by subparagraph 3; |
| 6. | Piling up goods: Piling goods not easily movable for at least 1 month; |
| 7. | Lumbering and planting bamboo. |
| (2) | Where the head of a Si/Gun, etc. intends to grant permission for any of the activities under the subparagraphs of paragraph (1) of this Article in accordance with Article 20 (5) of the Act, he or she shall hear in advance opinions of a project implementer, if already designated in accordance with Article 27 of the Act. |
| (3) | A person who intends to obtain permission for development activities or modification thereof in accordance with Article 20 (5) of the Act shall prepare an application prescribed by Decree of the Ministry of Land, Infrastructure and Transport and submit it to the head of the relevant Si/Gun, etc. |
| 1. | Installing a temporary structure prescribed by Decree of the Ministry of Land, Infrastructure and Transport, used directly for producing agricultural products, forest products or marine products; |
| 2. | Changing the form and quality of land for cultivation; |
| 3. | Extracting soil and stone to the extent not hindering the development of an industrial improvement zone nor damaging natural landscape; |
| 4. | Piling up goods on a site to remain in an industrial improvement zone; |
| 5. | Temporarily planting decorative bamboo (excluding temporary planting in arable land). |
| (5) | A person who intends to continue to implement a project or construction works in accordance with Article 20 (7) of the Act shall submit an application prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the competent Si/Gun, etc. along with the progress of the project or construction works and an implementation plan thereof, within 30 days from the date of designation and public notice of the industrial improvement zone. |
| Article 24 (Public notice of cancellation of designation of industrial improvement zones) |
| (1) | Where the head of a Si/Gun, etc. intends to cancel or revoke the designation of an industrial improvement zone or the determination of an industrial improvement zone plan in accordance with Article 21 (1) of the Act, he or she shall consult with the heads of relevant administrative agencies, specifying the matters under the subparagraphs of paragraph (2). |
| (2) | Public notice under Article 21 (3) of the Act shall include the following: |
| 1. | Name of the industrial improvement zones; |
| 2. | Location and size of the area of industrial improvement zones; |
| 3. | Grounds for cancellation or revocation of designation of industrial improvement zones and determination of industrial improvement zone plans; |
| 5. | A method of inspecting related drawings and specifications. |
Section 2 Designation of industrial innovation zones
| Article 25 (Designation of industrial innovation zones and determination of industrial innovation zone plans) |
| (1) | "Area that meets the requirements prescribed by Presidential Decree" in Article 22 (1) of the Act means any of the following areas where it is necessary to promote innovation in industrial areas and develop such areas a local hub by promoting multiple land use in industrial areas: |
| 1. | Areas where industrial infrastructure is lost due to large-scale relocation of factories, etc. or where new industries need to be attracted due to industrial decline in the surrounding areas, etc.; |
| 2. | Areas where the ratio of buildings for which 20 years have passed since the completion of construction accounts for at least 50/100 of the total buildings within the relevant area, which requires the improvement of industrial infrastructure in the surrounding areas and the facilitation of linkage with industrial support; |
| 3. | Areas intended to develop sites for relocating public facilities as industrial innovation hub; |
| 4. | Undeveloped areas within an industrial area, which require innovation of surrounding industrial areas by facilitating the development of industrial sites. |
| (2) | The size of an industrial innovation zone under Article 22 (1) of the Act shall be at least 5,000 square meters in area; provided, the size of a single parcel may not exceed 5,000 square meters. |
| (3) | "Where ... <omitted>... intends to modify minor matters prescribed by Presidential Decree" in the proviso of Article 22 (2) of the Act means cases of modifying matters falling under the subparagraphs of Article 22 (3) of the Act, excluding the following cases. In such cases, where minor matters are modified several times, it shall be calculated cumulatively: |
| 1. | Where the area of an industrial innovation zone increases or decreases by at least 10/100; |
| 2. | Where the method for implementing the project under Article 33 (1) of the Act is changed; |
| 3. | Where types of business to be invited are changed (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100); |
| 4. | Where the area of land by use in the land use plan increases or decreases by at least 10/100; |
| 5. | Where the area of each facility in the plan for the installation of support infrastructure increases or decreases by at least 10/100; |
| 6. | Where the total floor area by use of a building for which restrictions on construction are relaxed in accordance with Article 53 of the Act increases by at least 20/100 of the total floor area of such building; |
| 7. | Where the total floor area of main uses of a building is changed by at least 20/100 (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100); |
| 8. | Where it is deemed necessary to protect the rights and interests of the owner of a land, etc. and prescribed by ordinance of a Si/Gun, etc. |
| (4) | "Development projects under other statutes prescribed by Presidential Decree ... <omitted> ... such as urban development project under Article 2 (1) 2 of the Urban Development Act" in Article 22 (3) 16 of the Act means the following development projects: |
| 4. | Other projects prescribed by ordinance of the relevant Si/Gun, etc. |
| (5) | "Matters prescribed by Presidential Decree concerning the implementation of the previous development project, such as its name, location, and area" in Article 22 (3) 16 of the Act means the following: |
| 1. | The title of the previous development project; |
| 2. | The location and size of the area of the previous development project; |
| 3. | The project implementer of the previous development project; |
| 4. | The land use plan and the national infrastructure establishment plan for the previous development project; |
| 5. | Other matters prescribed by ordinance of the relevant Si/Gun, etc. |
| (6) | "Matters prescribed by Presidential Decree" in Article 22 (3) 21 of the Act means the following: |
| 1. | Where it is necessary to install national infrastructure provided for the use of an industrial innovation zone outside the industrial innovation zone, a plan to install national infrastructure outside the industrial innovation zone; |
| 2. | A plan for cultural and assembly facilities, employees' welfare facilities, and sports facilities to support enterprises and employees; |
| 3. | A plan for managing the existing buildings, structures, etc.; |
| 4. | Other matters prescribed by ordinance of a Si/Gun, etc. |
| (2) | The head of the relevant Si/Gun, etc. who has received proposal for the designation of an industrial innovation zone in accordance with Article 22 (5) of the Act shall comprehensively determine whether the proposal complies with the master plan for industrial areas, the appropriateness of matters concerning the implementation of the project, etc. and notify whether to accept the proposal within 30 days from the date of proposal. |
