SPECIAL ACT ON THE CORPORATE REVITALIZATION
Act No. 14030, Feb. 12, 2016
Amended by Act No. 14075, Mar. 18, 2016
Act No. 14664, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16435, Aug. 12, 2019
Act No. 17799, Dec. 29, 2020
Act No. 18293, Jul. 8, 2021
Act No. 18425, Aug. 17, 2021
Act No. 19288, Mar. 28, 2023
Act No. 19430, Jun. 9, 2023
Act No. 20032, Jan. 16, 2024
Act No. 21065, Oct. 1, 2025
Act No. 21134, Nov. 11, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of the national economy, the balanced regional development, etc. through improvement of corporate vitality and the competitiveness of industries, promotion of competition in markets, innovation of the industrial ecosystem, and upgrading of the industrial structure, by improving relevant procedures, regulations, etc., so that companies may promptly engage in voluntary corporate restructuring. <Amended on Aug. 12, 2019; Jan. 16, 2024>
The terms used in this Act are defined as follows: <Amended on Aug. 12, 2019; Mar. 28, 2023; Jun. 9, 2023; Jan. 16, 2024; Oct. 1, 2025>
| 1. | The term "company" means any company prescribed in Article 169 of the Commercial Act, which is incorporated under Article 172 of that Act; provided, the foregoing shall not apply to foreign companies referred to in Article 614 of that Act and quasi-foreign companies referred to in Article 617 of that Act; |
| 2. | The term "corporate restructuring" means activities of a company to substantially improve productivity of all or part of its business, which meets each of the following requirements: |
| a. | Reorganizing all or some of business structures by means prescribed by Presidential Decree, such as a merger, division, the transfer, acquisition, or possession of shares, and the establishment of a company; |
| b. | Activities prescribed by Presidential Decree, by which a company promotes business innovation, such as entering a new business sector or adopting new technology, by reorganizing all or some fields or means of its business; |
| 3. | The term "corporate restructuring plan" means a plan that company has prepared to obtain approval under Article 9, to promote corporate restructuring. |
| 4. | The term "corporate restructuring for stabilizing supply" means addressing the following circumstances through corporate restructuring: |
| a. | Oversupply: A case prescribed by Presidential Decree, where management conditions of a company are expected to deteriorate continuously, such as a substantial reduction in operating profit margin and return on sales of a company or relative reduction in volatility of the prices of goods and services compared with expenses, because of an increase in supply and a decrease in demand for a considerable period at present or in the future based upon market conditions in a comparable industry both at home and abroad; |
| b. | Threats to the supply chain: Where the stability of the supply chain of core items necessary for the national economy is likely to be damaged or is unlikely to recover from the damage for a considerable period due to changes in internal and external circumstances, such as economy, trade, politics, and security, or due to natural disasters, etc.; |
| 5. | The term "future corporate restructuring" means the following: |
| a. | Entry into a new industry: Making an entry into an industry prescribed by Presidential Decree, which innovates an existing industry or has a new social and economic value and which is expected to have high marketability, ripple effects, growth potential, and contribution to the development of the national economy; |
| b. | Activities for digital transformation: Activities prescribed by Presidential Decree, such as utilizing intelligent information technology defined in subparagraph 4 of Article 2 of the Framework Act on Intelligent Informatization and industrial data defined in subparagraph 1 of Article 2 of the Industrial Digital Conversion Promotion Act, for the purposes of optimizing processes and advancing methods of selling goods and providing services, etc.; |
| c. | Carbon-neutral activities: Activities prescribed by Presidential Decree to reduce greenhouse gas emissions and to cope with climate crisis by promoting process optimization, utilization of specific facilities or technology, conversion of fuels and raw materials, etc. for the purposes prescribed in subparagraph 3 of Article 2 of the Framework Act on Carbon Neutrality and Green Growth for Climate Crisis Response to Climate Crisis; |
| 6. | The term "main industry in an industrial crisis area" means the main industry prescribed by presidential decree in an area designated as a special area for responding to an industrial crisis pursuant to Article 10 of the Special Act on Response to Local Industrial Crisis and Recovery of Local Economy; |
| 7. | The term "competent authority" means a central administrative agency under the Government Organization Act, which conducts affairs concerning promotion in the relevant business field subject to a corporate restructuring plan; provided, where the jurisdiction is unclear, the Minister of Trade, Industry, and Resources shall determine the competent authority in consultation with the heads of the relevant central administrative agencies; |
| 8. | The term "relevant agencies" means administrative agencies, other than the competent authority, which are relevant central administrative agencies and local governments related to exceptions referred to in Chapter IV, support for the resolution of difficulties due to restrictions referred to in Chapter V, examinations, etc., of corporate restructuring plans; |
| 9. | The term "balanced regional development" means a series of activities prescribed by Presidential Decree, with the aim of realizing a society in which all citizens across the nation enjoy an individual and prosperous life pursuant to subparagraph 2 of Article 2 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development; |
| 10. | Deleted. <Jan. 16, 2024> |
| Article 3 (Responsibilities of the government and companies) |
| (1) | The Government shall provide support necessary to promote voluntary corporate restructuring efforts of companies. |
| (2) | Companies shall endeavor to achieve sustainable development of the national economy and to increase competitiveness of industries through proactive corporate restructuring. |
| Article 4 (Scope of application) |
| (1) | This Act shall apply to any of the following domestic companies: <Amended on Mar. 28, 2023; Jan. 16, 2024> |
| 1. | A company in the process of corporate restructuring for stabilizing supply for the following purposes; |
| a. | Corporate restructuring to alleviate oversupply; |
| b. | Corporate restructuring for stabilizing supply as prescribed by Presidential Decree, such as production and storage of items prescribed by Presidential Decree, and development of alternative technologies, in order to eliminate threats to the supply chain; |
| 2. | A company that promotes future corporate restructuring and has obtained a future corporate restructuring determination from the Corporate Restructuring Determination Committee established under Article 6(12) (hereinafter referred to as the "Determination Committee"); |
| 3. | A company specified by Presidential Decree as an enterprise whose industry is a main industry of an area in industrial crisis and that is in the process of corporate restructuring with an aim to revitalize the regional economy; |
| 4. | Deleted; <Jan. 16, 2024> |
| 5. | Deleted. <Jan. 16, 2024> |
| (2) | Notwithstanding paragraph (1), this Act shall not apply to the following companies: |
| 1. | Companies with a sign of insolvency, defined in subparagraph 7 of Article 2 of the Corporate Restructuring Promotion Act (excluding companies that meet requirements prescribed by Presidential Decree for stability in employment, revitalization of the regional economy, prevention of divulging industrial technology, etc.); |
| 2. | Companies that filed an application for commencement of rehabilitation proceedings under Article 34 of the Debtor Rehabilitation and Bankruptcy Act; |
| 3. | Companies that filed an application for bankruptcy under Article 294 of the Debtor Rehabilitation and Bankruptcy Act; |
| 4. | Insolvent financial institutions defined in subparagraph 2 of Article 2 of the Act on the Structural Improvement of the Financial Industry; |
| 5. | Cases specified by Presidential Decree as those similar to the cases referred to in subparagraphs 1 through 4. |
[This Article Wholly Amended on Aug. 12, 2019]
| Article 5 (Relationship to other statutes) |
This Act shall prevail over other statutes that provide for corporate restructuring of companies.
