CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance the competitiveness of cities and improve the urban environment by prescribing matters necessary for the formulation, execution, etc. of plans for the systematic management and revitalization of urban industrial areas, thereby contributing to the improvement of the quality of life of citizens and the development of the national economy.
| (1) | The terms used in this Act are defined as follows: |
| 1. | The term "industrial area" means an area subject to the formulation of a master plan for industrial areas in accordance with Article 6, which is an industrial area under Article 36 (1) 1 (c) of the National Land Planning and Utilization Act (excluding an 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, and a harbor zone under subparagraph 4 of Article 2 of the Harbor Act), among urban areas determined by an urban or Gun management plan in accordance with Article 30 of the same Act; |
| 2. | The term "management and revitalization of industrial areas" means formulating, managing, and supporting systematic plans suitable for regional characteristics in industrial areas which change due to changes in industrial structures within cities, deterioration of the environment of surrounding areas, etc., thereby strengthening urban competitiveness and improving urban environment through the establishment of regional industrial ecosystems; |
| 3. | The term "master plan for industrial areas" means a plan formulating policy directions for the management and revitalization of industrial areas for all of industrial areas in accordance with the national basic policy on industrial areas under Article 4; |
| 4. | The term "support infrastructure" means the following facilities necessary for the management and improvement of industrial areas and the revitalization of industrial functions: |
| (a) | Infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; |
| (b) | Other facilities prescribed by Presidential Decree, which are necessary for the management and revitalization of industrial areas; |
| 5. | The term "industrial area improvement zone" means an industrial improvement zone and an industrial innovation zone designated and publicly notified in accordance with Articles 13, 22, and 23 for the planned and systematic management and efficient implementation of improvement projects in industrial areas; |
| 6. | The term "industrial area improvement plan" means an industrial improvement zone plan and an industrial innovation zone plan concerning land use, types of business to be invited, the installation of support infrastructure, etc. to promote an industrial area improvement project in an industrial improvement zone and an industrial innovation zone in a planned and systematic manner; |
| 7. | The term "industrial area improvement project" means a project formulated and implemented in accordance with Articles 13, 22, and 23 in an industrial improvement zone or an industrial innovation zone; |
| 8. | The term "public rental industrial facilities" means facilities prescribed by Presidential Decree, such as factories, manufacturing facilities, or research facilities, which are supplied for the purpose of rental or conversion for sale for at least 10 years; |
| 9. | The term "land, etc." means land, objects, or rights under Article 3 of Act on Acquisition of and Compensation for Land for Public Works Projects. |
| (2) | Except as provided in this Act, the definitions of the terms in the National Land Planning and Utilization Act shall apply. |
| Article 3 (Responsibilities of the State and local governments) |
| (1) | The State shall formulate and implement relevant policy measures for the systematic management and revitalization of industrial areas. |
| (2) | Local governments shall endeavor to secure a budget necessary for the management and revitalization of industrial areas, establish a support organization to promote the efficient implementation of projects, and support occupant enterprises. |
| Article 4 (Formulation of National Basic Policies on Industrial Areas) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a national basic policy on industrial areas for the management and revitalization of industrial areas (hereinafter referred to as "basic policy") every 10 years, and if necessary, shall examine the appropriateness of the basic policy every 5 years and reflect the results thereof in the basic policy. |
| (2) | The basic policy shall comply with the contents of the comprehensive national land plan under Article 6 (2) 1 of the Framework Act on the National Land. |
| (3) | The basic policy shall include the following: |
| 1. | Significance and objectives of the management of industrial areas; |
| 2. | Policy measures on the management of industrial areas which shall be mainly promoted by the State; |
| 3. | Basic directions and principles for preparing master plans for industrial areas; |
| 4. | Current status of and criteria for examination of industrial areas; |
| 5. | Other matters prescribed by Presidential Decree, which are necessary for the management and revitalization of industrial areas. |
| (4) | The Minister of Land, Infrastructure and Transport may examine industrial areas by utilizing the comprehensive information network for industrial areas under Article 77 to formulate the basic policy. In such cases, the Minister of Land, Infrastructure and Transport may request the heads of relevant administrative agencies, the heads of local governments, and the heads of public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institutions") to provide data, and the heads of the relevant administrative agencies, the heads of the relevant local governments, and the heads of the relevant public institutions shall preferentially cooperate with such request. |
| (5) | In order to formulate the basic policy in a systematic manner, the Minister of Land, Infrastructure and Transport may conduct a fact-finding survey on industrial areas on a regular basis. In such cases, the items, period, methods, procedures, etc. of fact-finding surveys shall be prescribed by Presidential Decree. |
| (6) | Where the Minister of Land, Infrastructure and Transport intends to formulate or modify the basic policy, he or she shall consult with the head of the relevant central administrative agency and finalize such basic policy after undergoing deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act; provided, this shall not apply to modification of minor matters prescribed by Presidential Decree. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the procedures, etc. for formulating the basic policy shall be prescribed by Presidential Decree. |
| Article 5 (Relationship to other statutes) |
| (1) | This Act shall take precedence over other statutes in regard to the projects of management and improvement of industrial areas; provided, where other statutes have any provision more relaxed than the special cases under this Act, the corresponding provision of such Act shall apply. |
| (2) | The State shall ensure that enactment of or amendment to other statutes regarding the projects of management and improvement of industrial areas shall meet the purpose of this Act. |
CHAPTER II FORMULATION OF MASTER PLAN FOR INDUSTRIAL AREAS
| Article 6 (Formulation of Master Plan for Industrial Areas) |
| (1) | 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 located in the jurisdiction of Metropolitan City; hereinafter referred to as "head of a Si/Gun, etc.") shall formulate a master plan for industrial areas for the industrial areas under his or her jurisdiction. |
| (2) | In formulating a master plan for industrial areas, the head of a Si/Gun, etc. shall comply with the basic policy under Article 4 and the details of the urban or Gun master plan under Article 19 of the National Land Planning and Utilization Act. |
| (3) | In formulating a master plan for industrial areas, the head of a Si/Gun, etc. shall endeavor to maintain industrial functions in the industrial area. |
| (4) | The head of a Si/Gun, etc. shall ensure that various plans, projects, etc. related to the management and improvement of industrial areas are preferentially linked to and concentrated in industrial areas so that the formulation of master plans for industrial areas and improvement thereof can be effectively implemented in consideration of regional characteristics, such as complex development and infrastructure maintenance. |
| (5) | The types of management of industrial areas, standards for the formulation thereof, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Details of Master Plan for Industrial Areas) |
| (1) | A master plan for industrial areas shall contain the following: |
| 1. | Objectives and scope of the plan; |
| 2. | Current status of utilization, topography, environment, etc., including industry, population, buildings, land use, infrastructure, or the size of industrial areas; |
| 3. | Directions of comprehensive management and revitalization in consideration of characteristics of industrial areas; |
| 4. | Management directions by type of industrial areas, including matters concerning protection and promotion of regional industries; |
| 5. | Basic directions concerning the designation of industrial improvement zones (limited to cases where necessary); |
| 6. | Basic directions concerning the designation of industrial innovation zones (limited to cases where necessary); |
| 7. | Basic directions of a plan for the density of buildings concerning recommended building use (including type of business plans), building-to-land ratio, floor area ratio, etc.; |
| 8. | Directions of plans for support infrastructure; |
| 9. | Directions of environmental management; |
| 10. | Rough calculations of project costs and financing methods; |
| 11. | Other matters prescribed by Presidential Decree. |
| (2) | Where a project plan under other statute is formulated for an area where a master plan for industrial areas has been formulated, it shall comply with the relevant master plan for industrial areas. |
| Article 8 (Basic Survey for Formulating Master Plan for industrial areas) |
| (1) | Where the head of a Si/Gun, etc. intends to formulate or modify a master plan for industrial areas, he or she shall conduct a basic survey, as prescribed by Presidential Decree. In such cases, he or she may utilize the comprehensive information network for industrial areas under Article 77. |
| (2) | Matters necessary for conducting basic surveys, such as the current status of types of business for formulating a master plan for industrial areas, shall be prescribed by Presidential Decree. |
| Article 9 (Hearing Opinions of Residents for Formulating Master Plan for Industrial Areas) |
| (1) | Where the head of a Si/Gun, etc. intends to formulate or modify a master plan for industrial areas, he or she shall hold a public hearing in advance, as prescribed by Presidential Decree, to collect the opinions of residents and relevant experts, etc. and shall hear the opinions of the relevant local council, and where he or she deems that the suggested opinions are reasonable, he or she shall reflect such opinions in the master plan for industrial areas; provided, this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (2) | The local council shall suggest its opinion within 60 days after the head of a Si/Gun, etc. notifies it of the master plan for industrial areas, and where 60 days have passed without any opinion suggested, it shall be deemed that there is no opinion of the local council. |
| Article 10 (Finalization and Pubic Announcement of Master Plan for Industrial Areas) |
| (1) | Where the head of the relevant Si/Gun, etc. intends to formulate or modify a master plan for industrial area, he or she shall consult with the heads of relevant administrative agencies and finalize the master plan through deliberation by the local urban planning committee established under Article 113 of the National Land Planning and Utilization Act (in such cases, the head of the relevant Si/Gun shall require at least 3 members who have knowledge and experience in the fields related to urban or Gun planning, such as land use, transportation, and construction, from among members of the Do urban planning committee under Article 113 of the National Land Planning and Utilization Act, to participate in the deliberation, as prescribed by Presidential Decree) and shall publicly announce the results thereof in the official report of the relevant local government, as prescribed by Presidential Decree. |
| (2) | When the head of a Si/Gun, etc. publicly announces a master plan for industrial areas in accordance with paragraph (1), he or she shall report thereon to the Minister of Land, Infrastructure and Transport, in accordance with the methods and procedures prescribed by Decree of the Ministry of the Land, Infrastructure and Transport, to the Minister of Land, Infrastructure and Transport and make relevant documents available to the general public for inspection. |
| (3) | Notwithstanding paragraph (1), where minor matters prescribed by Presidential Decree are modified, consultation with the heads of the relevant administrative agencies and deliberation by the local urban planning committee are not required. |
| (4) | The head of the relevant administrative agencies shall suggest its opinion within 30 days after the receipt of request for consultation under paragraph (1), and where 30 days have passed without any opinion suggested, it shall be deemed that there is no opinion of the administrative agencies. |
| Article 11 (Adjustment of Master Plan for Industrial Areas) |
The head of a Si/Gun, etc. shall examine the overall feasibility of a master plan for industrial areas within his or her jurisdiction to adjust the master plan for industrial areas every 5 years; provided, he or she may adjust the master plan for industrial areas by examining the feasibility thereof every year in consideration of changes in local conditions, etc.
| Article 12 (Formulation of Master Plan for Industrial Areas and Designation of Zones) |
Where the head of a Si/Gun, etc. deems it necessary to promptly designate an industrial area improvement zone, he or she may designate an industrial area improvement zone under Articles 13, 22, and 23 at the same time as formulating a master plan for industrial areas.