| (8) | The head of the relevant Si/Gun, etc. who has received proposal for the designation of an industrial innovation zone in accordance with Article 22 (5) of the Act may seek advice from the local urban planning committee of the relevant Si/Gun, etc., if necessary to examine whether to accept the proposal. |
| (9) | Where a person falling under Article 27 (1) 4 through 9 of the Act (excluding a corporation falling under subparagraph 9 of the same paragraph, which is a corporation falling under subparagraph 9 of the same paragraph and invested in excess of 50/100 by a person falling under subparagraphs 1 through 3 of the same paragraph), from among persons who have proposed the designation of industrial innovation zones under Article 22 (5) of the Act, intends to propose the designation of an industrial innovation zone, he or she shall obtain consent from at least 2/3 of the owners of the land in the zone subject to designation and at least 1/2 of the total number of owners of the land in the zone thereto. In such cases, state and public land shall be excluded from the area of the land subject to consent. |
| (10) | A person who intends to propose the designation of industrial innovation zones under Article 22 (5) of the Act shall submit a proposal prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the relevant Si/Gun, etc., along with designation drawings, plans, and descriptions of plans of an industrial innovation zone and other necessary documents. |
| (11) | The standards for the designation of industrial innovation zones and the determination of industrial innovation zone plans under Article 22 (7) of the Act shall be as follows: |
| 1. | It shall be in compliance with the national basic policies on industrial areas under Article 4 of the Act and a master plan for industrial areas under Article 6 of the Act; |
| 2. | It shall take into account the relationship with an individual project plan and the industrial infrastructure and regional conditions of the relevant Si/Gun, etc.; |
| 3. | It shall comprehensively consider the creation of a development hub for industrial areas, the necessity of enhancing industrial competitiveness, measures to ensure public interest, etc. |
| (12) | Except as otherwise provided for in paragraphs (1) through (11), detailed matters necessary for the designation of an industrial innovation zone and the determination of industrial innovation zone plans shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 26 (Approval of industrial innovation zone plans by other than head of Si/Gun) |
| (1) | A public institution, etc. which intends to propose the designation of industrial innovation zones in accordance with Article 23 (1) of the Act shall submit a proposal prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Minister of Land, Infrastructure and Transport, along with designation drawings, plans, and descriptions of plans of an industrial innovation zone and other necessary documents. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to hear opinions from interested persons, such as residents and factory owners, and relevant experts, etc. in accordance with the former part of Article 23 (3) of the Act, he or she shall publicly announce the following matters in at least 2 daily newspapers mainly distributed in the relevant area and on the website of the relevant Si/Gun, etc. and make the following matters accessible to the general public for inspection for at least 14 days (calculated excluding Saturdays and holidays under the Regulations concerning Holidays of Government and Municipal Offices): |
| 1. | Designation of industrial innovation zones and overview of industrial innovation zone plans; |
| 2. | Matters concerning a project implementer and the methods of implementing an industrial innovation zone project; |
| 3. | Period for public inspection; |
| 4. | Other matters the Minister of Land, Infrastructure and Transport deems necessary for public announcement. |
| (3) | Public notice under the former part of Article 23 (3) of the Act shall include the following: |
| 1. | Name, location, and area of the industrial innovation zone; |
| 2. | Objectives of designating industrial innovation zones; |
| 3. | The project implementer (referring to a proposer if no project implementer has been designated) and the location of the principal office thereof; |
| 4. | Periods and methods of implementation of industrial innovation zone projects; |
| 5. | A land use plan and a plan for the installation of support infrastructure; |
| 6. | A plan for types of business to be invited (including a plan for placement of the types of business to be invited); |
| 7. | A support plan for major facilities to develop industrial innovation zones; |
| 8. | The details of land prescribed by Decree of the Ministry of Land, Infrastructure and Transport (excluding cases where the details of land are publicly notified in accordance with subparagraph 9); |
| 10. | Where it is necessary to install national infrastructure provided for the use of an industrial innovation zone outside the industrial innovation zone, a plan to install national infrastructure outside the industrial innovation zone; |
| 11. | Matters concerning urban or Gun management plans; |
| 12. | Methods of inspecting related drawings and specifications. |
| (4) | When formulating an industrial innovation zone plan in accordance with Article 23 (5) of the Act, details of the formulation of an industrial innovation zone plan under Article 22 (3) of the Act shall be included therein. |
| (5) | "Where ... <omitted>... intends to modify minor matters prescribed by Presidential Decree" in Article 23 (6) of the Act means cases of modifying matters falling under the subparagraphs of Article 22 (3) of the Act, excluding the cases falling under the subparagraphs of Article 25 (3). In such cases, where minor matters are modified several times, it shall be calculated cumulatively. |
| Article 27 (Cancellation of designation of industrial improvement zones) |
| (1) | Where the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport intends to cancel or revokes the designation, determination, or approval of an industrial innovation zone and an industrial innovation zone plan in accordance with Article 24 (1) of the Act, he or she shall consult with the heads of relevant administrative agencies, specifying the matters under the following subparagraphs: <Amended on Jul. 30, 2024> |
| 1. | Name of the industrial innovation zones; |
| 2. | Location and size of the area of industrial innovation zones; |
| 3. | Grounds for designation of industrial innovation zones and cancellation or revocation of the determination of industrial innovation zone plans; |
| 5. | A method of inspecting related drawings and specifications. |
| (2) | Public notice under Article 24 (2) of the Act shall include the matters falling under the subparagraphs of paragraph (1). |
| (3) | The head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport shall give public notice in accordance with Article 24 (2) of the Act by the following methods: |
| 1. | The head of a Si/Gun, etc.: Publishing it in the official report of the relevant Si/Gun, etc. and on the website thereof; |
| 2. | The Minister of Land, Infrastructure and Transportation: Publishing it in the Official Gazette and on the website of the Ministry of Land, Infrastructure and Transportation. |