CHAPTER II ESTABLISHMENT OF CORPORATE RESTRUCTURING PROMOTION SYSTEM
| Article 6 (Corporate Restructuring Plan Review Committee) |
| (1) | A Corporate Restructuring Plan Review Committee (hereinafter referred to as the "Review Committee") shall be established under the jurisdiction of the Ministry of Trade, Industry, and Resources to deliberate on important matters concerning corporate restructuring plans. <Amended on Oct. 1, 2025> |
| (2) | The Review Committee shall deliberate on the following: |
| 1. | Guidelines for implementation of a corporate restructuring plan under Article 7; |
| 2. | Matters concerning approval, approval for alteration, and revocation of approval of a corporate restructuring plan under Articles 9, 10, 12, and 13, and matters concerning the extension of the period of the corporate restructuring plan; |
| 3. | Other matters brought before the meetings by the chairperson of the Review Committee in relation to corporate restructuring plans. |
| (3) | Where deemed necessary for deliberation, the Review Committee may require relevant persons, such as public officials of relevant central administrative agencies and local governments, and stakeholders of a company that has filed for approval of a corporate restructuring plan, to attend its meetings, to hear their opinions. |
| (4) | The Review Committee shall be comprised of less than 20 members, including two chairpersons. |
| (5) | The chairpersons of the Review Committee shall be a Vice Minister of Trade, Industry, and Resources designated by the Minister of Trade, Industry, and Resources among the Vice Ministers of Trade, Industry, and Resources, and a member appointed by the Minister of Trade, Industry, and Resources from among members who are not public officials; the following persons shall serve as members of the Review Committee: <Amended on Jul. 8, 2021; Jan. 16, 2024; Oct. 1, 2025> |
| 1. | Each public official of at least Grade 1 under the jurisdiction of the Ministry of Economy and Finance, the Ministry of Justice, the Fair Trade Commission, and the Financial Services Commission, who is an ex officio member; |
| 2. | Four economic experts recommended by the competent standing committee of the National Assembly of the Republic of Korea; |
| 3. | Persons appointed by the Minister of Trade, Industry, and Resources, who have extensive knowledge of and experience in corporate restructuring prescribed by Presidential Decree. |
| (6) | Where a member of the Review Committee falls under any of the following cases, he or she shall be excluded from deliberation or resolution on the relevant agenda item: <Amended on Mar. 21, 2017; Jan. 16, 2024> |
| 1. | Where the member or his or her spouse or relative holds shares or bonds of an applicant company referred to in Article 9(2); |
| 2. | Where the member or a corporation or office to which the member belongs counsels or advises on the law, management, accounting, etc. of an applicant company; |
| 3. | Where the member or a corporation or office to which the member belongs engages or engaged in the affairs of the relevant corporate restructuring of an applicant company (excluding counseling or advice referred to in subparagraph 2). |
| 4. | Where it is impracticable to expect a fair deliberation and resolution due to a possible conflict of interest between the member, his or her spouse, or relatives and the applicant company. |
| (7) | Where it is impractical for an applicant company referred to in Article 9(2) to expect fairness in deliberation or resolution from a member of the Review Committee, such company may file for challenge with the Review Committee; and the Review Committee shall determine whether to approve challenge through its resolution. In such cases, no member of the Review Committee subject to challenge shall participate in such resolution. |
| (8) | Where a member of the Review Committee falls under paragraph (6), he or she shall inform the Review Committee of such fact, and voluntarily refrain from engaging in the deliberation or resolution on the relevant agenda item. |
| (9) | Where a member of the Review Committee has compromised the fairness of deliberation, such as failure to apply for challenge, giving or receiving money or other valuables in exchange for deliberation, or exercising his or her authority upon an improper request, though he or she falls under paragraph (6), the Review Committee may dismiss or relieve the relevant member from the Review Committee. |
| (10) | Each committee member who is not a public official shall hold office for a term of two years and may be appointed consecutively only for another term. <Amended on Aug. 12, 2019> |
| (11) | The Review Committee shall draft minutes stating the following and keep them for five years. In such cases, it may use stenography, sound-recording, or video-recording, where deemed necessary: <Added on Mar. 21, 2017; Jan. 16, 2024> |
| 1. | Date, time, and place of a meeting; |
| 2. | List of the members present; |
| 3. | Details of a review and resolutions adopted. |
| 4. | Details of major statements made by the chairpersons and members. |
| (12) | A Corporate Restructuring Determination Committee shall be established within the Review Committee for deliberation on whether the business or activity that an applicant company under Article 9(2) intends to conduct through corporate restructuring falls under future corporate restructuring. <Added on Aug. 12, 2019; Mar. 28, 2023; Jan. 16, 2024> |
| (13) | Where deemed necessary for deliberation, the Review Committee may organize a subcommittee comprised of at least five members to conduct deliberation, the operation of which shall be governed by paragraphs (3) and (6) through (11) mutatis mutandis; Provided, That such subcommittee shall not make a resolution except for a resolution on challenge under paragraph (7). <Added on Jan. 16, 2024> |
| (14) | Other matters necessary for the composition and operation of the Review Committee, the Determination Committee, and a subcommittee under paragraph (13) shall be prescribed by Presidential Decree. <Amended on Aug. 12, 2019; Jan. 16, 2024> |
| Article 6-2 (Securing of fairness and transparency) |
The Review Committee shall secure fairness and transparency in its review.