CHAPTER Ⅲ DESIGNATION OF INDUSTRIAL AREA IMPROVEMENT ZONES
SECTION 1 Designation of industrial improvement zones
| Article 13 (Designation of Industrial Improvement Zones and Determination of Industrial Improvement Zone Plans) |
| (1) | The head of a Si/Gun, etc. may designate all or part of an industrial area (including modification of designation; hereinafter the same shall apply) that meets the requirements prescribed by Presidential Decree, such as an area with poor support infrastructure, as an industrial improvement zone, within the scope consistent with the master plan for industrial areas, by determining an industrial improvement zone plan (including modification of determination; hereinafter the same shall apply) in accordance with Article 20. |
| (2) | Notwithstanding paragraph (1), where it is deemed that an industrial area improvement project be urgently implemented due to a natural disaster, designation of areas subject to special management under Article 27 of the Framework Act on the Management of Disasters and Safety, the restriction or prohibition on use or under Article 23 of the Special Act on the Safety Control and Maintenance of Establishments, or any other unavoidable cause, the head of a Si/Gun, etc. may designate an industrial improvement zone without formulating an industrial area improvement plan or modifying such plan. |
| (3) | The head of a Si/Gun, etc. may designate an industrial improvement zone including the area and an area adjacent to the relevant area, in order to install support infrastructure for an industrial area improvement project or to install and improve facilities prescribed by Presidential Decree for the revitalization of the industrial area. |
| (4) | Necessary matters concerning an area subject to designation of an industrial improvement zone, the scale and type thereof, documents to be submitted, etc. shall be prescribed by Presidential Decree. |
| Article 14 (Division and Combination of Industrial Improvement Zones) |
| (1) | Where the head of a Si/Gun, etc. deems it necessary for the efficient promotion of an industrial area improvement project, such as the relocation of a hazardous factory, he or she may divide the industrial improvement zone into 2 or more project implementation districts or may designate the industrial improvement zone as a single industrial improvement zone by combining 2 or more separate areas. |
| (2) | Where the head of a Si/Gun, etc. deems it necessary for the efficient promotion of an industrial area improvement project, such as the relocation of a hazardous factory, he or she may designate an industrial improvement zone by combining it with an industrial innovation zone. |
| (3) | Necessary matters concerning under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 15 (Proposal of Designation of Industrial Improvement Zones) |
| (1) | A person who meets the requirements prescribed by Presidential Decree, such as landowners in an industrial area, may propose the designation of an industrial improvement zone to the head of a Si/Gun, etc. In such cases, the proposal shall include an industrial improvement zone plan. |
| (2) | Upon receipt of a proposal, the head of the relevant Si/Gun, etc. 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. If necessary, he or she may seek advice from the local urban planning committee under the jurisdiction of the head of the relevant Si/Gun, etc. as to whether to accept the proposal. |
| (3) | The head of the relevant Si/Gun, etc. who has received the proposal for designation of an industrial improvement zone in accordance with paragraph (1) may have the proposer bear the whole or part of the expenses necessary for the proposed designation of an industrial improvement zone, in consultation with the proposer. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures, methods, etc. of proposing the designation of industrial improvement zones shall be prescribed by Presidential Decree. |
| Article 16 (Details of Industrial Improvement Zone Plans) |
| (1) | An industrial improvement zone plan formulated to achieve the objectives of designating an industrial improvement zone shall include the following matters; provided, matters under subparagraphs 4 and 16 may be included in the industrial improvement zone plan after designating the industrial improvement zone: |
| 1. | Name, location, and area of the industrial improvement zone; |
| 2. | Purposes of designation of the industrial improvement zone and the implementation period of such project; |
| 3. | Where a project is implemented after dividing an industrial improvement zone into 2 or more project implementation districts or combining 2 or more areas separated from one another into a single zone in accordance with Article 14, matters concerning such division or combination; |
| 4. | Matters concerning an implementer of an industrial improvement zone project; |
| 5. | Methods of implementing an industrial improvement zone project; |
| 6. | A plan for the accommodation of population (limited to where necessary); |
| 8. | A plan for types of business to be invited; |
| 9. | A plan concerning main uses, the building-to-land ratio, the floor area ratio and height of each structure; |
| 10. | Land to be supplied retaining original features and the development direction thereof (limited to where necessary; Article 25-2 of the Urban Development Act shall apply mutatis mutandis); |
| 11. | A traffic control plan; |
| 12. | A plan for conservation and management of the environment; |
| 13. | A plan for installing, maintaining, or improving support infrastructure; |
| 14. | A plan for fundraising and budget execution; |
| 15. | Where support infrastructure shall be installed in an area outside an industrial improvement zone, a plan to bear expenses incurred in installing such support infrastructure; |
| 16. | A detailed list of land, etc. (limited to where necessary) subject to expropriation or use, and rights other than ownership thereof, mining rights, fishing rights, and rights to use water, if any; |
| 17. | Measures for stabilizing housing and livelihood of residents (limited to where necessary), such as a plan for constructing rental housing (referring to private rental housing under subparagraph 1 of Article 2 of the Special Act on Private Rental Housing and public rental housing under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing; hereinafter the same shall apply); |
| 18. | A plan for public rental industrial facilities (limited to where necessary); |
| 19. | Other matters prescribed by Presidential Decree. |
| (2) | The standards and methods for preparing an industrial improvement zone plan shall be prescribed by Presidential Decree. |
| Article 17 (Basic Surveys in Industrial Improvement Zones) |
| (1) | When an implementer of an industrial area improvement project or a person who intends to be such implementer intends to designate an industrial improvement zone or intends to propose the designation thereof, he or she may survey or measure land, buildings, structures, actual industrial status, industrial demand, and other necessary matters in the zone to be designated as an industrial improvement zone, as prescribed by Presidential Decree. |
| (2) | A person who intends to survey or measure in accordance with paragraph (1) may request the heads of relevant administrative agencies, local governments, public institutions, or other relevant institutions to submit necessary data. In such cases, the heads of institutions in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
| Article 18 (Hearing Opinions of Residents for Designation of Industrial Improvement Zones) |
| (1) | Where the head of a Si/Gun, etc. intends to determine the designation of an industrial improvement zone and finalize an industrial improvement zone plan, he or she shall hear opinions of interested persons, such as residents and factory owners in the relevant industrial improvement zone, and relevant experts, through public inspection, and shall reflect such opinions if deemed appropriate; provided, this shall not apply where he or she intends to modify minor matters prescribed by Presidential Decree. |
| (2) | Matters necessary for hearing opinions of residents, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Deliberation by Urban Planning Committee) |
| (1) | Where the head of a Si/Gun, etc. intends to determine the designation of an industrial improvement zone and finalize an industrial improvement zone plan, he or she shall consult with the head of relevant administrative agencies and have such plan deliberated by the local urban planning committee under Article 113 of the National Land Planning and Utilization Act; provided, this shall not apply where he or she intends to modify minor matters prescribed by Presidential Decree. |
| (2) | The head of relevant administrative agencies shall suggest its opinion within 30 days after the receipt of request for consultation under paragraph (1), and where 30 days have passed without any opinion suggested, it shall be deemed that there is no opinion of the administrative agencies. |
| Article 20 (Public Notice of Designation of Industrial Improvement Zones) |
| (1) | Upon designating an industrial improvement zone and determining an industrial improvement zone plan, the head of a Si/Gun, etc. shall publicly notify such determination in the official report, as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to the public notice, etc. of topographical drawings. |
| (2) | When the head of a Si/Gun, etc. has designated an industrial improvement zone and publicly notified the determination of an industrial improvement zone plan in accordance with paragraph (1), he or she shall make relevant documents available to the general public for inspection for at least 14 days. |
| (3) | Where an industrial improvement zone is designated and an industrial improvement zone plan is determined and publicly notified in accordance with paragraph (1), it shall be deemed determined and publicly notified as a district-unit planning zone and a district-unit plan under Article 50 of the National Land Planning and Utilization Act. |
| (4) | Article 52 (3) of the National Land Planning and Utilization Act shall apply mutatis mutandis to the building-to-land ratio, floor area ratio, etc. of an industrial improvement zone plan under Article 16 (1) for the efficient use of land through an industrial improvement zone plan. In such cases, "district-unit planning zone" shall be construed as "industrial improvement zone," and "district-unit planning" as "industrial improvement zone plan," respectively. |
| (5) | A person who intends to perform 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 (hereinafter referred to as "development activities"), in an area where a public announcement has been made to hear the opinions of residents, etc. for designating an industrial improvement zone in accordance with Article 18 (1) or an industrial improvement zone shall obtain permission from the head of a Si/Gun, etc. The same shall also apply where he or she intends to modify matters permitted. |
| (6) | Notwithstanding paragraph (5), development activities may be performed without obtaining permission in any of the following cases: |
| 1. | An activity performed as part of emergency measures need to recover from or to cope with a disaster; |
| 2. | Other activities prescribed by Presidential Decree which do not interfere with the performance of a project, such as changing the form and quality of land for cultivation. |
| (7) | A person who has already commenced business or work as at the time of designation and public notice of industrial improvement zones, as activity required to be permitted in accordance with paragraph (5) (referring to a person who has commenced business or work by obtaining the relevant permission, authorization, approval, etc., where the permission, authorization, approval, etc. are required in accordance with this Act or other statutes), may continue his or her business or work after reporting to the head of a Si/Gun, etc., as prescribed by Presidential Decree. |
| (8) | The head of a Si/Gun, etc. may order any person who violates paragraph (5) to reinstate the relevant area. In such cases, where the person so ordered fails to perform such obligation, the head of the Si/Gun, etc. may perform the obligation on behalf of the person in accordance with Article 2 of the Administrative Vicarious Execution Act. |
| (9) | Except as provided in this Act, Articles 57 through 60 and 62 of the National Land Planning and Utilization Act shall apply mutatis mutandis to permission under paragraph (5), and if permission is obtained in accordance with paragraph (5), it shall be deemed to have been obtained in accordance with Article 56 of the National Land Planning and Utilization Act. |
| Article 21 (Cancellation of Designation of Industrial Improvement Zones) |
| (1) | The head of a Si/Gun, etc. may cancel or revoke the designation of an industrial improvement zone and an industrial improvement zone plan in any of the following cases; in such cases, it shall be deemed reinstated prior to the designation of the industrial improvement zone and the determination of the industrial improvement zone plan: |
| 1. | Where a project implementer under Article 27 fails to apply for authorization of an implementation plan under Article 30 by the day when 3 years have passed from the date of the designation of the industrial improvement zone and determination and public notice of the industrial improvement zone plan; |
| 2. | Where a project implementer requests the cancellation or revocation of the designation of the industrial improvement zone or the industrial improvement zone plan; |
| 3. | Where the objectives of designating an improvement zone are deemed unattainable in light of the progress in promoting the project. |
| (2) | Where a project implementer requests the deadline under paragraph (1) 1 to be extended due to a natural disaster or other unavoidable reasons, the head of a Si/Gun, etc. may extend the deadline by up to 1 year. |
| (3) | Where the designation of an industrial improvement zone or the determination of an industrial improvement zone plan is cancelled or revoked in accordance with paragraph (1), the head of a Si/Gun, etc. shall publicly notify such fact in the official report, as prescribed by Presidential Decree, notify the heads of relevant administrative agencies thereof, and make the relevant documents available to the general public for inspection for at least 14 days. |
SECTION 2 Designation of industrial innovation zones
| Article 22 (Designation of Industrial Innovation Zones and Determination of Industrial Innovation Zone Plans) |
| (1) | In order to promote industrial innovation through the efficient promotion of industrial area improvement projects and the comprehensive use of land in which functions of industry, commerce, residence, culture, administration, etc. are integrated, the head of a Si/Gun, etc. may designate an industrial innovation zone (including modification of designation; hereinafter the same shall apply) after determining an industrial innovation zone plan (including modification of designation; hereinafter the same shall apply) for an area that meets the requirements prescribed by Presidential Decree. |