Section 3 Restrictions on permission for development activities
| Article 28 (Procedures for restriction on permission for development activities and release therefrom) |
| (1) | Where the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport intends to restrict permission for development activities in accordance with Article 25 (1) of the Act, he or she shall undergo deliberation in the following classifications: |
| 1. | The head of a Si/Gun, etc.: Deliberation by the local urban planning committee of the relevant Si/Gun, etc.; |
| 2. | The Minister of Land, Infrastructure and Transport: Deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. In such cases, he or she shall hear in advance the opinions of the head of the relevant Si/Gun, etc. having jurisdiction over the area subject to restriction. |
| (2) | Where the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport intends to release restrictions on permission for development activities in accordance with Article 25 (1) of the Act, he or she shall publicly notify the areas where such restrictions are released, grounds for release, and timing thereof. |
| (3) | When the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport publicly notifies matters concerning restrictions on permission for development activities under Article 25 (2) of the Act and release of restrictions on permission for development activities under paragraph (2) of this Article, he or she shall do so by the following methods: |
| 1. | The head of a Si/Gun, etc.: Publishing it in the official report of the relevant Si/Gun, etc. and on the website thereof; |
| 2. | The Minister of Land, Infrastructure and Transportation: Publishing it in the Official Gazette and on the website of the Ministry of Land, Infrastructure and Transportation. |
CHAPTER IV IMPLEMENTATION OF INDUSTRIAL AREAS IMPROVEMENT PROJECTS
Section 1 Implementer of industrial improvement zone project and implementation plans
| Article 29 (Designation of project implementers) |
| (1) | "Public institution prescribed by Presidential Decree, such as the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act" in Article 27 (1) 2 of the Act means the following public institutions: |
| (2) | "Person meeting requirements prescribed by Presidential Decree" in Article 27 (1) 5 of the Act means either of the following whose management soundness meets the standards determined and publicly notified by Decree of the Ministry of Land, Infrastructure and Transport; provided, excluded herefrom is a person undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: |
| 1. | A person who has filed for registration to operate a business performing general construction works (limited to the civil engineering work business and civil engineering and building work business) in accordance with Article 9 of the Framework Act on the Construction Industry and Appendix 1 of the Enforcement Decree of the same Act and whose amount of the execution capacity appraised and publicly announced in accordance with Article 23 of that Act shall be at least the average annual project cost (excluding compensation expenses) incurred in relation to the relevant industrial area improvement project; |
| (3) | "Person meeting requirements prescribed by Presidential Decree" in Article 27 (1) 6 of the Act means the following persona meeting all of the following requirements; provided, excluded herefrom is a person undergoing rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act: |
| 3. | Management soundness shall meet the standards prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (4) | "Corporation meeting requirements prescribed by Presidential Decree, such as the period of business, etc. in an overconcentration control region" in Article 27 (1) 7 of the Act means either of the following: |
| 1. | A corporation that has run a business with factories, or has held its main office or principal office (hereafter in this Article referred to as "headquarters"), for at least 3 consecutive years within an overconcentration control region under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act (hereafter in this Article referred to as "overconcentration control region") and relocates either all of the factories or the headquarters outside of the Seoul Metropolitan area under the same Act (hereinafter referred to as the "Seoul Metropolitan area"). In such cases, the number of employees transferred following the relocation of the factories or headquarters (if several corporations are relocated together, the total number of employees thereof) shall be at least 500; |
| 2. | An educational foundation that has a university or college under subparagraph 1 of Article 2 of the Higher Education Act (excluding any graduate school university or college under Article 30 of the same Act) within an overconcentration control region and that relocates all facilities of the university or college outside of the Seoul Metropolitan area. |
| 1. | A corporation whose average annual aggregate of the investment and management records of assets invested and managed through methods under Article 21 (2) 1 or 2 for matters under Article 21 (1) 1 through 3 of the Real Estate Investment Company Act (for an entrusted management real estate investment trust, referring to the average annual aggregate of the records of investment and management by an asset management company entrusted with the asset investment and management business by the real estate investment trust) for the last 3 years shall be at least the average annual project cost incurred in relation to the relevant industrial area improvement project; |
| (6) | "Corporation meeting requirements prescribed by Presidential Decree" in Article 27 (1) 9 of the Act means any of the following corporations: |
| 1. | A corporation in which a person falling under Article 27 (1) 1 through 8 of the Act (excluding an association under subparagraph 4 of the same paragraph) has invested at least 50/100 of the capital; |
| 2. | A corporation in which a person falling under Article 27 (1) 1 through 8 of the Act (excluding an association under subparagraph 4 of the same paragraph) has invested at least 30/100 of the capital and an aggregate of the investment ratios of any of the following persons is at least 20/100: |
| (a) | A person falling under any of Article 27 (1) 1 through 3 of the Act; |
| (c) | A mutual-aid association established in accordance with statutes; |
| (7) | "Projects ... <omitted> ... prescribed by Presidential Decree" in Article 27 (2) 11 of the Act means the following projects: |
| 2. | Maintenance projects through the methods under subparagraph 2 (e) and (f) of Article 2 of the Act on Special Measures for the Maintenance of Buildings Neglected for Long Period after Discontinuance of Construction. |
| Article 30 (Application for designation of project implementers) |
A person who intends to be designated as a project implementer in accordance with Article 27 (1) of the Act (excluding where the head of a Si/Gun, etc. intends to directly implement an industrial area improvement project) shall submit an application for designation as a project implementer to the head of a Si/Gun, etc. (referring to the Minister of Land, Infrastructure and Transport in cases of a project implemented by a public institution, etc. in accordance with Article 50 (2) of the Act), as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The same shall also apply to any modification to the details of designation.