[This Article Added on Mar. 21, 2017]
| Article 7 (Guidelines for implementation of corporate restructuring plans) |
| (1) | The Minister of Trade, Industry, and Resources shall prepare guidelines for implementation of corporate restructuring plans (hereinafter referred to as "guidelines for implementation of corporate restructuring plans"), and publish notice of such guidelines in the Official Gazette. The same shall apply to amendment to the guidelines. <Amended on Oct. 1, 2025> |
| (2) | Guidelines for implementation of corporate restructuring plans shall include the following: <Amended on Aug. 12, 2019> |
| 1. | Detailed matters to be included in a corporate restructuring plan; |
| 2. | Detailed criteria for review and approval of a corporate restructuring plan; |
| 3. | Procedures necessary to implement corporate restructuring; |
| 4. | Other matters prescribed by Presidential Decree. |
| (3) | Where the Minister of Trade, Industry, and Resources formulates or amends guidelines for implementation of corporate restructuring plans, he or she shall hold consultation with the heads of relevant central administrative agencies, and undergo deliberation by the Review Committee; provided, the foregoing shall not apply where he or she amends any insignificant matter prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary to prepare and implement guidelines for implementation of corporate restructuring plans, shall be prescribed by Presidential Decree. |
| Article 8 (Implementation of basic research related to corporate restructuring) |
| (1) | The Minister of Trade, Industry, and Resources may conduct fact-finding surveys and collect and analyze statistical data necessary to survey trends by industry, category of business, and company size, and short-to-long term prospects to utilize them for deliberation, etc., on corporate restructuring plans, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
| (2) | Where necessary for fact-finding surveys and the collection and analysis of statistical data under paragraph (1), the Minister of Trade, Industry, and Resources may request the heads of relevant agencies or the heads of institutions or organizations that support companies, such as economic organizations, to provide cooperation, such as the submission of data. In such cases, any person requested to submit data or provide cooperation shall comply with such request, except in extenuating circumstances. <Amended on Oct. 1, 2025> |
| Article 8-2 (Establishment of cooperative system for corporate restructuring) |
| (1) | In order to facilitate preemptive innovation and prompt reorganization of industrial ecosystems, the Government may organize an industry-specific corporate restructuring support council consisting of leading enterprises by major industry, industry-related support institutions and organizations, etc. to prepare necessary support measures, such as discovering enterprises with demand, raising funds, providing technology and human resources, etc. |
| (2) | In order to ensure preemptive innovation in the industrial ecosystem and prompt implementation of corporate restructuring, policy financial institutions, commercial banks, etc. may identify and recommend companies demanding corporate restructuring, and may provide necessary support, such as financial support for companies approved for corporate restructuring, in cooperation with an industry-specific corporate restructuring support council. |
| (3) | Matters necessary for a corporate restructuring support council shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 16, 2024]
CHAPTER III APPLICATION FOR APPROVAL OF CORPORATE RESTRUCTURING PLANS AND APPROVAL THEREOF
| Article 9 (Application for approval of corporate restructuring plans) |
| (1) | Each company that intends to implement corporate restructuring to receive support under this Act, shall formulate a corporate restructuring plan and obtain approval from the competent authority. |
| (2) | Each company that intends to apply for approval of a corporate restructuring plan (hereinafter referred to as "applicant company") to receive support under this Act, shall submit the corporate restructuring plan, including the following information, to the head of the competent authority: <Amended on Aug. 12, 2019; Dec. 29, 2020; Jan. 16, 2024> |
| 1. | Necessity of corporate restructuring; |
| 2. | Matters specified by Presidential Decree with regard to goals of corporate restructuring to improve productivity, sales, and financial soundness which the company intends to achieve during the period of the corporate restructuring plan; provided, in the case of carbon-neutral activities prescribed in subparagraph 5c of Article 2, matters prescribed by Presidential Decree, such as greenhouse gas reduction; |
| 3. | In cases of the following companies, the data specified in the relevant item: |
| a. | A company referred to in Article 4(1)1: Data substantiating that the business sector of which the company intends to implement corporate restructuring is in oversupply or suffer from threats to the supply chain; |
| b. | A company referred to in Article 4(1)2: Data substantiating that the details of the business for which corporate restructuring is to be promoted amount to future corporate restructuring; |
| c. | A company referred to in Article 4(1)3: Data substantiating that the business sector of which the company intends to implement corporate restructuring is a main industry of an area in industrial crisis; |
| 4. | Details of the implementation of corporate restructuring and the period of the corporate restructuring plan; |
| 5. | Scale of funds necessary for corporate restructuring and fund-raising methods; |
| 6. | Where corporate restructuring meets requirements referred to in Article 11 of the Monopoly Regulation and Fair Trade Act, a report and relevant documents (hereafter in this Article referred to as "business combination report") in Article 18(4) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act; |
| 7. | Details of support necessary for corporate restructuring; |
| 8. | Employment and investment plan following corporate restructuring; |
| 9. | Matters concerning labor-management consultation, employment adjustment, etc., following corporate restructuring; |
| 10. | Where it is necessary to sell land for industrial use or other property for corporate restructuring pursuant to Article 31-2(1), the plan to use gains on transfer, out of the sale price referred to in Article 31-2(2); |
| 11. | Other matters prescribed by Presidential Decree; |
| (3) | The period of a corporate restructuring plan under paragraph (2)4 shall not exceed the following periods: <Amended on Aug. 12, 2019> |
| 1. | In cases of Article 4(1)1 or 3: Three years; |
| 2. | In cases of Article 4(1)2: Five years. |
| (4) | Where two or more companies intend to jointly implement corporate restructuring, they shall jointly apply for corporate restructuring, along with a single corporate restructuring plan jointly prepared by them. In such cases, if the companies jointly filing such application individually meet any of the requirements prescribed in subparagraph 2 of Article 2 and jointly meet the requirements for corporate restructuring, the corporate restructuring intended by them shall be deemed the corporate restructuring under subparagraph 2 of Article 2. <Amended on Aug. 12, 2019> |
| (5) | If a single corporate restructuring plan under paragraph (4) includes the information specified in any subparagraph of paragraph (2), each applicant company may submit a corporate restructuring plan without including information about some matters, excluding the information on the matters specified in paragraph (2)2 from the plan. <Added on Aug. 12, 2019> |