| (2) | Where the head of a Si/Gun, etc. intends to designate an industrial innovation zone and determine an industrial innovation zone plan in accordance with paragraph (1), he or she shall consult with the Minister of Land, Infrastructure and Transport and the heads of the relevant central administrative agencies; provided, the foregoing shall not apply where he or she intends to modify minor matters prescribed by Presidential Decree. |
| (3) | An industrial innovation zone plan under paragraph (2) shall contain the following matters: <Amended on Feb. 6, 2024> |
| 1. | Name, location, and area of the industrial innovation zone; |
| 2. | Purposes of designation of the industrial innovation zone and the implementation period of such project; |
| 3. | Matters concerning an implementer of an industrial innovation zone project; |
| 4. | Methods of implementing an industrial innovation zone project; |
| 5. | Measures for industrial innovation and measures for revitalization among neighboring industrial areas; |
| 7. | A plan for types of industries to be invited and a plan for inviting and improving industries; |
| 8. | A plan for main uses, the building-to-land ratio, the floor area ratio, and height of each structure; |
| 9. | A plan for installing and maintaining support infrastructure; |
| 10. | A plan for industrial facilities, housing construction, population accommodated, etc.; |
| 11. | A plan for constructing and supplying public rental industrial facilities; |
| 12. | A plan for facilities for supporting enterprises and facilities for convenience of employees; |
| 13. | Matters to be supported by the State and local governments; |
| 14. | A plan for fundraising and budget execution; |
| 15. | An urban innovation plan under Article 40-3 (2) of the National Land Planning and Utilization Act; |
| 16. | Where an industrial innovation zone to be designated is overlapped with the implementation area of development projects under other statutes prescribed by Presidential Decree (hereafter referred to as "previous development project" in this Article), such as urban development project under Article 2 (1) 2 of the Urban Development Act, matters prescribed by Presidential Decree concerning the implementation of the previous development project, such as its name, location, and area; |
| 17. | Where support infrastructure shall be installed in an area outside an industrial improvement zone, a plan to bear expenses incurred in installing such support infrastructure; |
| 18. | A detailed list of land, etc. (limited to where necessary) subject to expropriation or use, and rights other than ownership thereof, mining rights, fishing rights, and rights to use water, if any; |
| 19. | Measures for stabilizing housing and livelihood of residents, such as plans for the construction of rental housing (limited to where necessary); |
| 20. | A plan for conservation and management of the environment; |
| 21. | Other matters prescribed by Presidential Decree. |
| (4) | Articles 13 (2) and (3), 14, and 17 through 20 (excluding Article 20 (3) and (4)) shall apply mutatis mutandis to procedures, etc. for the designation of an industrial innovation zone and the determination of an industrial innovation zone plan. |
| (5) | A project implementer under Article 27 (1) 4 through 9, who intends to implement a project in an industrial innovation zone, may formulate an industrial innovation zone plan under paragraph (3) and propose the designation thereof to the head of the Si/Gun, etc. |
| (6) | Where an industrial innovation zone is designated or the designation thereof is proposed in accordance with paragraphs (1) and (5), procedures for the designation of an industrial innovation zone or proposal of the designation thereof, documents to be submitted, or other necessary matters shall be prescribed by Presidential Decree. |
| (7) | The scale of designation of an industrial innovation zone and determination of an industrial innovation zone plan, and other detailed standards, etc. for formulation thereof shall be prescribed by Presidential Decree. |
| Article 23 (Approval of Industrial Innovation Zone Plans by Other Than Head of Si/Gun) |
| (1) | In order to comprehensively implement industrial area improvement projects, such as developing industrial innovation hubs, public institutions and local public enterprises, such as the Korea Land and Housing Corporation under Article 27 (1) 2 and 3, (hereinafter referred to as "public institutions, etc.") may formulate an industrial innovation zone plan and propose the Minister of Land, Infrastructure and Transport to designate an industrial innovation zone. |
| (2) | Where a public institution, etc. intends to propose the designation or modification of an industrial innovation zone, it shall submit a proposal to the Minister of Land, Infrastructure and Transport, along with an industrial innovation zone plan under Article 22 (3) (including modification thereof; hereinafter the same shall apply). |
| (3) | Upon receipt of a proposal in accordance with paragraph (2), the Minister of Land, Infrastructure and Transport shall hear the opinions of interested persons, such as residents and factory owners, relevant experts, etc. and the head of the competent Si/Gun, etc., consult with the heads of the relevant administrative agencies, approve the designation of an industrial innovation zone and an industrial innovation zone plan after deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act, and publicly notify the results thereof in the Official Gazette, as prescribed by Presidential Decree and send related documents to the head of the relevant Si/Gun, etc. for public inspection, as prescribed by Presidential Decree. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply to public notice, etc. of topographical maps. |
| (4) | The head of the Si/Gun, etc. and the head of the relevant administrative agencies shall suggest his or her opinion within 30 days after the receipt of request for consultation under paragraph (3), and where 30 days have passed without any opinion suggested, he or she shall be deemed to have no opinion. |
| (5) | Even where any modification to an industrial innovation zone plan is made as a result that a public institutions, etc. formulates a plan to construct, expand, or reduce an industrial innovation zone in accordance with paragraph (1) within an industrial improvement zone for which the head of a Si/Gun, etc. has formulated and publicly notified, the public institution, etc. may formulate an industrial innovation zone plan, including the modification to the industrial improvement zone plan. In such cases, necessary matters concerning the scope of formulation, etc. of the industrial innovation zone plan shall be prescribed by Presidential Decree. |
| (6) | Notwithstanding paragraph (3), where a public institution, etc. modifies minor matters prescribed by Presidential Decree in an industrial innovation zone or an industrial innovation zone plan, he or she may not hear opinions of residents and relevant experts, consult with the heads of relevant administrative agencies, and undergo deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act. |
| Article 24 (Cancellation of Designation of Industrial Innovation Zones) |
| (1) | Where an industrial innovation zone or an industrial innovation zone plan publicly notified for designation, determination, or approval in accordance with Articles 22 and 23 falls under any of the following subparagraphs, the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may cancel or revoke the designation, determination, or approval after undergoing deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act or a local urban planning committee under Article 113 of the same Act: |
| 1. | Where a project implementer fails to apply for authorization of an implementation plan for 3 years after the designation, determination, or approval of an industrial innovation zone or an industrial innovation zone plan is publicly notified; |
| 2. | Where a project implementer fails to commence the project within 3 years after obtaining authorization for the implementation plan; |
| 3. | Where the objectives of designating an improvement zone are deemed unattainable in light of the progress in promoting the project. |
| (2) | Where the head of the Si/Gun, etc. or the Minister of Land, Infrastructure and Transport cancels or revokes designation, determination, or approval in accordance with paragraph (1), he or she shall publicly notify such fact, as prescribed by Presidential Decree, and notify the relevant project implementer, the heads of relevant central administrative agencies, and the heads of relevant local governments of such fact, and make the relevant documents available to the general public for inspection for at least 14 days. |
SECTION 3 Restrictions on permission for development activities
| Article 25 (Restrictions on Permission for Development Activities) |
| (1) | In designating an industrial improvement zone or an industrial innovation zone, the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may restrict permission for development activities for the prevention of speculation, etc., as prescribed by Presidential Decree. In such cases, the time of restriction on permission for development activities shall be before hearing opinions of residents, etc. under Articles 18, 22, and 23 and Article 63 of the National Land Planning and Utilization Act shall apply to other matters concerning restrictions on permission for development activities. |
| (2) | Where the head of the Si/Gun, etc. or the Minister of Land, Infrastructure and Transport intends to restrict permission for development activities in accordance with paragraph (1), he or she shall publicly notify, in advance, restricted areas, grounds for restrictions, activities subject to restrictions, and period of restrictions, as prescribed by Presidential Decree. |
| (3) | Where grounds for restricting development activities in the relevant area cease to exist, the head of the Si/Gun, etc. or the Minister of Land, Infrastructure and Transport shall, without delay, lift restrictions on permission for development activities even before the expiration of the period of restrictions. |
| (4) | Matters necessary for the procedures, etc. for restriction on permission for development activities and release therefrom under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 26 (Stabilization of Real Estate Prices in Industrial Areas) |
| (1) | The head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may take measures necessary to stabilize the prices of real estate, such as land and buildings, in an industrial area and its neighboring area where industrial improvement zone or an industrial innovation zone is designated. |
| (2) | The head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may request the head of relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor to take the following measures for an area in which speculative investments in real estate or a sudden rise of real estate prices is likely to occur: |
| 1. | Designating a designated area under Article 104-2 (1) of the Income Tax Act; |
| 2. | Designating a high-speculation area under Article 63 of the Housing Act; |
| 3. | Designating an area subject to permission for a relevant land transaction contract under Article 10 of the Act on Report on Real Estate Transactions; |
| 4. | Other measures necessary for the stabilization of real estate prices. |
CHAPTER IV IMPLEMENTATION OF INDUSTRIAL AREAS IMPROVEMENT PROJECTS
SECTION 1 Implementer of industrial improvement zone project and implementation plans
| Article 27 (Designation of Project Implementers) |
| (1) | In cases of an industrial area improvement project for an industrial improvement zone, 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. pursuant to Article 50 (2); hereafter the same shall apply in this Article) may designate a project implementer from among the following persons: |
| 4. | The owner of land or buildings in an industrial improvement zone or persons, etc. with superficies thereof (hereinafter referred to as "owners of land, etc.") or associations established by them; |
| 5. | A person meeting requirements prescribed by Presidential Decree as deemed capable of performing an industrial area improvement project in compliance with the master plan for industrial areas, such as registering construction businesses pursuant to Article 9 of the Framework Act on the Construction Industry; |
| 7. | A corporation meeting requirements prescribed by Presidential Decree, such as the period of business, etc. in an overconcentration control region, among corporations to be relocated from the overconcentration control region designated under Article 6 (1) 1 of the Seoul Metropolitan Area Readjustment Planning Act to an area, other than the Seoul Metropolitan area; |
| 8. | A corporation meeting requirements prescribed by Presidential Decree as a self-management real estate investment company or a consigned-management real estate investment company established pursuant to subparagraph 1 (a) or (b) of Article 2 of the Real Estate Investment Company Act; |
| 9. | A corporation meeting requirements prescribed by Presidential Decree, which is established by a person falling under any of subparagraphs 1 through 8 by participating in investment for the purpose of implementing an industrial area improvement project. |
| (2) | Where any of the following projects, which is being implemented or of which implementation is finalized in an industrial improvement zone before an implementation plan for an industrial area improvement project is publicly notified, is included in the implementation plan for the industrial area improvement project, the implementer of the relevant project shall be deemed the implementer of the industrial area improvement project: |
| 1. | A series of projects promoted by the State for regional development and urban regeneration; |
| 2. | A series of projects promoted by local governments for regional development and urban regeneration; |
| 3. | A project which revitalizes a community by utilizing physical, social, and human resources of the relevant area at the suggestion of the residents; |
| 11. | Other projects necessary for improving industrial areas, which are prescribed by Presidential Decree. |
| (3) | Where the head of a Si/Gun, etc. has designated an implementer of an industrial area improvement project for an industrial improvement zone pursuant to paragraph (1) or (2), he or she shall publicly notify the details of such designation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 28 (Entrustment of Implementation of Industrial Area Improvement Projects) |
Article 12 of the Urban Development Act shall apply mutatis mutandis to the entrustment, etc. of the implementation of an industrial area improvement project in an industrial improvement zone.