| Article 31 (General project manager of industrial area improvement projects) |
| (1) | "Public institution prescribed by Presidential Decree, such as the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act" in Article 29 (1) 1 of the Act means the public institutions falling under the subparagraphs of Article 29 (1). |
| (2) | A person who intends to be designated as a general project manager for an industrial area improvement project in accordance with Article 29 (1) of the Act (hereinafter referred to as "general project manager") shall submit a proposal for an implementation plan for general project management to the head of the Si/Gun, etc. |
| (3) | The head of the Si/Gun, etc. shall evaluate proposals submitted in accordance with paragraph (2) and designate a general project manager. |
| (4) | "Matters prescribed by Presidential Decree" in Article 29 (2) 6 of the Act means the following: |
| 1. | Technical support for formulating an industrial area improvement plan; |
| 2. | Preparing, analyzing, and managing materials on the current state of implementing an industrial area improvement plan. |
| Article 32 (Preparation of implementation plans) |
| (1) | An implementation plan for an industrial area improvement project in an industrial improvement zone under Article 30 (1) of the Act shall be formulated in compliance with the industrial improvement zone plan. |
| (3) | "Matters and documents prescribed by Presidential Decree" in Article 30 (4) of the Act means each of the following matters or documents: |
| 1. | Name and address of a project implementer (if the implementer is a corporation, referring to the name and address of such corporation, and the name of its representative); |
| 2. | A plan for supply of developed land; |
| 3. | An application for authorization of an implementation plan prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (4) | The head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport shall give public announcement in accordance with Article 30 (5) of the Act by the following methods: |
| 1. | The head of a Si/Gun, etc.: Publishing it in the official report of the relevant Si/Gun, etc. and on the website thereof; |
| 2. | The Minister of Land, Infrastructure and Transportation: Publishing it in the Official Gazette and on the website of the Ministry of Land, Infrastructure and Transportation. |
| (5) | Except as otherwise provided for in paragraphs (1) through (3), detailed matters necessary for preparing an implementation plan shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 33 (Public notice of implementation plans) |
| (1) | Public notice under Article 31 of the Act shall include the following: |
| 1. | The name of the project; |
| 2. | The objectives of the project; |
| 3. | The location and size of industrial area improvement zones; |
| 4. | The project implementer; |
| 5. | The period of implementation; |
| 6. | The method for implementation; |
| 7. | The details of the Urban/Gun management plan (including district-unit plans); |
| 8. | The period for and place of public inspection of drawings and specifications concerning the authorized implementation plan; |
| 9. | The details of the public notice or public announcement of authorization, permission, etc. deemed granted following the announcement of the implementation plan in accordance with Article 32 (1) of the Act. |
| (2) | Where the head of a Si/Gun, etc. (referring to the Minister of Land, Infrastructure and Transport, where a public institution, etc. formulates an implementation plan, etc. in accordance with Article 50 (2) of the Act) publicly notifies an implementation plan in accordance with Article 31 of the Act with respect to an industrial area improvement project in a zone where an industrial area readjustment project is implemented by replotting, he or she shall notify the competent registry of the matters under paragraph (1) 1 through 6 and the land protocol and submit a protocol of land thereto. |
| Article 34 (Composition of council) |
| (1) | Where the head of a Si/Gun, etc. intends to organize a council in accordance with Article 32 (4) of the Act, he or she shall include public officials of at least Grade V belonging to the relevant administrative agencies and project implementers. |
| (2) | When holding meetings of a council in accordance with Article 32 (4) of the Act, the head of a Si/Gun, etc. shall give notice thereof to the heads of the relevant administrative agencies by no later than 7 days before the date for holding the council. |
Section 2 Implementation of projects by implementation method
| Article 35 (Replotting for landowners) |
| (1) | A landowner eligible for replotting in accordance with Article 35 (1) of the Act shall be a person who owns at least the minimum supply area (referring to the area which serves as the standard for the excessively small land under Article 62 (1) of the Enforcement Decree of the Urban Development Act) determined in an industrial improvement zone plan or an industrial innovation zone plan as at the date industrial zone improvement zone is designated and publicly notified. |
| (2) | A person who intends to obtain replotting in accordance with paragraph (1) shall file an application for replotting with a project implementer, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, a person falling under Article 35 (1) 1 of the Act shall file an application accompanied by an installation plan for industrial facilities, etc. |
| Article 36 (Implementation of Projects by Management and Disposal) |
The standards for the formulation of a management and disposal plan for industrial areas otherwise prescribed in accordance with Article 36 (5) of the Act shall be as follows: | 2. | Notwithstanding subparagraph 1, housing shall be supplied to persons who have previously owned housing, if any housing supply plan is prepared in the industrial area improvement plan. |
Section 3 Inspection of completion
| Article 37 (Public announcement of construction completion) |
| (1) | The head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport shall give public announcement of construction completion in accordance with Article 40 of the Act by the following methods: |
| 1. | The head of a Si/Gun, etc.: Publishing it in the official report of the relevant Si/Gun, etc. and on the website thereof; |
| 2. | The Minister of Land, Infrastructure and Transportation: Publishing it in the Official Gazette and on the website of the Ministry of Land, Infrastructure and Transportation. |
| (2) | Public announcements pursuant to paragraph (1) shall include each of the following: |
| 1. | The name of the project; |
| 3. | The location of the area in which the project is to be implemented; |
| 4. | The scale and scale by use of the area in which the project is to be implemented; |
| 5. | The date of completion; |
| 6. | Matters regarding the disposal of major facilities. |
| Article 38 (Permission for use prior to completion) |
| (1) | Where a project implementer intends to obtain permission for use in accordance with the proviso of Article 42 (1) of the Act, he or she shall determine the scope of such permission and submit an application for permission for use to the head of the Si/Gun, etc. (referring to the Minister of Land, Infrastructure and Transport where a public institution, etc. formulates an implementation plan, etc. in accordance with Article 50 (2) of the Act; hereafter the same shall apply in this Article), along with a review statement on whether such permission for use impedes project implementation. |