| (6) | Where a business combination report is included in a corporate restructuring plan submitted by an applicant company under paragraph (2), to the head of the competent authority, the head of the competent authority shall immediately forward such documents to the Fair Trade Commission; and the date on which the head of the competent authority receives such corporate restructuring plan shall be deemed the date of the business combination report pursuant to Article 11(1) and (2) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act. <Amended on Aug. 12, 2019; Dec. 29, 2020> |
| (7) | Where necessary, the head of the competent authority may require an applicant company to supplement a corporate restructuring plan and submit relevant data. <Amended on Aug. 12, 2019> |
| (8) | In any of the following cases, the head of the competent authority shall return such corporate restructuring plan to the applicant company and notify the grounds for the return thereof: <Amended on Aug. 12, 2019> |
| 1. | Where there are reasons for return prescribed by Presidential Decree, such as false or incorrect entries in the corporate restructuring plan; |
| 2. | Where the details of the corporate restructuring plan do not correspond to corporate restructuring; |
| 3. | Where the applicant company does not fall within the scope of application of this Act; |
| 4. | Where any of the goals of productivity, sales, financial soundness, etc. proposed in the corporate restructuring plan is below any of the standards prescribed by Presidential Decree; |
| 5. | Where it is objectively evident that it is impossible to achieve goals presented in the corporate restructuring plan and prescribed by Presidential Decree; |
| 6. | Where an application is jointly filed pursuant to paragraph (4), even though joint corporate restructuring is unnecessary to attain the goals proposed in the corporate restructuring plan. |
| (9) | Other detailed matters concerning an application for approval and return of a corporate restructuring plan shall be prescribed by Presidential Decree. <Amended on Aug. 12, 2019> |
| Article 10 (Deliberation on and approval of corporate restructuring plans) |
| (1) | Where the head of the competent authority intends to approve a corporate restructuring plan, he or she shall approve the corporate restructuring plan after deliberation by the Review Committee; provided, consultation may substitute for such deliberation in the following cases: <Amended on Jul. 26, 2017; Aug. 12, 2019; Jun. 9, 2023> |
| 1. | Approval of a corporate restructuring plan for which an application has been filed by a small or medium enterprise in a size not greater than the size prescribed by Presidential Decree: Consultation between the head of the competent authority and the Minister of SMEs and Startups; |
| 2. | Approval of a corporate restructuring plan for which an application has been filed by a company referred to in Article 4(1)3: Consultation among the head of the competent authority, the Minister of SMEs and Startups, and the head of the local government having jurisdiction over the relevant special area for responding to an industrial crisis under to Article 10 of the Special Act on Response to Local Industrial Crisis and Recovery of Local Economy. |
| (2) | Upon receipt of a corporate restructuring plan, the head of the competent authority shall review such corporate restructuring plan, based on the details prescribed by Presidential Decree, and request the Review Committee to deliberate on the corporate restructuring plan within a period prescribed by Presidential Decree, in any case within 60 days. In such cases, the Review Committee shall complete deliberation within a period of up to 60 days as prescribed by Presidential Decree from the date on which it is requested to deliberate on the corporate restructuring plan by the head of the competent authority. <Amended on Aug. 12, 2019> |
| (3) | Where the head of the competent authority judges that matters requested by an applicant company in accordance with a corporate restructuring plan, among support provided in this Act are matters that require cooperation with relevant agencies, he or she shall pre-consult with the heads of relevant agencies. |
| (4) | Where the head of the competent authority determines that an applicant company is able to achieve goals in cases falling under Article 9(2)2 based upon the following, he or she shall approve the relevant corporate restructuring plan: <Amended on Aug. 12, 2019; Jan. 16, 2024> |
| 1. | Whether the applicant company is able to achieve goals referred to in Article 9(2)2 when considering its management resources, such as its technical ability and funds; |
| 2. | Whether the improvement in productivity, sales, and financial soundness in accordance with the relevant corporate restructuring plan is sustainable based upon structure, etc., of the market to which the applicant company belongs; |
| 3. | Whether the corporate restructuring plan contributes to alleviating or addressing oversupply or threats to the supply chain in the relevant category of business, entering new industries, digital transformation, carbon neutrality, and overcoming a crisis in the main industry of an area in industrial crisis. |
| (5) | Notwithstanding paragraph (4), where an application is jointly filed pursuant to Article 9(4), additional consideration shall be given to whether measures taken by each applicant company for restructuring, corporate innovation, etc. are integrated into one another and whether such measures are organically connected with one another, in determining whether to approve the corporate restructuring plan. <Added on Aug. 12, 2019> |
| (6) | When approving a corporate restructuring plan, the head of the competent authority may consider the following: <Amended on Aug. 12, 2019; Jan. 16, 2024> |
| 1. | Prospects of creating new employment and investment; |
| 2. | Prospects of upgrading the industrial structure through the relevant corporate restructuring plan; |
| 3. | Whether the relevant corporate restructuring plan unjustly interferes with any of the interests of workers; |
| 4. | The effect of balanced regional development through the relevant corporate restructuring plan; |
| 5. | Other matters prescribed by Presidential Decree in consideration of the level of contribution of the relevant corporate restructuring plan to the national economy. |
| (7) | Where the head of the competent authority determines that a corporate restructuring plan includes matters prescribed by Presidential Decree, such as succession of management rights, strengthening of the corporate governance of persons in a special relationship, and the provision of unfair profits to affiliate companies of a conglomerate restricted from cross-shareholding (referring to a conglomerate restricted from cross-shareholding under Article 31(1) of the Monopoly Regulation and Fair Trade Act; hereinafter the same shall apply) rather than improving productivity, he or she shall not approve the corporate restructuring plan or any amendment thereto. <Amended on Aug. 12, 2019; Dec. 29, 2020> |