| Article 29 (General Project Manager of Industrial Area Improvement Projects) |
| (1) | To implement an industrial area improvement project in an industrial improvement zone systematically and efficiently, the head of a Si/Gun, etc. shall designate any of the following persons as general project manager of industrial area improvement projects (hereinafter referred to as "general project manager"): |
| 1. | A public institution prescribed by Presidential Decree, such as the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act; |
| 2. | A local government-invested public corporation established in accordance with Article 49 of the Local Public Enterprises Act; |
| 3. | A corporation solely or jointly established by a person falling under any of subparagraphs 1 and 2 or a local government by investing more than 50/100 of the total equity. |
| (2) | The head of a Si/Gun, etc. may have a general project manager designated in accordance with paragraph (1) perform all or some of the following duties on his or her behalf, or may entrust such duties to the general project manager: |
| 1. | Review of duties related to formulation of master plans for industrial areas; |
| 2. | General management of industrial areas improvement projects; |
| 3. | Planning, implementation, operation, and management of industrial area improvement projects; |
| 4. | Management of installation and operation of support infrastructure; |
| 5. | Formulation of financing plans and investment plans for industrial area improvement projects; |
| 6. | Other matters prescribed by Presidential Decree. |
| Article 30 (Formulation and Authorization of Implementation Plans) |
| (1) | A project implementer shall formulate an implementation plan for an industrial area improvement project in an industrial improvement zone (hereinafter referred to as "implementation plan"), as prescribed by Presidential Decree. In such cases, an implementation plan shall include a district-unit plan under Article 52 of the National Land Planning and Utilization Act. |
| (2) | A project implementer (excluding where the head of a Si/Gun, etc. is an implementer) shall obtain authorization for an implementation plan prepared in accordance with paragraph (1) from 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); hereafter the same shall apply in this Article). |
| (3) | Paragraph (2) shall apply mutatis mutandis where an authorized implementation plan is modified or abolished; provided, the same shall not apply where minor matters prescribed by Decree of the Ministry of the Land, Infrastructure and Transport are modified. |
| (4) | An implementation plan shall specify, or be accompanied by, a basic design book, a financing plan and a implementation period necessary to implement a project, and other matters and documents prescribed by Presidential Decree. |
| (5) | Where the head of a Si/Gun, etc. intends to authorize an implementation plan in accordance with paragraph (2), he or she shall publicly announce it in advance, as prescribed by Presidential Decree, and ensure that the copies of the related documents are made available for public inspection for at least 14 days. |
| (6) | The owners and interested parties of land, buildings, etc. may submit a written opinion to the head of a Si/Gun, etc. and the project implementer within the period for public inspection under paragraph (5), and the head of the Si/Gun, etc. and the project implementer shall reflect such opinion in the relevant implementation plan, if the opinion submitted is deemed reasonable. |
| (7) | Paragraphs (5) and (6) shall apply mutatis mutandis where the head of a Si/Gun, etc. prepares an implementation plan. |
| Article 31 (Public Notice of Implementation Plans) |
When 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)) prepares or modifies an implementation plan, or grants authorization or authorization for modification in accordance with Article 30, he or she shall publicly notify the details thereof, as prescribed by Presidential Decree.
| Article 32 (Legal Fiction of Relevant Authorization and Permission) |
| (1) | When 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); hereafter the same shall apply in this Article) intends to prepares or modifies an implementation plan, or grants authorization or authorization for modification in accordance with Article 30, it shall be deemed that he or she has received authorization, permission, etc. for matters he or she has consulted with the head of a relevant administrative agency in accordance with paragraph (3) on any details of the relevant implementation plan relating to permission, approval, evaluation, authorization, report, license, registration, consultation, designation, rescission, disposition, etc. (hereinafter referred to as "authorization, permission, etc."), and where an implementation plan is publicly notified in accordance with Article 31, authorization, permission, etc. under relevant statutes shall be deemed publicly notified or announced. <Amended on Dec. 27, 2022> |
| 1. | Authorization for waterworks business under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for the construction of private-use waterworks and private-use industrial waterworks under Articles 52 and 54 of the same Act; |
| 2. | Authorization for installation of public sewerage under Article 11 of the Sewerage Act, permission to perform public sewerage works under Article 16 of the same Act, and a permission to occupy and use public sewerage under Article 24 of the same Act; |
| 3. | Permission to occupy and use public waters under Article 8 of the Public Waters Management and Reclamation Act; approval of, or reporting on, an implementation plan for occupancy and use under Article 17 of that Act; a license to reclaim public waters under Article 28 of that Act; consultation on, or approval of, reclamation performed by the State, etc. under Article 35 of that Act; and approval of an implementation plan for reclamation of public waters under Article 38 of that Act; |
| 4. | Consultation with, or approval of, the river management agency under Article 6 of the River Act, permission to implement a river project under Article 30 of the same Act, and permission to occupy and use a river under Article 33 of the same Act; |
| 5. | Permission for a person other than a road management agency under Article 36 of the Road Act, to implement road works, permission to occupy and use a road under Article 61 of the same Act, and consultations with or approval from a road management agency under Article 107 of the same Act; |
| 6. | Permission to use agricultural production infrastructure under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act; |
| 7. | Change and cancellation of an agricultural promotion area, etc. under Article 31 of the Farmland Act, permission to divert farmland or consultation thereon under Article 34 of the same Act, reporting on diversion of farmland under Article 35 of the same Act, permission to temporarily use farmland for other purposes under Article 36 of the same Act, and approval for alteration of use of a farmland under Article 40 of the same Act; |
| 8. | Permission for or reporting on the conversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act, permission for or reporting on the temporary use of a mountainous district under Article 15-2 of that Act, permission for the collection of earth and stone under Article 25 of that Act, and permission for or reporting on the cutting of standing trees, etc. under Article 36 (1) and (5) of the Creation and Management of Forest Resources Act; |
| 9. | Permission to change the form and quality of land under Article 21-2 of the Grassland Act, and permission to divert grassland under Article 23 of the same Act; |
| 10. | Permission to lumber, etc. under Article 14 of the Erosion Control Work Act and the cancellation of designation of land treated for erosion control area under Article 20 of the same Act; |
| 11. | Examination for publication of maps, etc., under Article 15 (3) of the Act on the Establishment and Management of Spatial Data and reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the same Act; |
| 12. | Disposition of denial of permission under Article 24 of the Mining Industry Act, and disposition of reduction of a mining area or disposition of revocation of a mining right under Article 34 of the same Act; |
| 13. | Permission to reinter an unclaimed grave under Article 27 of the Act on Funeral Services; |
| 14. | Permission under Article 11 of the Building Act, report under Article 14 of the same Act, revision to a permission or report under Article 16 of the same Act, building permission for, or reporting on construction of, temporary buildings under Article 20 of the same Act, and consultation about construction of a building under Article 29 of the same Act; |
| 15. | Approval of a project plan under Article 15 of the Housing Act; |
| 16. | Approving a housing construction project plan under Article 35 of the Special Act on Public Housing; |
| 17. | Permission for the construction of private roads under Article 4 of the Private Road Act; |
| 18. | Approval of a business plan under Article 12 of the Installation and Utilization of Sports Facilities Act; |
| 19. | Registration of the opening of a superstore under Article 8 of the Distribution Industry Development Act; |
| 20. | Designation of a general logistics complex under Article 22 of the Act on the Development and Management of Logistics Facilities (only applicable to logistics cluster is developed as part of an industrial area improvement plan) and approval for an implementation plan for the development of a logistics cluster under Article 28 of the same Act; |
| 21. | Determination of an urban or Gun management plan (limited to subparagraph 4 (c) and (e) of Article 2 of the same Act) under Article 30 of the National Land Planning and Utilization Act, permission for development activities under Article 56 of the same Act, designation of the implementer of an urban or Gun planning facility project under Article 86 of the same Act, and authorization of an implementation plan under Article 88 of the same Act; |
| 22. | Consultation on an energy use plan under Article 10 of the Energy Use Rationalization Act; |
| 23. | Consultation on the feasibility of integrated energy supply under Article 4 of the Integrated Energy Supply Act; |
| 24. | Consultation with a management authority or approval therefrom under Article 5 of the Small River Maintenance Act, permission for the implementation of a small river project under Article 10 of the same Act, and permission for the occupancy and use of small rivers under Article 14 of the same Act; |
| 25. | Approval for, or reporting on, plans for works for setting up electric installations for private use under Article 8 of the Electrical Safety Management Act; |
| 26. | Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act; |
| 27. | Permission for aggregate extraction under Article 22 of the Aggregate Extraction Act; |
| 28. | Approval for establishment, etc. of a factory under Article 13 of the Industrial Cluster Development and Factory Establishment Act; |
| 29. | Approval of a master plan for public wastewater treatment facilities under Article 49 of the Water Environment Conservation Act; |
| 30. | Altering and canceling designation of a forestry promotion district under Article 20 of the Forestry and Mountain Villages Development Promotion Act. |
| (2) | A person who intends to obtain deemed authorization, permission, etc. pursuant to paragraph (1) shall apply for authorization for an implementation plan, along with the relevant documents required under the relevant statutes. |
| (3) | When the head of a Si/Gun, etc. prepares or authorizes an implementation plan, it shall, in advance, consult with the head of the relevant administrative agency if any matter referred to in the subparagraphs of paragraph (1) is included in the implementation plan. In such cases, the head of the relevant administrative agency shall present his or her opinion within 30 days from the date of receipt of such request for consultation, and if 30 days have passed without any opinions presented, it shall be deemed to have no opinion. |
| (4) | Where the head of a Si/Gun, etc. deems it necessary for coordinating different opinions of the relevant administrative agencies in the course of consultation under paragraph (3) or for holding such consultation expeditiously, it may organize and operate a council with the relevant administrative agencies, as prescribed by Presidential Decree. In such cases, the heads of the relevant administrative agencies shall permit affiliated public officials to attend the meetings of the council. |
SECTION 2 Implementation of projects by implementation method
| Article 33 (Project Implementation Methods) |
| (1) | An industrial area improvement project may be implemented by any of the following methods: |
| 1. | Execution by renewal: A method in which the head of a Si/Gun, etc. formulates an industrial area improvement zone and an implementation plan, such as the alteration of a land use plan, by linking them with the maintenance of support infrastructure of the industrial area improvement zone, and landowners, occupant enterprises, etc. perform improvements accordingly; |
| 2. | Execution by expropriation: A method in which a project implementer expropriates or uses all or part of land, etc. within an industrial area improvement zone and executes the project; |
| 3. | Execution by replotting: A method in which a project implementer executes a project by replotting land for landowners, etc. within the industrial area improvement zone; |
| 4. | Management and disposal method: A method of evaluating the previous land and buildings of the owners of land, etc. in an industrial area improvement zone and allocating sites and buildings to be sold through the implementation of an industrial area improvement project. |
| (2) | Except as provided in this Act, matters concerning the implementation of projects under paragraph (1) shall be governed by the following statutes: |
| 1. | Expropriation or use: The Act on Acquisition of and Compensation for Land for Public Works Projects; |
| 2. | Replotting: The Urban Development Act; |
| 3. | Management and disposal: The Act on the Improvement of Urban Areas and Residential Environments. |
| Article 34 (Implementation of Projects by Expropriation or Use) |
Where a project implementer obtains approval of the relevant project in accordance with Article 20 of the Act on Acquisition of and Compensation for Land for Public Works Projects, he or she may file an application for adjudication within the implementation period of an industrial area improvement project prescribed in the implementation plan, notwithstanding Articles 23 (1) and 28 (1) of the same Act.
| Article 35 (Implementation of Projects by Replotting) |
| (1) | In cases of implementing projects by replotting in accordance with Article 33 (1) 3, a project implementer may provide substitute land to the following persons, as prescribed by Presidential Decree, after completion of the relevant project: |
| 1. | A person who owns land within an industrial area improvement zone and intends to install facilities suitable for the details prescribed in the industrial area improvement plan; |
| 2. | A person who owns land in an industrial area improvement zone developed by a project implementer under Article 27 (1) 4. |
| (2) | Article 11 (4) of the Urban Development Act shall apply mutatis mutandis where a project implementer under 27 (1) 1 through 3 intends to fully implement an industrial area improvement zone by replotting. |
| (3) | Where a cooperative under Article 27 (1) 4 is a project implementer, Articles 13 through 16 of the Urban Development Act shall apply mutatis mutandis to establishment, etc. of an association. |
| (4) | Except as provided in Presidential Decree, Articles 28 through 32, 32-2, 32-3, 33 through 36, 36-2, and 37 through 49 of the Urban Development Act shall apply mutatis mutandis to replotting under paragraph (1). |
| Article 36 (Implementation of Projects by Management and Disposal) |
| (1) | Where an industrial area improvement project is implemented by the management and disposal method in accordance with Article 33 (1) 4, an industrial area improvement project shall be deemed a redevelopment project under subparagraph 2 (b) of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments. |
| (2) | Articles 25 through 29 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the designation of a project implementer following the implementation of an industrial area improvement project in an industrial area improvement zone, and Articles 72 through 82 of the same Act shall apply mutatis mutandis to the formulation, procedures, etc. of a management and disposal plan. |
| (3) | Where a project implementer under Article 27 (1) 2 or 3 implements an industrial area improvement project, Articles 31 through 36, 36-2, 36-3, 37 through 43, 43-2, 44, 44-2, and 45 through 49 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the composition of the representative of residents and the establishment, etc. of an association, if the association under Article 27 (1) 4 is the project implementer. <Amended on Dec. 3, 2024> |
| (4) | Where a project implementer (excluding where a project implementer is a local government) under Article 27 (1) intends to implement an industrial area improvement project, Article 50 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the requirements, etc. for authorization of an implementation plan. |
| (5) | Notwithstanding paragraph (2), the standards, etc. for formulating management and disposal plans under Article 76 of the Act on the Improvement of Urban Areas and Residential Environments may be otherwise prescribed, as prescribed by Presidential Decree. |
| Article 37 (Implementation of Projects by Combined Method) |
Where necessary, an industrial area improvement project may be implemented by combining the methods of expropriation or use, replotting, and management and disposal under Article 33 (1).