| (2) | Where the head of the Si/Gun, etc. receives an application for permission for use under paragraph (1), he or she shall review whether the use impedes the project to be implemented in the future and determine whether to grant permission. |
Section 4 Bearing of expenses
| Article 39 (Scope of installation of support infrastructure) |
The scope of installation of support infrastructure by kind under Article 44 (4) of the Act shall be as follow: | 1. | Roads: Urban or Gun planning roads under the National Land Planning and Utilization Act, which existed before the designation of industrial area improvement zones, or highways, Special Metropolitan City roads, Metropolitan City roads, local highways, Si roads, Gun roads, and State-funded local highways under the Road Act, which are to be installed by local governments; |
| 2. | Waterworks and sewerage systems: Pipelines for waterworks and sewerage that pass through the industrial area improvement zone, but not connected to the pipelines for waterworks and sewerage in the industrial area improvement zone; |
| 3. | Electric facilities: Electric facilities installed between the infrastructure outside the industrial area improvement zone and the boundaries of individual lots (hereafter referred to as "individual lots" in this Article) adjoining an urban or Gun planning road (limited to urban or Gun planning road of at least 6 meters in width in a land use plan or replotting plan for the industrial area improvement zone); |
| 4. | Gas supply facilities: Gas supply facilities installed between the gas supply infrastructure outside the industrial area improvement zone and the boundaries of individual lots; provided, when static pressure control rooms (rooms for pressure maintenance and control) are installed in individual lots inside the industrial area improvement zone to supply gas for cooking or unit heating (excluding central heating), such facilities shall include facilities for supplying gas to the static pressure control rooms; |
| 5. | District heating facilities: Heating pipelines running from the point of divergence of key heating pipelines outside the industrial area improvement zone to a closing valve at the entrance to each engine room in individual lots inside the industrial area improvement zone; |
| 6. | Telecommunications facilities: Pipelines installed between the infrastructure outside the industrial area improvement zone and the boundaries of individual lots in the industrial area improvement zone and cables installed between the infrastructure outside the development zone and the first terminal inside each individual lots in the industrial area improvement zone. |
| Article 40 (Expenses borne by local governments) |
| (1) | Where the head of a Si/Gun, etc. intends to require a person to bear some of the expenses incurred in implementing an industrial area improvement project in accordance with Article 45 of the Act, he or she shall send a detailed document of the total amount of expenses incurred in implementing the industrial area improvement project and the amount of such expenses to be borne to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or a Si/Gun/Gu (referring to an autonomous Gu) that benefits from the industrial area improvement project. |
| (2) | The total amount of expenses to be borne by a local government under Article 45 of the Act shall not exceed 1/2 of the expenses incurred in implementing the relevant industrial area improvement project (excluding investigation expenses, survey expenses, design expenses, and management expenses). |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for local governments to bear expenses shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 41 (Support infrastructure outside industrial area improvement zones) |
"Support infrastructure prescribed by Presidential Decree" in Article 47 (1) of the Act means the national infrastructure.
| Article 42 (Expense-bearing of additional installation of facilities) |
| (1) | Where the head of a Si/Gun, etc. intends to impose additional installation expenses of support infrastructure in accordance with Article 47 (3) of the Act, he or she shall notify a person who has caused additional installation of support infrastructure of the payment of such costs in writing, along with design documents or evidential documents for calculating such expenses. |
| (2) | Where at least 2 or more persons are liable to bear expenses for additional installation of support infrastructure under paragraph (1), the head of a Si/Gun, etc. shall consult with the persons liable to bear such expenses in advance on the ratio of apportionment, the method for payment, etc. In such cases, where no consultation is reached, the amount of such expenses may be determined by the head of the Si/Gun, etc., taking into consideration the degree of liability for causes for additional installation, etc. |
| (3) | If the reason for additionally installing support infrastructure is attributable to the project implementer, the expenses incurred in additionally installing support infrastructure that may be imposed to the project implementer in accordance with Article 47 (3) of the Act shall not exceed 10/100 of the total project cost as at the time the initial implementation plan is authorized; provided, when the project implementer directly requests the head of a Si/Gun, etc. to additionally install support infrastructure or modifies an implementation plan at the request of the project implementer, the expenses incurred in additionally installing such support infrastructure may exceed 10/100 of the total project cost. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), detailed matters necessary calculating the expenses for additionally installing support infrastructure and bearing such expenses shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 43 (Expense-bearing of support infrastructure outside industrial area improvement zones) |
| (1) | Where the head of a Si/Gun, etc. intends to require some of the expenses incurred in installing support infrastructure outside an industrial area improvement zone in accordance with Article 47 (4) of the Act, he or she shall send a detailed statement of the total cost of installing the support infrastructure and the amount to be borne to the local government that benefits from the installation of the support infrastructure or the manager of the support infrastructure. |
| (2) | Article 40 shall apply mutatis mutandis to expenses borne by a local government that benefits from support infrastructure installed in an area outside an industrial area improvement zone in accordance with Article 47 (4) of the Act. |
| (3) | The total amount of expenses to be borne by the manager of support infrastructure (excluding where a local government is the manager of support infrastructure) which benefits from the support infrastructure installed in an area outside an industrial area improvement zone in accordance with Article 47 (4) of the Act shall not exceed 1/3 of the expenses incurred in installing such support infrastructure (excluding investigation expenses, survey expenses, design expenses, and management expenses). |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), detailed matters necessary for calculating the expenses for installing support infrastructure outside an industrial area improvement zone and bearing such expenses shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 44 (Purchase of industrial area improvement project bonds) |