| (8) | Where the head of the competent authority determines that combination of enterprises (referring to combination of enterprises under Article 9 of the Monopoly Regulation and Fair Trade Act) performed in accordance with a corporate restructuring plan, has an effect on increasing efficiency under Article 9(2)1 of the Monopoly Regulation and Fair Trade Act, he or she may submit his or her opinion to the Fair Trade Commission. In such cases, the Fair Trade Commission shall consider the competent authority's opinion when it determines the effect, etc., of increased efficiency. <Amended on Aug. 12, 2019; Dec. 29, 2020> |
| (9) | Where the Review Committee completes deliberation on a corporate restructuring plan, the head of the competent authority shall immediately determine whether to approve the corporate restructuring plan, and specific matters of the details of support for the relevant corporate restructuring plan; and shall notify the relevant applicant company and the Review Committee of his or her determinations and publicly announce them, as prescribed by Presidential Decree. <Amended on Aug. 12, 2019> |
| (10) | An applicant company and the Review Committee notified of the determination of approval pursuant to paragraph (9), shall publicly announce the determination of approval, as prescribed by Presidential Decree. <Amended on Aug. 12, 2019> |
| (11) | Details of support to be applied to an approved company under Article 11(1) among support under Articles 15 through 36, shall be limited to matters determined under paragraph (9), among details of support specified in a corporate restructuring plan for which the company has filed. <Amended on Aug. 12, 2019> |
| Article 11 (Implementation of corporate restructuring plans) |
| (1) | Any company that has obtained approval of a corporate restructuring plan (including a company newly established through a merger, division, etc. according to the corporate restructuring plan; hereinafter referred to as "approved company") shall regularly report its progress in implementing the corporate restructuring plan, its performance, etc. to the head of the competent authority. <Amended on Aug. 12, 2019> |
| (2) | Where necessary, the head of the competent authority may require an approved company to submit data, as prescribed by Presidential Decree. |
| (3) | Where the current status of implementation in paragraph (1) differs from the approved corporate restructuring plan, the head of the competent authority may request an approved company to make relevant corrections. |
| (4) | The head of the competent authority shall publicly announce the current status of implementation referred to in paragraph (1) and details of request for correction under paragraph (3). |
| (5) | Detailed matters concerning reporting of the actual results of implementation (1), submission of data, request for correction, and public announcement under paragraph (1) through (4), shall be prescribed by Presidential Decree. |
| (6) | Where an approved company completes corporate restructuring, the head of the competent authority shall evaluate matters prescribed by Presidential Decree, such as whether the approved company has achieved its goals to improve productivity, sales, financial soundness, etc., as submitted under Article 9(2), shall publicly announce the findings of its evaluation as prescribed by Presidential Decree, and may prepare support policies, such as selecting and rewarding companies with excellent evaluation results. <Amended on Aug. 12, 2019; Jan. 16, 2024> |
| (7) | Where the head of the competent authority conducts an evaluation pursuant to paragraph (6), he or she shall hear opinions of stakeholders, such as shareholders and creditors of an approved company, and reflect their opinions in the findings of the evaluation. |
| (8) | If deemed necessary for managing the progress of performance of an approved company, the head of the competent authority may authorize public officials of the authority or executive officers and employees of the institution to which relevant affairs are entrusted pursuant to Article 36 to enter the office or place of business of the approved company to investigate books of accounts, documents, and other relevant materials. <Added on Aug. 12, 2019> |
| (9) | Before conducting an investigation under paragraph (8), the investigated persons shall be informed of the investigation plan, including the date, time, purposes, and details of the investigation, by not later than seven days before the investigation; provided, the foregoing shall not apply where an urgent investigation is required or where it is considered impossible to attain purposes of the investigation due to destruction of evidence, etc. if informed in advance. <Added on Aug. 12, 2019> |
| (10) | Persons conducting an investigation under paragraph (8) shall carry an identification certificate indicating their authority, shall present the certificates to interested persons, and shall deliver a document stating the names of public officials, etc. involved, the time and purposes of entrance, etc. to the interested persons. <Added on Aug. 12, 2019> |
| Article 12 (Amendment to corporate restructuring plans) |
| (1) | Where it is impractical for an approved company to implement a corporate restructuring plan originally approved due to extenuating circumstances as follows, after it has obtained approval of the corporate restructuring plan pursuant to Article 10, it may apply for amendment to the approved corporate restructuring plan, or apply for extension of the period of the corporate restructuring plan within two years for only one occasion: |
| 1. | Where considerable changes occur in economic conditions, which were unexpected at the time it obtained approval of the corporate restructuring plan; |
| 2. | Where unexpected changes occur in the policy environment, such as changes in statutes or regulations related to the corporate restructuring plan; |
| 3. | Other extenuating circumstances prescribed by Presidential Decree, which require an amendment to or extension of the corporate restructuring plan. |
| (2) | Articles 9 and 10 shall apply mutatis mutandis to procedures for amending a corporate restructuring plan; provided, the head of the competent authority may approve a modification to any minor matter specified by Presidential Decree. <Amended on Aug. 12, 2019> |
| Article 13 (Revocation of approval of corporate restructuring plans) |
| (1) | Where a corporate restructuring plan approved under Article 10 or approved for amendment under Article 12, falls under any of the following, the head of the competent authority may revoke his or her approval after deliberation by the Review Committee; provided, where the corporate restructuring plan falls under subparagraph 1 or 2, he or she shall revoke his or her approval: <Amended on Aug. 12, 2019> |
| 1. | Where a company has obtained approval of and approval for amendment to the corporate restructuring plan by fraud or other improper means; |
| 2. | Where it is proved, after the corporate restructuring plan is approved, that its purpose is to achieve the aims prescribed by Presidential Decree, such as succession of management rights, strengthening of the corporate governance of persons in a special relationship, and the provision of unfair profits to affiliate companies of a conglomerate restricted from cross-shareholding; |
| 3. | Where a company fails to implement corporate restructuring within a planned period of the corporate restructuring plan without justifiable ground; |
| 4. | Where a company fails to fulfill its obligation to report under Article 11(1) and to implement a request for correction under Article 11(3) without justifiable ground; |
| 5. | Where it is confirmed that an approved company commits a serious offense prescribed by Presidential Decree when it implements the corporate restructuring plan; |