| Article 38 (Implementation of Projects in Industrial Innovation Zones) |
| (1) | The project in an industrial innovation zone may be implemented by a person falling under any of the subparagraph of Article 27 (1). |
| (2) | Articles 27 through 32 shall apply mutatis mutandis to the implementation, etc. of an industrial area improvement project in an industrial innovation zone; provided, the part concerning subparagraph 4 (e) of Article 2 of the National Land Planning and Utilization Act in Article 32 (1) 21 shall be excluded herefrom. |
SECTION 3 Inspection of completion
| Article 39 (Completion Inspection) |
| (1) | Where a project implementer (excluding where the head of a Si/Gun, etc. is a project implementer) completes construction works under an industrial area improvement project, he or she shall prepare a construction completion report and undergo a completion inspection from 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); hereafter the same shall apply in this Article), as prescribed by Presidential Decree. |
| (2) | The head of a Si/Gun, etc. shall, upon receiving a report on completion of construction works under paragraph (1), without delay conduct a completion inspection. In such cases, the head of the Si/Gun, etc. may commission the relevant administrative agency, public institution, research institution, other specialized institutions, etc. to conduct the inspection of completion, if necessary for efficient inspection of completion. |
| (3) | The head of a Si/Gun, etc. may request the head of a State agency, a public institution, etc. which are to take over or manage public facilities stated in the details of a construction completion report to participate in the completion inspection, and the persons whose participation in such inspection has been requested shall comply therewith unless there is a compelling reason not to do so. |
| (4) | A project implementer may, if necessary to implement an industrial area improvement project efficiently, undergo a completion inspection (referring to the public announcement of completion of construction works made by a project implementer where the head of a Si/Gun, etc. is a project implementer) under paragraph (1) for the part of construction works completed even before all construction works for the relevant industrial area improvement project is completed. |
| Article 40 (Public Announcement of Construction Completion) |
| (1) | If it is deemed that an industrial area improvement project has been completed according to an implementation plan as a result of a completion inspection under Article 39 (1), 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)) shall issue an inspection certificate of completion to a project implementer and shall publicly announce the completion of construction works, and if not completed according to the implementation plan, he or she shall order the project implementer to take necessary measures without delay, such as complementary works. |
| (2) | Where the head of a Si/Gun, etc. is a project implementer, he or she shall publicly announce the completion of construction works when such works under an industrial area improvement project are complete. |
| Article 41 (Legal Fiction of Relevant Authorization and Permission Following Construction Completion) |
| (1) | In conducting a completion inspection in accordance with Article 39 (1) or publicly announcing the completion of construction works in accordance with Article 40 (2), it shall be deemed that the matters consulted with the head of the relevant administrative agency in accordance with paragraph (3) for the completion inspection and authorization for completion, etc. under authorization, permission, etc. deemed granted in accordance with Article 32 by 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); hereafter the same shall apply in this Article) have undergone such completion inspection, authorization for completion, etc. |
| (2) | Where a project implementer (excluding the head of a Si/Gun, etc. is a project implementer) intends to be deemed to have undergone completion inspection or authorization for completion, etc. under paragraph (1), he or she shall submit relevant documents under relevant statutes, along with an application for a completion inspection under Article 39 (1). |
| (3) | In conducting a completion inspection under Article 39 (1) or publicly announcing the completion of construction works in accordance with Article 40 (2), if there are matters in the details applicable to a completion inspection, authorization for completion, etc. under the authorization, permission, etc. deemed granted in accordance with Article 32, the head of the Si/Gun, etc. shall consult with the head of the relevant administrative agency in advance. |
| Article 42 (Use and Transfer of Developed Land and Buildings) |
| (1) | No land, buildings, etc. developed under an industrial area improvement project (hereinafter referred to as "developed land, etc.") shall be used before a completion inspection or a public announcement of completion of construction works under Article 39 or 40; provided, the foregoing shall not apply where permission for use has been obtained from 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)), as prescribed by Presidential Decree, such as confirming that there is no impediment to the implementation of the project. |
| (2) | When a public announcement is made under Article 40 (2), a project implementer shall conduct a confirmation survey without delay and notify the person entitled to purchase site or buildings of the final survey and transfer the ownership thereof. |
| (3) | Articles 86 through 91 of the Act on the Improvement of Urban Areas and Residential Environments shall apply mutatis mutandis to the public notice of transfer, etc. of the implementation of a project by management and disposal method under Article 36. |
SECTION 4 Bearing of expenses
| Article 43 (Principle of Bearing of Expenses) |
Expenses incurred for an industrial area improvement project shall be levied on a project implementer, except as provided in this Act or other statutes.
| Article 44 (Installation of Support Infrastructure in Industrial Area Improvement Zones and Bearing of Expenses) |
| (1) | A person obligated to install support infrastructure in industrial area improvement zones shall be as follows: |
| 1. | A local government (in cases of waterworks, referring to where a local government is a project implementer) for installation of roads and waterworks and sewerage facilities; |
| 2. | A person who supplies electricity, gas, or heating to the relevant area for installation of electric facilities under the Electric Utility Act, gas supply facilities under the Urban Gas Business Act, or district heating facilities under the Integrated Energy Supply Act; |
| 3. | A person who provides the communication services to the relevant district for installation of communication facilities under the Telecommunications Business Act. |
| (2) | Installation expenses for support infrastructure under paragraph (1) shall be levied on the obligator of each installation; provided, where a project implementer requests that electric facilities among the facilities under paragraph (1) 2 in an industrial area improvement zone be installed as underground transmission line, an electricity supplier and an implementer requesting underground transmission line shall bear expenses for such installation at the ratio of 1/2 each (where an industrial area improvement project is implemented by replotting method, an electricity supplier shall bear expenses at the ratio of 2/3 and an implementer requesting underground transmission lines at the ratio of 1/3). |
| (3) | The installation of support infrastructure under paragraph (1) shall be completed by the date of application for the completion inspection (referring to the date when construction works on an industrial area improvement project is completed where the head of a Si/Gun, etc. is a project implementer) under Article 39 unless there is a compelling reason not to do so. |
| (4) | The scope of installation of support infrastructure under paragraph (1) by kind shall be prescribed by Presidential Decree. |
| (5) | Where a project implementer intends to bear expenses for construction of the facilities as road or waterworks and sewerage facilities not belonging to the scope of mandatory installation by a local government from among the scope of installation by type of support infrastructure prescribed by Presidential Decree in accordance with paragraph (4), a local government may perform the road building project or the installation project of waterworks and sewerage facilities on its behalf at the request of a project implementer. |
| Article 45 (Expenses Borne by Local Governments) |
Where the head of a Si/Gun, etc. is a project implementer, if the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereafter referred to as "City/Do" in this Article), or a Si/Gun/Gu (referring to an autonomous Gu; hereafter the same shall apply in this Article) that benefits from an industrial area improvement project implemented by the head of the relevant Si/Gun/Gu, the project implementer may charge some of the expenses incurred in implementing the industrial area improvement project to the City/Do or Si/Gun/Gu that benefits from the industrial area improvement project, as prescribed by Presidential Decree.
| Article 46 (Bearing of Expenses by Managers of Public Facilities) |
Where a project implementer installs a utility tunnel (referring to a utility tunnel under subparagraph 9 of Article 2 of the National Land Planning and Utilization Act), he or she may require persons obligated to install facilities to be accommodated in the utility tunnel in accordance with other statutes to bear expenses for the installation of such utility tunnel. In such cases, Article 44 of the National Land Planning and Utilization Act shall apply mutatis mutandis to matters concerning methods of, standards for, and procedures for utility tunnels, bearing of expenses, and other matters.
| Article 47 (Expenses for Installation of Support Infrastructure in Industrial Area Improvement Zones) |
| (1) | Where the support infrastructure prescribed by Presidential Decree is installed in a district outside an industrial area improvement zone to be provided for use in the industrial area improvement zone, the head of a Si/Gun, etc. may require the relevant project implementer of the industrial area improvement project to install such support infrastructure or to bear expenses incurred therein in accordance with the industrial area improvement plan containing an expense-bearing plan under Article 16 (1) 15. |
| (2) | A local government may subsidize the remaining building expenses except for those to be borne by a project implementer in accordance with paragraph (1). In such cases, the Minister of Land, Infrastructure and Transport shall determine the scale or method of subsidization and other matters in consultation with the head of the relevant central administrative agency. |
| (3) | Where support infrastructure not included in an expense-bearing plan under Article 16 (1) 15 is to be additionally installed outside an industrial area improvement zone due to a modification, etc. to an implementation plan, the head of a Si/Gun, etc. may require persons who have caused additional installation of support infrastructure, such as a modification to an implementation plan to bear such expenses, as prescribed by Presidential Decree. |
| (4) | If a local government or a manager of public facilities profits from support infrastructure installed outside an industrial area improvement zone at the expense of a project implementer, the head of a Si/Gun, etc. may require the local government or the manager of public facilities that profits therefrom to partially bear expenses incurred in installing such support infrastructure, as prescribed by Presidential Decree. In such cases, the head of the Si/Gun, etc. shall consult with the relevant local government or the manager of support infrastructure and the project implementer. |
| (5) | Where a person in receipt of notice from the head of a Si/Gun, etc. to bear expenses incurred in installing support infrastructure in accordance with paragraphs (1) and (3) (hereafter referred to as "obligor for payment" in this Article) has an objection to expense bearing, he or she may file an application for adjustment with the head of a Si/Gun, etc., along with evidentiary data, within 20 days of receipt of such notice. In such cases, the head of the Si/Gun, etc. shall examine the application and notify the applicant of the results thereof within 15 days of receipt of such application. |
| (6) | If an obligor for payment fails to pay expenses for installing the support infrastructure under paragraphs (1) and (3) by the deadline for payment, the head of a Si/Gun, etc. shall collect additional charges. In such cases, Article 30 of the Local Tax Collection Act shall apply mutatis mutandis to the additional charges. |
| (7) | If an obligor for payment fails to pay expenses for installing the support infrastructure and additional charges under paragraphs (1) and (3) by the deadline for payment, the head of a Si/Gun, etc. shall collect the expenses and charges in the same manner as delinquent local taxes are collected. |
| (8) | If an obligor for payment erroneously paid or overpaid the expenses, the head of a Si/Gun, etc. shall examine such erroneous payment or overpayment and additionally collect or refund the difference. In such cases, the amount calculated according to the interest rate under Article 62 of the Framework Act on Local Taxes for a period from the following day of the erroneous payment or overpayment to the date of decision on additional collection or refund shall be added to the additional collection charges or refund money. |
| Article 48 (Issuance of Industrial Area Improvement Project Bonds) |
| (1) | The head of a Si/Gun, etc. may issue bonds for industrial area improvement projects to raise or support funds necessary for an industrial area improvement project. |
| (2) | The extinctive prescription of bonds for industrial area improvement projects shall be 5 years for principal thereof and 3 years for interest thereon reckoning from the date of redemption. |
| (3) | Article 62 (4) of the Urban Development Act shall apply mutatis mutandis to the interest rate, method of issuance, procedures for issuance, redemption, issuance affairs of bonds for industrial area improvement projects, and other necessary matters. |
| Article 49 (Purchase of Industrial Area Improvement Project Bonds) |
| (1) | Any of the following persons shall purchase bonds for industrial area improvement projects: |
| 1. | In the cases of an industrial area improvement project implemented by method of expropriation or use, a person under Article 27 (1) 1 through 3 and a person who enters into a contract for construction works; |
| 2. | A person who implements an industrial area improvement project, other than a project implementer under subparagraph 1; |
| 3. | A person prescribed by Presidential Decree among the persons who obtain permission under Article 56 (1) of the National Land Planning and Utilization Act. |