| (2) | The subjects and amount of industrial area improvement project bonds to be purchased under Article 49 of the Act shall be as specified in Appendix 1. |
| (3) | Necessary matters for the standards, etc. for calculating the amount of purchasing bonds by subject under Appendix 1 shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| (4) | The head of a Si/Gun, etc. shall require a person falling under any of the subparagraphs of Article 49 (1) of the Act to purchase industrial area improvement project bonds, as prescribed by ordinance of the relevant Si/Gun, etc. |
CHAPTER V SIMPLIFICATION OF PROCEDURES FOR INDUSTRIAL AREAS AND SUPPORT THEREFOR
| Article 45 (Composition of central integrated deliberative committee on management of industrial areas) |
| (1) | "Public officials prescribed by Presidential Decree" in Article 51 (3) 1 of the Act means public officials of at least Grade V appointed upon recommendation by the Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency. |
| (2) | The minimum number of members of the Central Integrated Deliberative Committee on Management of Industrial Areas (hereinafter referred to as the "Integrated Deliberative Committee") under the subparagraphs of Article 51 (3) of the Act shall be as follows: |
| 1. | Persons falling under Article 51 (3) 1 of the Act: 2 persons; |
| 2. | Persons falling under Article 51 (3) 2 of the Act: 6 persons; |
| 3. | Persons falling under Article 51 (3) 3 of the Act: 3 persons; |
| 4. | Persons falling under Article 51 (3) 4 through 10 of the Act: 2 persons each; |
| 5. | Persons falling under Article 51 (3) 11 of the Act: 3 persons. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), detailed matters necessary for the composition of the Integrated Deliberative Committee shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 46 (Exclusion of, challenge to, or recusal of members) |
| (1) | A member of the Integrated Deliberative Committee (hereinafter referred to as "Integrated Deliberative Committee member") shall be excluded from deliberations and resolutions by the Integrated Deliberative Committee in any of the following cases: |
| 1. | Where an Integrated Deliberative Committee member or his or her current or former spouse is a party to the case in question or is a joint right holder or a co-obligor with the party; |
| 2. | Where an Integrated Deliberative Committee member is or was a relative of a party to the case in question; |
| 3. | Where an Integrated Deliberative Committee member has provided or conducted advice, research, service (including subcontracts), appraisal, or investigation in relation to the relevant case; |
| 4. | Where an Integrated Deliberative Committee member, or the corporation, organization, etc. where an Integrated Deliberative Committee member belongs, is or was involved in the relevant case as the representative of a party; |
| 5. | Where a corporation, etc. at which an Integrated Deliberative Committee member holds or held the post of an executive officer or employee within the last 3 years has given any advice, conducted any research, provided any service (including subcontract), or conducted any appraisal or inspection with respect to the relevant agenda item. |
| (2) | Where an Integrated Deliberative Committee member is subject to exclusion under paragraph (1) or the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of such member, any party may file a request for a challenge to the relevant member with the Integrated Deliberative Committee, which shall determine whether to accept such request by resolution. In such cases, the relevant member against whom the request is filed shall not participate in the resolution. |
| (3) | Where an Integrated Deliberative Committee member is subject to exclusion for a reason falling under the subparagraphs of paragraph (1), such member shall recuse himself or herself from deliberation and decision-making process on the case in question. |
| Article 47 (Dismissal of integrated deliberative committee member) |
Where an Integrated Deliberative Committee member falls under any of the following, the Minister of Land, Infrastructure and Transportation may dismiss the relevant member:
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she commits irregularities related to his or her duties; |
| 3. | Where he or she is deemed unsuitable as an Integrated Deliberative Committee member due to neglect of duty, injury to dignity, or any other reason; |
| 4. | Where he or she fails to refrain from deliberating and resolving on the relevant agenda item despite falling under any subparagraph of Article 46 (1); |
| 5. | Where he or she voluntarily discloses that he or she has difficulty in performing duties as an Integrated Deliberative Committee member. |
| Article 48 (Methods of and procedures for integrated deliberation) |
| (1) | To conduct deliberation in accordance with Article 51 (1) of the Act, the Minister of Land, Infrastructure and Transport shall inform members of the Integrated Deliberative Committee of the date and time, venue, agenda item, etc. for the meeting by no later than 7 days before the meeting. |
| (2) | Where deemed necessary with respect to deliberation, or where requested by the Minister of Land, Infrastructure and Transport, the Integrated Deliberative Committee may have any party or any other relevant person appear and state his or her opinion or provide an explanation. |
| (3) | When the Integrated Deliberative Committee prepares a minute in accordance with Article 51 (6) of the Act, it shall include the following matters: |
| 1. | The date and time, and place of the meeting, and whether to open the meeting to the public; |
| 2. | The signature book containing names of the members who attend the meeting; |
| 3. | Agenda items presented to the committee and the results of deliberation; |
| 4. | Important matters discussed. |
| (4) | Allowances and travel expenses may be paid to Integrated Deliberative Committee members who attend a meeting of the Integrated Deliberative Committee within the budget; provided, this shall not apply where an Integrated Deliberative Committee member who is a public official attends a Committee meeting in direct connection with his or her duties. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), detailed matters necessary for operating the Integrated Deliberative Committee shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 49 (Submission of accompanying documents necessary for integrated deliberation) |
A project implementer who intends to undergo an integrated deliberation in accordance with Article 51 (8) of the Act shall submit the documents under the subparagraphs of paragraph (1) of the same Article to the Integrated Deliberative Committee and, where the Integrated Deliberative Committee requests a plan to take measures against the opinions of related agencies, he or she shall submit relevant data thereon.