| 6. | Where it is found impracticable to implement a corporate restructuring plan due to voluntary withdrawal, permanent closure of business, etc. after the corporate restructuring plan is approved. |
| (2) | Where the head of the competent authority revokes his or her approval pursuant to paragraph (1), he or she shall immediately announce the revocation of his or her approval and notify the Minister of Trade, Industry, and Resources of such revocation. <Amended on Oct. 1, 2025> |
| (3) | Articles 9 and 10 shall apply mutatis mutandis to procedures for revocation of approval of a corporate restructuring plan. |
| Article 14 (Effect of revocation of approval of corporate restructuring plans) |
| (1) | Where approval of a corporate restructuring plan is revoked pursuant to Article 13, no support shall be provided under this Act to any company whose corporate restructuring plan previously approved is revoked (hereinafter referred to as "company approval of which is revoked) from the date on which approval is revoked. |
| (2) | Where a company approval of which was revoked has received monetary benefits under Articles 27 through 30, the head of the competent authority shall fully or partially withdraw such benefits. In such cases, where the company approval of which is revoked refuses or delays the withdrawal of all or some of monetary benefits, the head of the competent authority may collect such benefits in the same manner as national taxes or local taxes in arrears are collected. |
| (3) | Detailed matters concerning measures for withdrawal of monetary benefits from a company approval of which is revoked, and measures for payment, the effect of the revocation of approval, etc., shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPORT FOR CORPORATE RESTRUCTURING
SECTION 1 Exceptions to the Commercial Act and the Financial Investment Services and Capital Markets Act
| Article 15 (Exceptions to small-scale division) |
| (1) | Where an approved company becomes subject to a physical division under Article 530-12 of the Commercial Act in accordance with a corporate restructuring plan, approval by the board of directors may substitute for approval at the general meeting of shareholders if total assets of the company newly established through the division are smaller than 10 percent of total assets of the approved company. <Amended on Aug. 12, 2019> |
| (2) | Paragraph (1) shall apply only once during the period of the corporate restructuring plan. |
| (3) | Article 527-3(2) through (4) of the Commercial Act shall apply mutatis mutandis in cases falling under paragraph (1). |
| Article 16 (Exceptions to small-scale merger) |
| (1) | Where an approved company becomes subject to a merger, a merger through division, or other similar transaction in accordance with a corporate restructuring plan, "cases not exceeding 10 percent of the total number of outstanding shares" in Articles 360-10, 527-3(1), and 530-11(2) of the Commercial Act shall be construed as "cases not exceeding 20 percent of the total number of issued shares". <Amended on Aug. 12, 2019> |
| (2) | Notwithstanding Article 360-10(5), 527-3(4), or 530-11(2) of the Commercial Act, where a shareholder who holds shares equivalent to a percentage prescribed by Presidential Decree, within 10 percent of the total number of outstanding shares of a company that becomes a complete parent company or a surviving company of a merger, gives written notice of his or her intention to oppose share exchange or merger in paragraph (1) against the approved company within two weeks from the date an official announcement under Article 360-10(4) of that Act is made or notice under Article 527-3(3) of that Act is given, the approved company shall not engage in share exchange or merger pursuant to paragraph (1). <Amended on Aug. 12, 2019> |
| Article 18 (Exceptions to procedures for merger) |
| (1) | Where an approved company convenes a general meeting of shareholders for merger referred to in Article 522; division or division and merger referred to in Article 530-2; comprehensive exchange of shares referred to in Article 360-2, comprehensive transfer of shares referred to in Article 360-15, and transfer and takeover of business (hereinafter referred to as "merger, etc.") referred to in Article 374 of the Commercial Act, notwithstanding Articles 363(1) and 542-4(1) of the Commercial Act, it may send written notice to each shareholder or give notice in electronic form with the consent of each shareholder seven days before the date of a general meeting of shareholders. <Amended on Aug. 12, 2019> |
| (2) | Where an approved company conducts a merger, etc., notwithstanding Articles 360-4(1), 360-17(1), 522-2(1), and 530-7(1) and (2) of the Commercial Act, it shall keep documents referred to in the subparagraphs of that paragraphs of that Articles in its head office seven days prior to the general meeting of shareholders for approval of the merger until six months elapse after the date on which it conducts the merger, etc. <Amended on Aug. 12, 2019> |
| (3) | Where an approved company closes a list of shareholders or sets the base date pursuant to Article 354(1) of the Commercial Act to pass a resolution of a merger, etc., notwithstanding paragraph (4) of that Article, it may publicly announce the closure of the list of shareholders and the base date set seven days prior to the date of the closure thereof or the base date. In such cases, it shall publicly announce the closure thereof and the base date in at least two daily newspapers; provided, a stock company under the Commercial Act may make such public announcement by the electronic means specified in Article 289 of the Commercial Act. <Amended on Aug. 12, 2019> |
| (4) | Where computing the period in paragraphs (1) and (3), public holidays, Saturdays, and the Labor Day under the Act on Designation of Labor Day shall be excluded. <Amended on Aug. 12, 2019; Nov. 11, 2025> |
| Article 19 (Exceptions to procedures for protection of creditors) |
| (1) | Notwithstanding Articles 232, 527-5, 530-9(4), and 530-11(2) of the Commercial Act, within two weeks from the date on which an approved company passes a resolution for the merger, etc., the approved company shall publicly announce that any objection to the merger, etc. shall be submitted for a period of at least 10 days. |
| (2) | Notwithstanding Article 440 of the Commercial Act, an approved company shall publicly announce that stock certificates shall be presented to the company during a specified period of at least 10 days and shall give notice thereof individually to each shareholder registered in the list of shareholders and each pledgee. <Added on Aug. 12, 2019> |
| (3) | Where an approved company proves that no creditor has incurred any loss according to the method of submitting a guarantee of payment of debt issued by a bank or an insurance policy when it conducts a merger, etc. in accordance with a corporate restructuring plan, Articles 232, 527-5, 530-9(4), and 530-11(2) of the Commercial Act shall not apply. <Amended on Aug. 12, 2019> |
| (4) | Where computing the period in paragraph (1), public holidays, Saturdays, and the Labor Day under the Act on Designation of Labor Day shall be excluded. <Amended on Aug. 12, 2019; Nov. 11, 2025> |
| Article 20 (Exceptions to claims for purchase of shares) |