| (2) | In applying paragraph (1), a person who has undergone consultation deemed authorization of an implementation plan under Article 30 in accordance with other statutes or permission for development under Article 56 of the National Land Planning and Utilization Act shall be included. |
| (3) | Necessary matters concerning the subject matter, amount, procedures, etc. for purchasing bonds for industrial area improvement projects shall be prescribed by Presidential Decree. |
CHAPTER V SIMPLIFICATION OF PROCEDURES FOR INDUSTRIAL AREAS AND SUPPORT THEREFOR
| Article 50 (Simultaneous Formulation of Industrial Area Improvement Plans and Implementation Plans) |
| (1) | The head of a Si/Gun, etc. may simultaneously designate an industrial improvement zone and formulate an industrial improvement zone plan under Article 13, designate an industrial innovation zone and formulate an industrial innovation zone plan under Article 22, and formulate an implementation plan under Article 30 for the urgency and efficient implementation of an industrial area improvement project. |
| (2) | Public institutions, etc. may simultaneously designate an industrial improvement zone and formulate an industrial improvement zone plan under Article 13 (limited to cases falling under Article 23 (5)), designate an industrial innovation zone and formulate an industrial innovation zone plan under Article 23, and formulate an implementation plan under Article 30 for the urgency of an industrial area improvement project and efficient implementation of such project, such as developing industrial innovation hubs. |
| (3) | In order to simultaneously formulate an industrial improvement zone plan, industrial innovation zone plan, implementation plan, etc. in accordance with paragraph (1) or (2), the head of a Si/Gun, etc., a public institution, etc. shall undergo deliberation by the Central Integrated Deliberative Committee on Management of industrial areas or local integrated deliberative committees on management of industrial areas under Article 51 before designation, determination, approval, or authorization. |
| Article 51 (Integrated Deliberative Committee on Management of industrial areas) |
| (1) | The Central Integrated Deliberative Committee on Management of industrial areas (hereinafter referred to as the "Integrated Deliberative Committee") shall be established under the Ministry of Land, Infrastructure and Transport to deliberate on the following matters related to the designation of an industrial improvement zone, the formulation of an industrial improvement zone plan, the designation of an industrial innovation zone, the formulation of an industrial innovation zone plan, and authorization of an implementation plan under Article 50 (2): |
| 1. | Matters concerning urban or Gun management plans under subparagraph 4 of Article 2 of the National Land Planning and Utilization Act; |
| 2. | Matters concerning intermodal transfer centers under subparagraph 15 of Article 2 of the National Transport System Efficiency Act; |
| 3. | Traffic impact assessment under Article 17 of the Urban Traffic Improvement Promotion Act; |
| 4. | Plans to use mountainous districts within the relevant industrial area, etc. under Article 8 of the Mountainous Districts Management Act; |
| 5. | Energy use plans under Article 10 of the Energy Use Rationalization Act; |
| 6. | Disaster impact assessments under Article 4 of the Countermeasures against Natural Disasters Act; |
| 7. | Assessment on educational environment under Article 6 of the Educational Environment Protection Act; |
| 8. | Deliberation on landscape under Articles 27 and 28 of the Landscape Act; |
| 9. | Deliberation by building committees under Article 4 of the Building Act; |
| 10. | Other matters the Minister of Land, Infrastructure and Transport deems necessary and refers to the Integrated Deliberative Committee. |
| (2) | The Integrated Deliberative Committee shall be comprised of up to 30 members, including 1 chairperson and 1 vice chairperson. |
| (3) | Members of the Integrated Deliberative Committee shall be appointed or commissioned from among the following persons and the chairperson shall be elected by members from among persons falling under subparagraph 2: |
| 1. | The heads of relevant departments belonging to the Ministry of Land, Infrastructure and Transport or relevant administrative agencies, who are public officials prescribed by Presidential Decree; |
| 2. | Persons commissioned by the Minister of Land, Infrastructure and Transport, from among experts in urban planning, industries, environment, disasters, or other relevant area with abundant knowledge and experience in developing industrial areas; |
| 3. | Persons each recommended by the chairperson of the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act, as urban planning expert, construction expert, and environmental expert, from among members of the Committee; |
| 4. | Persons recommended by the chairperson of the National Transport Commission under Article 106 of the National Transport System Efficiency Act or local transport committees under Article 110 of the same Act; |
| 5. | Persons recommended by the chairperson of the Traffic Impact Assessment Deliberation Committee under Article 19 of the Urban Traffic Improvement Promotion Act, from among members of the Committee; |
| 6. | Persons recommended by the chairperson of the Mountainous District Management Committee with the authority to deliberate on plans to use mountainous districts belonging to the relevant industrial areas, etc. in accordance with Article 22 of the Mountainous Districts Management Act; |
| 7. | Persons recommended by the chairperson of the committee authorized to deliberate on energy use plans under Article 10 of the Energy Use Rationalization Act, from among members of that committee; |
| 8. | Persons recommended by the chairperson of the Disaster Impact Assessment Deliberation Committee under Article 4 (5) of the Countermeasures against Natural Disasters Act, from among members of that committee; |
| 9. | Persons recommended by the Chairperson of the City/Do Educational Environment Protection Committee under Article 5 of the Educational Environment Protection Act, from among members of the Committee; |
| 10. | Persons recommended by the chairperson of the Landscape Committee under Article 29 of the Landscape Act, from among members of the Committee; |
| 11. | Persons recommended by the chairperson of the Building Committee under Article 4 of the Building Act, from among members of the Committee. |
| (4) | The chairperson of the Integrated Deliberative Committee shall request chairpersons of the committees to which members falling under paragraph (3) 3 through 11 belong to recommend committee members, and the chairpersons in receipt of such request shall recommend committee members within 7 days from the date of receipt of such request. |
| (5) | A majority of the members of the Integrated Deliberative Committee shall constitute a quorum, and any resolution thereby shall require a concurring vote of at least a majority of those present. |
| (6) | The Integrated Deliberation Committee shall tape-record proceedings of each meeting and shall take minutes of each meeting. |
| (7) | Matters necessary for the organization, operation, etc. of the Integrated Deliberative Committee under paragraph (2) shall be prescribed by Presidential Decree. |
| (8) | A person who intends to undergo an integrated deliberation shall submit documents related to the subparagraphs of paragraph (1) and may submit a written final opinion to the Integrated Deliberative Committee, as prescribed by Presidential Decree. |
| (9) | The Integrated Deliberative Committee shall comprehensively deliberate on matters related to the designation of an industrial improvement zone, the formulation of an industrial improvement zone plan, the designation of an industrial innovation zone, the formulation of an industrial innovation zone plan, the authorization of an implementation plan, a final written opinion of a project implementer, a written opinion of the relevant institutions, etc. In such cases, the Minister of Land, Infrastructure and Transport shall reflect the results of the deliberation and grant approval or authorization, unless there is good cause. |
| (10) | A deliberation conducted by the Integrated Deliberative Committee shall be deemed to have been conducted also by the following committees: |
| 1. | The Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act (limited to where the Minister of Land, Infrastructure and Transport approves the designation of an industrial innovation zone and the formulation of an industrial innovation zone plan); |
| 2. | The National Transport Commission under Article 106 of the National Transport System Efficiency Act; |
| 3. | The Traffic Impact Assessment Deliberation Committee under Article 19 of the Urban Traffic Improvement Promotion; |
| 4. | The Mountainous District Management Committee under Article 22 of the Mountainous Districts Management Act; |
| 5. | The committee authorized to deliberate on energy use plans under Article 10 of the Energy Use Rationalization Act; |
| 6. | The disaster impact assessment deliberative committee under Article 4 (5) of the Countermeasures against Natural Disasters Act; |
| 7. | The City/Do Educational Environment Protection Committee established pursuant to Article 5 of the Educational Environment Protection Act; |
| 8. | The Landscape Committee under Article 29 of the Landscape Act; |
| 9. | The Building Committee under Article 4 of the Building Act. |
| (11) | The head of a Si/Gun, etc. shall establish local integrated deliberative committees on management of industrial areas in the relevant local government in order to deliberate on matters subject to deliberation by the Integrated Deliberative Committee in relation to paragraph (1). In such cases, paragraphs (2) through (10) shall apply mutatis mutandis to the composition and operation of local integrated deliberative committees on management of industrial areas, procedures for deliberation, etc. In such cases, "Central Urban Planning Committee" in paragraphs (3) 3 and (10) 1 shall be construed as "local urban planning committee," and "the Minister of Land, Infrastructure and Transport" in paragraph (3) 2 and the latter part of paragraph (9) as "the head of a Si/Gun, etc.", respectively. |
| Article 52 (Special Cases concerning Regulation in Formulating Industrial Improvement Zone Plans) |
Notwithstanding the provisions of the National Land Planning and Utilization Act and municipal ordinances stipulated in accordance with delegation under the same Act, the head of a Si/Gun, etc. may, if necessary for formulating an industrial improvement zone plan, plan by relaxing the following matters, as prescribed by Presidential Decree:
| 1. | Restrictions on the construction of buildings under Article 76 of the National Land Planning and Utilization Act; in such cases, it shall be limited to restrictions on the construction of buildings permitted within an industrial area under Article 36 of the same Act; |
| 2. | Building-to-land ratio and floor area ratio within the maximum limit for each relevant special-purpose area under Articles 77 and 78 of the National Land Planning and Utilization Act. In such cases, the building-to-land ratio and floor area ratio may be applied differentially in accordance with the industrial maintenance ratio prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| Article 53 (Special Cases concerning Regulation in Formulating Industrial Improvement Zone Plans) |
| (1) | An industrial innovation zone under Articles 22 and 23 may be designated as an urban innovation zone under Article 40-3 of the National Land Planning and Utilization Act. In such cases, procedures for designation shall be governed by the National Land Planning and Utilization Act. <Amended on Feb. 6, 2024> |
| (2) | Notwithstanding Article 40-3 (7) of the National Land Planning and Utilization Act, the Minister of Land, Infrastructure and Transport may determine otherwise the standards for formulating plans for urban innovation zones, the area thereof, etc. for industrial innovation zones, as prescribed by Presidential Decree. <Amended on Feb. 6, 2024> |
| (3) | An industrial innovation zone may be exempted from the application of the following provisions: |
| 1. | Layout of housing, standards for the installation of welfare facilities and welfare facilities, and standards for preparing building sites under Article 35 of the Housing Act; |
| 2. | Establishing annexed parking lots under Article 19 of the Parking Lot Act; |
| 3. | Securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas. |
| (4) | Where necessary to promote industrial area improvement projects, construct and supply public rental industrial facilities, and preferentially secure facilities for supporting enterprises and facilities for convenience of employees, the head of a Si/Gun, etc. or public institution, etc. may separately formulate an industrial innovation zone plan for an industrial innovation zone in accordance with the procedures under Article 22 or 23 even before finalizing and publicly announcing a master plan for industrial areas for all of industrial areas. In such cases, a basic survey of the relevant industrial area to which an industrial innovation zone belongs in accordance with Article 8 shall be included. |
| (5) | Where an industrial innovation zone plan for an industrial innovation zone is designated, determined, approved, or publicly notified in accordance with paragraph (4), an industrial area improvement project may be implemented for the relevant industrial innovation zone even before the entire master plan for industrial areas is finalized and publicly announced (including where any modification is made). |
| (6) | Areas designated as industrial innovation zones shall be deemed designated as special building areas under Article 69 of the Building Act. |
| Article 54 (Supporting Measures for Occupant Enterprises) |
| (1) | When a project implementer formulates an industrial area improvement plan, he or she shall conduct a fact-finding survey on business of occupant enterprises in the relevant industrial area improvement zone and devise measures, such as temporary business facilities, as prescribed by Presidential Decree. |
| (2) | The State or a local government may render support, such as gratuitously providing a temporary site to any project implementer who formulates and takes protective measures for occupant enterprises. |
| (3) | The State and local governments may provide preferential support, such as provision of public rental industrial facilities and reduction of or exemption from charges, to enterprises which are unavoidable to move due to the implementation of an industrial area improvement project and enterprises which move into industrial areas from residential areas, green areas, etc. under Article 36 of the National Land Planning and Utilization Act, as prescribed by Presidential Decree. |
| Article 55 (Financial Support) |
The State or a local government may take measures necessary for financial support to facilitate an industrial area improvement project for the revitalization of industrial areas. In such cases, financial support under the Special Act on Promotion of and Support for Urban Regeneration and other relevant statutes shall be preferentially reviewed.