| Article 50 (Special cases for regulation in formulating industrial improvement zone plans) |
The scope which the head of a Si/Gun, etc. may relax when formulating an industrial improvement zone plan in accordance with Article 52 of the Act shall be classified as follows:
| Article 51 Deleted. <Apr. 22, 2025> |
| Article 52 (Supporting measures for occupant enterprises) |
| (1) | A project implementer shall conduct a fact-finding survey on the business status of occupant enterprises in an industrial area improvement zone, including the following matters in accordance with Article 54 (1) of the Act: |
| 1. | The number of buildings, occupant enterprises, and employees; |
| 2. | The level of sales and form of business category by occupant enterprise; |
| 3. | The level of price and rents of buildings for occupancy; |
| 4. | Other matters necessary for formulating measures to support occupant enterprises, etc. |
| (2) | In order to formulate measures to support occupant enterprises in accordance with Article 54 (1) of the Act, a project implementer shall conduct a survey on the demand for occupancy, including the following matters: |
| 1. | Demand for desired occupancy, including level, etc. of desired rents; |
| 2. | Demand for relocation to neighboring areas. |
| (3) | When a project implementer formulates measures to support occupant enterprises in accordance with Article 54 (1) of the Act, he or she shall take into account the results of surveys conducted under paragraphs (1) and (2), and may utilize the method of providing temporary business facilities in neighboring areas or implementing an industrial area improvement project in a phased manner as support measures. |
| (4) | The State and local governments may gratuitously provide temporary sites to a project implementer who formulates and implements protective measures for occupant enterprises in accordance with Article 54 (2) of the Act, and may preferentially subsidize the budget necessary for the installation or expansion of support infrastructure. |
| (5) | Where the State and local governments intend to preferentially supply public rental industrial facilities to enterprises moving into industrial areas in accordance with Article 54 (3) of the Act, they shall preferentially supply such facilities to start-up enterprises and micro, small, and medium enterprises in accordance with Article 62 (4) of the Act. |
| Article 53 (Establishment and operation of special accounts for improvement of industrial areas) |
"Percentage prescribed by Presidential Decree" in Article 57 (2) 1 of the Act means a percentage prescribed by ordinance of the Si/Gun, etc., not exceeding 10/100.
| Article 54 (Affairs of exclusive organizations) |
"Matters prescribed by Presidential Decree" in Article 58 (2) 9 of the Act means the following: | 1. | Support for affairs of local integrated deliberative committees on management of industrial areas under Article 51 (11) of the Act; |
| 2. | Support for affairs of a comprehensive innovation support center for industrial areas under Article 60 of the Act; |
| 3. | Support for public-private cooperation. |
| Article 55 (Designation of industrial area management support organization) |
| (1) | "Public institution, etc. prescribed by Presidential Decree" in Article 59 (1), with the exception of the subparagraphs, of the Act means the following public institutions: |
| (2) | The Minister of Land, Infrastructure and Transport may provide support for the expenses necessary for an industrial area management support organization to conduct the affairs under the subparagraphs of Article 59 (1) of the Act. |
| (3) | The head of the public institution, etc. designated as an industrial area management support organization in accordance with Article 59 (1) of the Act shall report to the Minister of Land, Infrastructure and Transport the result of performance of the affairs of the previous year and the plan for the performance of the affairs of the relevant year relating to the matters under the subparagraphs of Article 59 (1) of the Act by January 31 each year. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for designation, organization, operation, etc. of an industrial area management support organization shall be determined by the Minister of Land, Infrastructure and Transport. |
| Article 56 (Comprehensive innovation support center for industrial areas) |
| (1) | "Matters prescribed by Presidential Decree" in Article 60 (1) 7 of the Act means the following: <Amended on Jun. 28, 2022> |
| 1. | Revitalization of and support for participation of citizens; |
| 3. | Other matters prescribed by ordinance of a Si/Gun, etc. for the effective implementation of an industrial area improvement project. |
| (2) | Except as otherwise provided for in paragraph (1), matters necessary for the composition of human resources, operation, etc. of innovation support centers shall be prescribed by ordinance of a Si/Gun, etc. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 57 (Projects eligible for special cases) |
| (1) | "Project prescribed by Presidential Decree" in Article 69 (1) 1 and 5 of the Act means the following projects: |
| 3. | Other projects prescribed by ordinance of a Si/Gun, etc. |
| (2) | Where a project implementer intends to qualify for the application of the relaxed standards in accordance with Article 69 (1) 2 of the Act, he or she shall meet all of the following standards in preparing a replotting plan under Article 35 of the Act: |
| 2. | Where it exceeds the subject matter of replotting disposition in a multi-level replotting plan, he or she shall sell in lots or lease only the excess; |
| 4. | Other standards prescribed by ordinance of the Si/Gun, etc. shall be met. |
| Article 58 (Scope of special cases) |
| (1) | "Scope prescribed by Presidential Decree" in Article 69 (2), with the exception of the subparagraphs, of the Act means the scope of the following classifications: |
| 2. | Floor area ratio: It shall be within 110/100 of the floor area ratio prescribed by ordinance of the Si/Gun, etc.; |
| 5. | Height of buildings: Where the height is designated within a specific block by a district-unit plan, the height within such specific block shall be deemed designated and publicly announced under Article 60 (1) of the Building Act; |
| 6. | Securing urban parks or greenbelts: The area of urban parks or greenbelts to be included in a development plan by scale of development plans under Article 14 (2) of the Act on Urban Parks and Green Areas, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport; |
| 7. | Standards for installing annexed parking lots: The standards equivalent to 50/100 of the standards for installation under Appendix 1 of the Enforcement Decree of the Parking Lot Act shall be met; |
| 8. | Housing construction standards: Where both housing and facilities, other than housing, are constructed as a complex, the standard prescribed by Decree of the Ministry of Land, Infrastructure and Transport by applying mutatis mutandis special cases to multiple-purpose buildings under Articles 7 (2) and 12 of the Regulations on Standards for Housing Construction shall be met. |
| (2) | The detailed standards for applying special cases under the subparagraphs of paragraph (1) (excluding subparagraph 8) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 59 (Scope of special cases) |
Where the head of a Si/Gun, etc. intends to apply special cases concerning the relaxation of applicable standards for combined development, etc. in accordance with Article 69 (3) of the Act, he or she shall include matters concerning special cases for regulation in formulating an industrial improvement zone plan and an industrial innovation zone plan in accordance with Articles 52 and 53 of the Act.