| (1) | Where an approved company conducts a merger, etc. in accordance with a corporate restructuring plan, notwithstanding Articles 360-5(1), 374-2(1), 522-3(1), and 530-11(2) of the Commercial Act and Article 165-5(1) of the Financial Investment Services and Capital Markets Act, any shareholder who has given written notice of his or her intention to oppose the resolution of the merger, etc., to the approved company before a general meeting of shareholders, may file a claim for the purchase of shares he or she holds with the approved company in writing, specifying the type and number of shares, within 10 days from the date on which the resolution is passed at the general meeting of shareholders. <Amended on Aug. 12, 2019> |
| (2) | Upon receipt of a claim referred to in paragraph (1), an approved company shall purchase such shares within six months, notwithstanding Article 374-2(2) of the Commercial Act; provided, a stock-listed corporation referred to in Article 9(15) of the Financial Investment Services and Capital Markets Act shall purchase such shares within three months, notwithstanding Article 165-5(2) of that Act. |
SECTION 2 Exceptions to the Monopoly Regulation and Fair Trade Act
| Article 21 (Exceptions to regulation on holding companies) |
| (1) | Article 18(2)1 through 3 of the Monopoly Regulation and Fair Trade Act shall not apply to an approved company once for a period not exceeding the corporate restructuring planning period (the periods prescribed in the items of Article 18(2)2 and 3 of the Monopoly Regulation and Fair Trade Act shall be deemed to be included herein), in accordance with the approved corporate restructuring plan; provided, The foregoing shall not apply where the relevant approved company holds shares of affiliate companies in the Republic of Korea, which are not subsidiary companies. <Amended on Dec. 29, 2020; Jan. 16, 2024> |
| (2) | Paragraph (1) shall apply only where an approved company falls under a holding company referred to in subparagraph 7 of Article 2 of the Monopoly Regulation and Fair Trade Act, as at the time it submits a corporate restructuring plan referred to in Article 9 or an amended corporate restructuring plan referred to in Article 12 to the head of the competent authority; provided, where the approved company submits the amended corporate restructuring plan, paragraph (1) shall apply only to corporate restructuring newly included in the relevant plan. <Amended on Dec. 29, 2020> |
| Article 22 (Exceptions to regulation on subsidiary companies of holding companies) |
| (1) | Article 18(3)1 of the Monopoly Regulation and Fair Trade Act shall not apply to an approved company once for a period not exceeding the corporate restructuring planning period (the periods prescribed in the items of Article 18(3)1 of the Monopoly Regulation and Fair Trade Act shall be deemed to be included herein), in accordance with the approved corporate restructuring plan. <Amended on Dec. 29, 2020; Jan. 16, 2024> |
| (2) | Article 18(3)2 of the Monopoly Regulation and Fair Trade Act shall not apply to an approved company, which meets all of the following requirements, once for a period not exceeding the corporate restructuring planning period (the periods prescribed in the items of Article 18(3)2 of the Monopoly Regulation and Fair Trade Act shall be deemed to be included herein), in accordance with the approved corporate restructuring plan. <Amended on Dec. 29, 2020; Jan. 16, 2024> |
| 1. | The approved company shall fall under a subsidiary company of a holding company; |
| 2. | A company, shares of which are held by the approved company (hereinafter referred to as "invested company") shall be a second-tier subsidiary company of a holding company; |
| 3. | The number of approved companies which hold shares of an invested company, shall be not more than two. |
| (3) | Paragraphs (1) and (2) shall apply only where an approved company falls under a subsidiary company under subparagraph 8 of Article 2 of the Monopoly Regulation and Fair Trade Act, as at the time it submits a corporate restructuring plan referred to in Article 9 or an amended corporate restructuring plan referred to in Article 12 to the head of the competent authority; provided, where it submits the amended corporate restructuring plan, paragraphs (1) and (2) shall apply only to corporate restructuring newly included in the relevant plan. <Amended on Dec. 29, 2020> |
| Article 23 (Exceptions to regulation on second-tier subsidiary companies of holding companies) |
| (1) | Article 18(43) of the Monopoly Regulation and Fair Trade Act shall not apply to an approved company, which meets all of the following requirements, once for a period not exceeding the corporate restructuring planning period (the periods prescribed in the subparagraphs of Article 18(4) of the Monopoly Regulation and Fair Trade Act shall be deemed to be included herein), in accordance with the approved corporate restructuring plan. <Amended on Dec. 29, 2020; Jan. 16, 2024> |
| 1. | The approved company shall be a second-tier subsidiary company of a holding company; |
| 2. | An invested company shall be an affiliate company in the Republic of Korea, other than a holding company, subsidiary company, second-tier subsidiary company, and third-tier subsidiary company; |
| 3. | Each approved company shall hold at least 50 percent of shares of invested companies, respectively; |
| 4. | Not more than two approved companies shall hold shares of invested companies. |
| (2) | Paragraph (1) shall apply only where an approved company is a second-tier company referred to in subparagraph 9 of Article 2 of the Monopoly Regulation and Fair Trade Act as at the time it submits a corporate restructuring plan under Article 9 or an amended corporate restructuring plan under Article 12, to the head of the competent authority. <Amended on Dec. 29, 2020> |
| Article 24 (Exceptions to regulation on conglomerates restricted from cross-shareholding) |
| (1) | With regard to an approved company belonging to a conglomerate restricted from cross-shareholding, "six months" referred to in Articles 21(2) and 22(2)1 (excluding where a company makes an affiliated investment that forms circular equity investment in accordance with the exercise of a security right or the receipt of payment in substitution) of the Monopoly Regulation and Fair Trade Act, shall be changed to "one year" in accordance with the approved corporate restructuring plan. <Amended on Aug. 12, 2019; Dec. 29, 2020> |
| (2) | Articles 24 and 31(3)2 of the Monopoly Regulation and Fair Trade Act shall not apply, for three years, to cases where an approved company belonging to a conglomerate restricted from cross-shareholding guarantees the payment of debts of another approved company in accordance with an approved corporate restructuring plan. <Added on Aug. 12, 2019; Dec. 29, 2020> |
| (3) | Paragraph (2) shall not apply where a conglomerate is newly designated as a conglomerate restricted from cross-shareholding or where the total equity (referring to the amount left after subtracting total liabilities from total assets on its statement of financial position) of the approved company exceeds double its liabilities. <Added on Aug. 12, 2019> |
| Article 24-2 (Concurrent procedures authorizing multiple acts) |
If requested by a company prescribed by Presidential Decree, a review of a corporate restructuring plan by the Review Committee and authorization procedures by the Fair Trade Commission under Article 40(3) of the Monopoly Regulation and Fair Trade Act may be conducted concurrently, as prescribed by Presidential Decree. In such cases, the period required for authorization procedures shall not be included in the period referred to in Article 10(2).