| Article 56 (Reduction of or Exemption from Charges on Project Implementers) |
Where necessary for the revitalization of industrial areas, the State and local governments may reduce or exempt a project implementer from or need not impose any of the following charges on the project implementer:
| 1. | Development charges under subparagraph 4 of Article 2 of the Restitution of Development Gains Act; |
| 2. | Charges for causing traffic congestion under subparagraph 9 of Article 2 of the Urban Traffic Improvement Promotion Act; |
| 3. | Infrastructure-building fees under subparagraph 20 of Article 2 of the National Land Planning and Utilization Act; |
| 4. | Intercity transportation facility charges under Article 11 of the Special Act on the Management of Intercity Transport in Metropolitan Areas. |
| Article 57 (Establishment and Operation of Special Accounts for Improvement of Industrial Areas) |
| (1) | The head of a Si/Gun, etc. may establish and operate special accounts for improvement of industrial areas in accordance with the Local Finance Act to revitalize industrial areas and promote and support improvement projects. |
| (2) | The revenue of a special account for improvement of industrial areas shall be as follows: |
| 1. | An amount of not less than a percentage prescribed by Presidential Decree out of property tax imposed and collected in accordance with Article 112 (excluding paragraph (1) 1 thereof) of the Local Tax Act; |
| 2. | Part of an amount to be reverted to the local government, out of the development charges under subparagraph 4 of Article 2 of the Restitution of Development Gains Act; |
| 3. | The amount to be reverted to the relevant local government, from among the rebuilding charges under subparagraph 3 of Article 2 of the Restitution of Excess Rebuilding Gains Act; |
| 4. | The amount of money in the ratio prescribed by ordinances of the relevant City/Do, among overconcentration charges that devolve on the City/Do in accordance with Article 16 of the Seoul Metropolitan Area Readjustment Planning Act; |
| 5. | Money transferred from general accounts; |
| 8. | Loan collection, interest income, and other income from the relevant special accounts for improvement of industrial areas. |
| (3) | The expenditures of a special account for improvement of industrial areas shall be as follows: |
| 1. | Expenses incurred in formulating a master plan for industrial areas and an industrial area improvement plan; |
| 2. | Expenses for survey and research for industrial area improvement projects; |
| 3. | Expenses necessary for industrial areas improvement projects; |
| 4. | Expenses incurred in constructing and managing public rental industrial facilities in industrial area improvement zones; |
| 5. | Expenses for utilizing experts and expenses for technology; |
| 6. | Expenses for establishing, operating and managing the special account for improvement of industrial areas; |
| 7. | Expenses for repair and rearrangement of public buildings; |
| 8. | Expenses for purchasing or utilizing deserted factories, etc. in industrial areas; |
| 9. | Fees for general project managers under Article 29; |
| 10. | Other necessary matters prescribed by ordinance of the relevant local governments. |
| (4) | The head of a Si/Gun, etc. shall endeavor to ensure that support through the special account for improvement of industrial areas is concentrated on the revitalization of industrial area improvement zones. |
| (5) | The Minister of Land, Infrastructure and Transport may, if necessary, have the head of local governments report on the status of operating special accounts for improvement of industrial areas. |
| (6) | Matters necessary for the establishment, operation, and management of special accounts for improvement of industrial areas shall be prescribed by Presidential Decree. |
| Article 58 (Establishment of Dedicated Organization) |
| (1) | The head of a Si/Gun, etc. may establish a dedicated organization which exercises overall control over, and coordinates affairs related to the management and revitalization of industrial areas for the purpose of formulating and supporting a master plan for industrial areas, consulting among related agencies and departments related to the promotion of projects, etc. |
| (2) | The dedicated organization shall conduct the following affairs: |
| 1. | Investigation and management of the current status and major indicators concerning management and revitalization of industrial areas; |
| 2. | Overall control, coordination, management, and support of a master plan for industrial areas and an industrial area improvement project; |
| 3. | Consultation on affairs and exchange with relevant institutions and relevant administrative agencies; |
| 4. | Establishment and operation of a local cooperative system; |
| 5. | Management of government subsidies, etc. concerning improvement of industrial areas; |
| 6. | Discovery and promotion of industrial area improvement projects using local resources; |
| 7. | Evaluation and inspection of a master plan for industrial areas and an industrial area improvement plan; |
| 8. | Financing and management of finance; |
| 9. | Other matters prescribed by Presidential Decree, which are necessary to facilitate the improvement of industrial areas. |
| (3) | Other matters necessary for the organization, operation, etc. of dedicated organizations shall be prescribed by Presidential Decree. |
| Article 59 (Establishment of Industrial Area Management Support Organization) |
| (1) | The Minister of Land, Infrastructure and Transport may designate a public institution, etc. prescribed by Presidential Decree as an industrial area management support organization to conduct the following affairs: |
| 1. | Development of policies for management and revitalization of industrial areas; |
| 2. | Surveys and research for institutional development of a master plan for industrial areas; |
| 3. | Support such as formulation of a master plan for industrial areas; |
| 4. | Implementation, operation, management, and support of industrial area improvement projects; |
| 5. | Affairs related to the establishment, operation, etc. of a comprehensive information network for industrial areas under Article 77; |
| 6. | Affairs such as nurturing and dispatching industrial area management experts; |
| 7. | Support for operation, etc. of a comprehensive innovation support center for industrial areas under Article 60; |
| 8. | Other affairs determined by the Minister of Land, Infrastructure and Transport. |
| (2) | Other matters necessary for organization, operation, etc. of an industrial area management support organization shall be prescribed by Presidential Decree. |
| Article 60 (Comprehensive Innovation Support Center for Industrial Areas) |
| (1) | The head of a Si/Gun, etc. may establish and support a comprehensive innovation support center for industrial areas (hereinafter referred to as "innovation support center") to perform the following duties: |
| 1. | Formulation of master plans for industrial areas, revitalization of promotion of industrial area improvement projects, and formulation of comprehensive plans for supporting enterprises; |
| 2. | Support for technological development and market development for occupant enterprises; |
| 3. | Support for environmental improvement of occupant enterprises and support for energy saving and safety education; |
| 4. | Support for promoting labor and management cooperation and supply of and demand for human resources of occupant enterprises; |
| 5. | Support for improving the employment environment, including education, culture, and welfare, for employees of occupant enterprises; |
| 6. | Capacity building project for the conversion to and operation of smart factories; |
| 7. | Other matters prescribed by Presidential Decree. |
| (2) | Other matters necessary for the organization, operation, etc. of innovation support centers shall be prescribed by Presidential Decree. |
| Article 61 (Enactment of Ordinances) |
| (1) | The head of a Si/Gun, etc. may enact, amend, or repeal ordinances concerning matters necessary for the operation of a master plan for industrial areas, the implementation of an industrial area improvement project, etc., as prescribed by Presidential Decree. |
| (2) | Ordinances enacted, amended, or repealed by the head of a Si/Gun, etc. shall comply with the purpose and details of this Act and the master plan for industrial areas finalized and publicly announced in accordance with Article 10. |
| (3) | Where the head of a Si/Gun, etc. enacts, amends, or repeals ordinances in accordance with paragraph (1), the head of the relevant local government shall notify the Minister of Land, Infrastructure and Transport and the head of the relevant administrative agency thereof. |
| Article 62 (Construction and Supply of Public Rental Industrial Facilities) |
| (1) | A project implementer under Article 27 (1) 1 through 3 (hereinafter referred to as "public implementer") may construct and supply public rental industrial facilities under Article 2 (1) 8 with financial support from the State or a local government. |
| (2) | Matters necessary for the standards for designing public rental industrial facilities, the scope of appurtenant facilities, standards for installation, etc. shall be prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| (3) | Matters concerning the management of occupants of public rental industrial facilities, rental terms and conditions, rental period, standards for calculating rents, restrictions on sublease, restrictions on the qualifications of occupants of public rental industrial facilities, etc. shall be prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| (4) | A public project implementer shall preferentially supply public rental industrial facilities to start-up enterprises and micro, small, and medium enterprises. In such cases, necessary matters, such as requirements for start-up enterprises and micro, small, and medium enterprises and the preferential supply ratio shall be prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 63 (Entry into Third Party's Land) |
| (1) | When it is necessary for the head of a Si/Gun, etc. to designate an industrial area improvement zone and determine and publicly notify an industrial area improvement plan or for a project implementer to implement an industrial area improvement project, he or she may have access to or temporarily use any third party's land, or change or remove trees, earth and stones, and other obstacles. |
| (2) | Article 130 of the National Land Planning and Utilization Act shall apply mutatis mutandis to access to any third party's land, etc. under paragraph (1). |
| Article 64 (Compensation for Loss) |
| (1) | Where any person suffers a loss due to an act under Article 63 (1), a project implementer shall compensate such person for the loss. |
| (2) | With respect to compensation for loss under paragraph (1), the person who is liable to compensate such loss shall consult with the person who has sustained such loss. |
| (3) | Any person who is liable to compensate loss or a person who has sustained such loss may, if the consultation under paragraph (2) is not effected or is unable to be made, file an application for adjudication with the competent Land Expropriation Committee. |
| (4) | Articles 83 through 87 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to adjudication of the competent Land Tribunal under paragraph (3). |
| Article 65 (Reversion of Public Facilities) |
Where a project implementer installs a new public facility or replaces an existing public facility through an industrial area improvement project, Articles 65 and 99 of the National Land Planning and Utilization Act shall apply mutatis mutandis to the reversion of such public facility.
| Article 66 (Management of public facilities) |
Except as provided in this Act or other statutes, the head of a Si/Gun, etc. shall manage public facilities installed in an industrial area improvement zone due to an industrial area improvement project until they are reverted to the managing authority of the relevant public facilities after completion of construction; provided, the head of the Si/Gun, etc. may entrust the management of such public facilities to a project implementer for the revitalization of industrial innovation zones or the integrated management of public facilities and buildings.