| Article 60 (Public inspection and keeping of relevant documents) |
"Matters prescribed by Presidential Decree" in Article 70 (2) 5 of the Act means the following; provided, subparagraphs 2, 3, and 5 shall be limited to an industrial area improvement project implemented by fully or partially developing an industrial area improvement zone by replotting: | 1. | A report on supervision of construction works for the industrial area improvement project; |
| 5. | The minutes of the general meetings of the association, meetings of the board of representatives or the board of directors, and other meetings prescribed by regulations, articles of association, etc.; |
| 6. | Other matters that the head of a Si/Gun, etc. deems necessary to be disclosed to the public in connection with the implementation of an industrial area improvement project (referring to the Minister of Land, Infrastructure and Transport where a public institution, etc. formulates an implementation plan, etc. in accordance with Article 50 (2) of the Act). |
| Article 61 (Operation of comprehensive information network for industrial areas) |
| (1) | When the Minister of Land, Infrastructure and Transport intends to operate the comprehensive information network for industrial areas under Article 77 of the Act (hereinafter referred to as "comprehensive information network for industrial areas"), he or she shall endeavor to maintain accuracy, reliability, and recency of information and statistics. |
| (2) | The Minister of Land, Infrastructure and Transport shall, in advance, examine the following matters in order to prevent the comprehensive industrial area information network from overlapping with other information systems, and shall preferentially consider the linkage with the relevant information system if any related matters arise: |
| 1. | Whether the information and statistics related to revitalization of industrial areas is already developed, verified, or managed; |
| 2. | Whether the information and statistic which is already developed, verified, or managed may be utilized. |
| Article 62 (Entrustment of operation of comprehensive information network for industrial areas) |
| (1) | "Agencies or organizations prescribed by Presidential Decree" in Article 77 (3) of the Act means the agencies under the subparagraphs of Article 55 (1). |
| (2) | Where the Minister of Land, Infrastructure and Transport entrusts affairs in accordance with Article 77 (3) of the Act, he or she shall publicly notify the agency to which the affairs are entrusted and the details of the affairs entrusted. |
| (3) | The agency entrusted with affairs concerning the operation of the comprehensive information network for industrial areas in accordance with Article 77 (3) of the Act may require a person who uses the comprehensive information network for industrial areas to bear expenses incurred therein. |
| Article 63 (Delegation or entrustment of authority) |
The Minister of Land, Infrastructure and Transport shall delegate the following authorities to the head of a Si/Gun, etc. in accordance with Article 78 (1) of the Act: | 1. | Designation of a project implementer under Article 27 (1) of the Act and public notice of designation of a project implementer under paragraph (3) of the same Article; |
| 2. | Authorization (including authorization for modification) and public announcement of an implementation plan under Article 30 of the Act; |
| 3. | Public notice of an implementation plan under Article 31 of the Act; |
| 4. | Consultation with the heads of relevant administrative agencies for legal fiction of relevant authorization and permission, etc. under Article 32 (3) of the Act; |
| 5. | Completion inspection under Article 39 of the Act; |
| 6. | Public announcement of construction completion under Article 40 of the Act; |
| 7. | Consultation with the head of the relevant administrative agency under Article 41 (3) of the Act; |
| 8. | Permission for use under Article 42 (1) of the Act; |
| 9. | Consultation on details of disposal of State property and public property under Article 67 (1) of the Act. |
| Article 64 (Re-examination of regulation) |
The Minister of Land, Infrastructure, and Transport shall examine the appropriateness of the following matters every 3 years, counting from the base date of January 6, 2022 (referring to the period that ends on the day before January 6 of every third year) and shall take measures, including improvements:
| 1. | Designation, etc. of a project implementer under Article 29; |
| 2. | Purchase of industrial area improvement project bonds under Article 44. |
CHAPTER VII PENTALTY PROVISIONS
| Article 65 (Imposition of administrative fines) |
The standards for imposing administrative fines under Article 82 of the Act shall be specified in Appendix 2.
ADDENDA <Presidential Decree No. 32239, Dec. 21, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on January 6, 2022.
Article 2 (Transitional measures concerning projects in progress)
"Requirements prescribed by Presidential Decree" in Article 3 of the Addenda to the Act means that all of the following requirements are met: | 1. | Sites for implementing projects shall have been purchased; |
ADDENDA <Presidential Decree No. 32733, Jun. 28, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on June 29, 2022.
ADDENDA <Presidential Decree No. 34657, Jul. 2, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on July 10, 2024. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 34774, Jul. 30, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on August 7, 2024.
ADDENDUM <Presidential Decree No. 35468, Apr. 22, 2025>
This Decree shall enter into force on the date of its promulgation.