| Article 67 (Consultation on Disposal of State or Public Land) |
| (1) | The head of a Si/Gun, etc. who intends to authorize an implementation plan in accordance with Article 30 (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)) shall consult with the relevant management authority in advance, if the implementation plan includes details about the disposal of State property and public property. |
| (2) | The management authority shall suggest its opinion within 30 days after the receipt of request for consultation under paragraph (1), and where 30 days have passed without any opinion suggested, it shall be deemed that there is no opinion of the administrative agencies. |
| (3) | No State property or public property in an industrial area improvement zone shall be sold or transferred for any purpose other than the relevant industrial area improvement project. |
| (4) | The sale, transfer, lease, use, etc. of State property or public property related to an industrial area improvement project shall be governed by the State Property Act or the Public Property and Commodity Management Act. |
| Article 68 (Restriction on Use of Proceeds) |
| (1) | Proceeds from the disposal of land, which has come into disuse, as the land which will revert to public implementers in accordance with Article 65, shall not be used for purposes other than those prescribed by the relevant industrial area improvement plan. |
| (2) | In implementing a project by replotting, a project implementer shall not use proceeds from sale of land allotted by the authorities in recompense for development outlay under Article 44 of the Urban Development Act, liquidation money collected under Article 46 of the same Act and charges, subsidies, etc. under Articles 56 and 57 of the same Act for purposes other than those of the relevant industrial area improvement project. |
| (3) | If the balance of implementation after the use of proceeds, etc. for the purpose of an industrial area improvement project exists in accordance with paragraphs (1) and (2), such balance of implementation shall revert to the special account established in the relevant local government. |
| Article 69 (Special Cases concerning Relaxation of Applicable Standards to Combined Development) |
| (1) | In any of the following cases, the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may apply partially relaxed standards for the size and eligibility for designation of an industrial improvement zone and an industrial innovation zone under Articles 13, 22, and 23, the details of an industrial improvement zone plan and an industrial innovation zone plan under Articles 16, 22, and 23, the requirements for designating a project implementer in accordance with Article 27, and the standards for purchasing bonds for industrial area improvement projects under Article 49: |
| 1. | A project prescribed by Presidential Decree for which 2 or more areas separated from one another are combined to implement an industrial area improvement project in accordance with Article 14; |
| 2. | Where a replotting plan is formulated and implemented, as prescribed by Presidential Decree, for the smooth settlement of low-income landowners, etc. in an area in which an industrial area improvement project is implemented by the replotting method; |
| 3. | Where a site, etc. for constructing public rental housing under subparagraph 2 (a) of Article 2 of the Special Act on Public Housing is supplied at a price below the appraised price; |
| 4. | Where an industrial area improvement zone is designated in an area where it is easy to use public transportation, such as a station's sphere of influence, and it is necessary to facilitate the expansion of supply of small-sized housing within urban centers, public rental industrial facilities, advanced use of land, and complex development of buildings; |
| 5. | Where a project prescribed by Presidential Decree that requires investments from private enterprises is implemented to improve industrial areas. |
| (2) | Where it is deemed necessary to efficiently implement projects containing the matters referred to in any subparagraph of paragraph (1), the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may determine and apply relaxed standards for the following matters to the scope prescribed by Presidential Decree, notwithstanding applicable statutes: |
| 1. | Restrictions on the construction of buildings, building-to-land ratios, and floor area ratios under Articles 76 through 78 of the National Land Planning and Utilization Act; |
| 2. | Restrictions on building, such as deliberation on building, landscaping of building sites, and height of buildings under Articles 4, 42, 60, and 61 of the Building Act; |
| 3. | Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas; |
| 4. | Standards for parking lot facilities and annexed parking lots under Articles 6 and 19 of the Parking Lot Act; |
| 5. | Standards for the construction and supply of housing and the purchase of national housing bonds under Articles 35 and 54 of the Housing Act and Article 8 of the Housing and Urban Fund Act. |
| (3) | Detailed scope of, and standards for application, standards under paragraphs (1) and (2) and other matters shall be prescribed by Presidential Decree. |
| Article 70 (Public Inspection and Keeping of Relevant Documents) |
| (1) | A project implementer may request the head of a registry office or any other relevant administrative agency for permission to inspection and reproduce necessary documents or to issue a certified or abridged copy of such documents free of charge if necessary to implement an industrial area improvement project. |
| (2) | A project implementer shall disclose the following matters by publishing them in the official report, daily newspapers, or on websites so that landowners, etc. and other interested persons may learn them: |
| 1. | Where rules, articles of incorporation, etc. are prescribed, the details thereof; |
| 2. | Matters a project implementer shall submit for public inspection, publicly announce, or give notice; |
| 3. | Details of the formulation and authorization of industrial area improvement plans and implementation plans; |
| 4. | Details of authorization of a replotting plan; |
| 5. | Other projects necessary for implementing industrial area improvement projects, which are prescribed by Presidential Decree. |
| (3) | A project implementer shall keep documents, drawings, etc. listed in the subparagraphs of paragraph (2) at the main office in an area in which an industrial area improvement project is implemented, and where a right-holder requests inspection or reproduction in relation to land, etc. in the industrial area improvement zone, the project implementer shall permit such inspection or reproduction to the right-holder, except for personal information. In such cases, the reproduction may be made at the expense of the requester up to expenses actually incurred therein. |
| (4) | Where a project implementer, other than a public institution, etc., has completed or closed an industrial area improvement project, he or she shall transfer the relevant documents or drawings to the head of a Si/Gun, etc., as prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| (5) | Upon receipt of the relevant documents in accordance with paragraph (4), the head of a Si/Gun, etc. shall keep the relevant documents of the industrial area improvement project for a period prescribed by Decree of the Ministry of the Land, Infrastructure and Transport. |
| Article 71 (Succession to Rights and Duties) |
Where a project implementer or a person who has rights to land, etc. in an industrial area improvement zone (hereafter referred to as "interested person, etc." in this Article) has been replaced, dispositions, procedures, and other acts taken by or against the previous interested person, etc. have taken or conducted, or which have been taken or conducted to the previous interested person, etc. under this Act, or under the orders or the rules, the articles of association, or the implementation regulations under this Act, shall be deemed taken by or against a person who has newly become an interested person, etc.
| Article 72 (Reports and Inspections) |
| (1) | If deemed necessary for implementing an industrial area improvement project, the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may require a project implementer (excluding where the head of a Si/Gun, etc. is a project implementer) to make a necessary report or submit data, and may have a public official under his or her jurisdiction inspect business relating to the industrial area improvement project and matters concerning accounting. |
| (2) | A public official who inspects business or accounting in accordance with paragraph (1) shall carry an identification indicating his or her authority and present it to the relevant person. |
| (3) | Matters necessary for certificates under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 73 (Administrative Dispositions on Violators of Statutes) |
Where a project implementer of an industrial area improvement project falls under any of the following cases, the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport may revoke the designation, determination, approval, or authorization granted under this Act, or issue an order to suspend construction works, reconstruct or relocate structures, or take other necessary measures:
| 1. | Where he or she falls under any of the following cases: |
| (a) | Where he or she fails to comply with the conditions imposed at the time of designation, determination, approval, or authorization under Article 20, 22, 23, or 31, or fails to implement an industrial area improvement project in accordance with the master plan for industrial areas or the industrial area improvement plan; |
| (b) | Where he or she fails to prepare a replotting plan under Article 35 or disposes of land, etc. differently from the replotting plan; |
| (c) | Where he or she fails to prepare a management and disposal plan under Article 36 or disposes of land, facilities, etc. differently from the management and disposal plan; |
| (b) | Where he or she fails to undergo a completion inspection, in violation of Article 39; |
| 2. | Where he or she obtains designation, determination, approval, or authorization under this Act by fraud or other improper means. |
Where the head of a Si/Gun, etc. or the Minister of Land, Infrastructure and Transport intends to revoke designation, determination, approval, authorization, etc. under this Act in accordance with Article 73, he or she shall hold a hearing.
| Article 75 (Administrative Appeals) |
A person who is dissatisfied with any measure taken by a project implementer under this Act may file an administrative appeal under the Administrative Appeals Act; provided, in the case of any measure taken by a project implementer who is not an administrative agency, such person shall file an administrative appeal with 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)), except as provided in other statutes.
| Article 76 (Articles Applicable Mutatis Mutandis to Projects Outside Industrial Area Improvement Zones) |
Articles 13 through 24, 27 through 32, 34, 39 through 42, 47, 51, 56, 57, 63 through 74, and 79 through 82 shall apply mutatis mutandis to matters concerning the implementation of projects directly related to an industrial area improvement project, such as the installation of support infrastructure provided for the use of an industrial area improvement zone in an area outside an industrial area improvement zone.
| Article 77 (Establishment and Operation of Comprehensive Information Network for Industrial Areas) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate a comprehensive information network for industrial areas (hereinafter referred to as "comprehensive information network") to promptly collect and analyze information necessary for the management and revitalization of industrial areas. |
| (2) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, local governments, public institutions, and other relevant institutions to provide data or information necessary for the establishment and operation of the comprehensive information network. In such cases, the heads of institutions in receipt of such request shall comply therewith unless there is good cause, such as matters requiring confidentiality for national defense or national security. |
| (3) | The Minister of Land, Infrastructure and Transport may entrust the operation of the comprehensive information network to agencies or organizations prescribed by Presidential Decree. |
| (4) | Other matters necessary for operating the comprehensive information network shall be prescribed by Presidential Decree. |
| Article 78 (Delegation or Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Land, Infrastructure and Transportation under this Act may be delegated to the head of a Si/Gun, etc., as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to a project implementer under Article 27 (1) 2, as prescribed by Presidential Decree. |
CHAPTER VII PENTALTY PROVISIONS
| Article 79 (Penalty Provisions) |
| (1) | A person who forges a written consent of the owners of land, etc. under Article 15, 27, or 35 through 37 shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. |
| (2) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 3 years, or by a fine not exceeding 30 million won: |
| 1. | A person who engages in development activities without obtaining permission under Article 20 (5); |
| 2. | A person who obtains designation as a project implementer under Article 27 (1) by improper means; |
| 3. | A person who obtains authorization of an implementation plan under Article 30 (2) by improper means. |
| (3) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 2 years, or by a fine not exceeding 20 million won: |
| 1. | A person who implements an implementation plan without authorization of an implementation plan under Article 30 (2); |
| 2. | A person who uses the developed land, etc. without permission for use under the proviso of Article 42 (1). |
| (4) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 1 year, or by a fine not exceeding 10 million won: |
| 1. | A person who violates an order to suspend construction works under Article 73; |
| 2. | A person who violates an order to reconstruct or relocate structures under Article 73. |
| Article 80 (Joint Penalty Provisions) |
Where the representative of a corporation or the agent, employee, or servant of a corporation or individual commits a violation under Article 79 regarding the duties of the corporation or individual, not only shall the corporation or individual be punished by a fine under the relevant provisions, but further punishment of the violator; provided, this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision regarding the relevant duties to prevent such violation.
| Article 81 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
Any of the following persons shall be deemed a public official for the purposes of the penalty provisions under Articles 127 and 129 through 132 of the Criminal Act:
| 1. | An executive officer or employee of an institution or organization designated as a general project manager for an industrial area improvement project in accordance with Article 29 (1); |
| 2. | A person who is not a public official among members of the Integrated Deliberative Committee. |
| Article 82 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by the imposition of an administrative fine not exceeding 10 million won: |
| 1. | A person who refuses, interferes with, or evades a survey or measurement under Articles 8 and 17; |
| 2. | A person who refuses, interferes with, or evades an inspection under Article 72 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | An association that conducts business other than an industrial area improvement project (referring to an association designated as a project implementer in accordance with Article 27 (1) 4); |
| 2. | A person who has access to any third person' land, in violation of Article 63 (2); |
| 3. | A person who fails to transfer relevant documents or drawings under Article 70 (4); |
| 4. | A person who fails to file a report under Article 72 (1) or files a false report; |
| 5. | A person who fails to submit documents under Article 72 (1) or submits false documents. |
| (3) | The Minister of Land, Infrastructure and Transport or the head of a Si/Gun, etc. shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. |
ADDENDA <Act No. 17870, Jan. 5, 2021>
Article 1 (Enforcement date)
This Act shall enter into 1 year after the date of its promulgation.
Article 2 (Obligation of Formulation of Master Plan for industrial areas)
The head of a Si/Gun, etc. shall formulate a master plan for industrial areas under Article 6 within 3 years from the date this Act enters into force; provided, in cases of a local government with a population of less than 100,000 persons, the head of the relevant Si/Gun, etc. may formulate the master plan within 5 years.
Article 3 (Transitional Measures concerning Projects in Progress)
Where a project conforming to the details of an industrial innovation zone plan prescribed by this Act is being implemented by a public institution, etc. in accordance with the relevant statutes, such as the National Land Planning and Utilization Act, the Building Act, the Act on the Improvement of Urban Areas and Residential Environments, the Special Act on Promotion of and Support for Urban Regeneration, before this Act enters into force, if the requirements prescribed by Presidential Decree are satisfied, the designation of an industrial innovation zone and an industrial innovation zone plan under this Act shall be deemed publicly notified.
ADDENDA <Act No. 19117, Dec. 27, 2022>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 20234, Feb. 6, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 20549, Dec. 3, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.