[This Article Added on Mar. 28, 2023]
| Article 24-3 (Companies supporting corporate restructuring for coexistence) |
| (1) | The Minister of Trade, Industry and Resources may select a company that meets all of the following requirements as a company supporting corporate restructuring for coexistence in accordance with the procedures prescribed by Presidential Decree: <Amended on Oct. 1, 2025> |
| 1. | A company that has a business relationship or a cooperative relationship with an approved company; |
| 2. | A company that has a plan to support corporate restructuring of an approved company, such as joint technological development, provision of consulting and education, financial support, and contracts for orders; |
| 3. | An enterprise which has not been subject to corrective measures (including recommendations for correction or warnings) or penalty surcharges for violating Article 45 or 47 of the Monopoly Regulation and Fair Trade Act or the Fair Transactions in Subcontracting Act for the last three years; |
| 4. | A company that has not received any request for improvement, recommendation for correction, or order for correction under Article 27 or 28 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises for the last three years. |
| (2) | The Government and local governments may provide administrative and financial support for encouraging corporate restructuring support activities, such as rewarding companies supporting corporate restructuring for coexistence. |
| (3) | The National Commission for Corporate Partnership established under Article 20-2 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises may give independent and autonomous preferential treatment to companies supporting corporate restructuring for coexistence in calculating shared growth index. |
| (4) | Matters necessary for the effective period of selection of companies supporting corporate restructuring for co-existence, the revocation of selection, management, etc. thereof shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 16, 2024]
| Article 25 Deleted. <Aug. 12, 2019> |
| Article 26 (Starting point for computation of period of exception) |
The period of exception provided in Articles 21 through 24 shall commence from the date on which a merger, division, incorporation, etc. take effect in accordance with the relevant corporate restructuring plan. <Amended on Aug. 12, 2019>
| Article 26-2 (Requirements for application of exceptions) |
Approved companies falling under Article 4(1)1b or 4(1)2 may be eligible for exceptions only in the following cases; provided, the foregoing shall not apply to companies in which stocks are held by a specially related person under Article 47 of the Monopoly Regulation and Fair Trade Act (limited to the same person, who is a natural person, and his or her relatives):
| 1. | Where the head of the competent authority sends a corporate restructuring plan received to the Ministry of Justice without delay and undergoes consultation under Article 10(3) for purposes of applying Articles 15 through 19; |
| 2. | Where the head of the competent authority sends a corporate restructuring plan received to the Fair Trade Commission without delay and undergoes consultation under Article 10(3) for purposes of applying Articles 21 through 24. |
[This Article Wholly Amended on Jan. 16, 2024]
[The amended provisions of subparagraph 1 of Article 26-2 of the Act (No. 20032, Jan. 16, 2024) shall remain effective until July 16, 2027 pursuant to Article 2(1) of the Addenda to that Act.]
SECTION 3 Tax Support and Funding
The State and local governments may provide tax support to approved companies as prescribed by tax-related statutes.
| (1) | The State and local governments may provide funding, such as subsidies, loans, or contributions, necessary for corporate restructuring of approved companies. |
| (2) | The State and local governments may provide funding for corporate restructuring of approved companies in any of the following cases: |
| 1. | Cases prescribed by Presidential Decree in relation to capital investment, such as investment in process improvement and facility renovation, to improve productivity of an approved company; |
| 2. | Cases prescribed by Presidential Decree in relation to the building, relocation, enlargement, etc., of a factory following corporate restructuring of an approved company; |
| 3. | Cases prescribed by Presidential Decree in relation to management innovation activities for the launch of a new product or service of an approved company; |
| 4. | Other cases prescribed by Presidential Decree, which correspond to subparagraphs 1 through 3. |
| (3) | Paragraphs (1) and (2) shall not apply where an approved company belongs to a conglomerate restricted from cross-shareholding as at the time it submits a corporate restructuring plan under Article 9 or an amended corporate restructuring plan under Article 12, to the head of the competent authority. |
| (4) | Detailed matters concerning standards and procedures for, scale, etc., of funding referred to in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
| Article 29 (Support for research and development activities) |
| (1) | The State and local governments may fully and partially subsidize expenses incurred in research and development necessary for corporate innovation of an approved company in subparagraph 2b of Article 2. |
| (2) | Detailed matters concerning standards and procedures for, scale, etc., of subsidies referred to in paragraph (1), shall be prescribed by Presidential Decree. |
| Article 30 (Support for business renovation of small and medium-sized businesses and middle-standing businesses) |
Where an approved company is a small or medium-sized business or middle-standing business, the State and a local government may help said company enter domestic and foreign markets, provide information and training of professionals, and give managerial, technical, and accounting advice necessary for corporate restructuring.
| Article 31 (Support for development of aptitude and employment stability) |
| (1) | Each approved company shall endeavor to prevent unemployment following corporate restructuring and develop the aptitude of employed workers, as prescribed by relevant statutes or regulations, such as the Framework Act on Employment Policy, and the National Lifelong Vocational Skills Development Act. <Amended on Aug. 17, 2021> |
| (2) | The Government may prepare a support plan, including the following programs, for employment adjustment of an approved company which implements corporate restructuring, the employment stability and the development of aptitude of employed workers, and the like: <Amended on Aug. 17, 2021> |
| 1. | Education for reemployment and education of workers on new jobs provided by work skill development and training facilities under subparagraph 3 of Article 2 of the the National Lifelong Vocational Skills Development Act, and institutions that support companies; |
| 2. | Support for employment adjustment referred to in Article 21 of the Employment Insurance Act and support for the development of work skills prescribed in Article 29 of that Act; |
| 3. | Support for changing occupation to promote the stabilization of the livelihood of people who change their occupation during corporate restructuring, and promote their reemployment and business startups. |
| (3) | Matters necessary for the details of support, companies eligible for support, procedures for support referred to in paragraph (2), and the like shall be prescribed by Presidential Decree. |
| Article 31-2 (Exceptions to restrictions on disposal of land for industrial use) |
| (1) | Article 39(1) of the Industrial Cluster Development and Factory Establishment Act shall not apply where an approved company disposes of land for industrial use or a factory, buildings, and other facilities (hereafter in this Article referred to as "land for industrial use or other property") in order to implement a corporate restructuring plan. |
| (2) | Where an approved company disposes of land for industrial use or other property, it shall use at least the amount of gains on transfer, as specified by Presidential Decree, out of the sale price, for any of the following purposes: |
| 1. | Purchase of a building site for corporate restructuring; |
| 2. | Construction or extension of a factory for corporate restructuring; |
| 3. | Purchase of tangible and intangible assets, including plant and equipment or intellectual property rights, etc. for corporate restructuring; |
| 4. | Purchase of research facilities, equipment and materials directly related to technology development for corporate restructuring; |
| 5. | Other purposes the Review Committee deems necessary for corporate restructuring. |
| (3) | When an approved company intends to dispose of land for industrial use or other property pursuant to paragraph (1), it shall report it to the managing authority in accordance with the procedures provided in Article 39(3) of the Industrial Cluster Development and Factory Establishment Act. In such cases, the approved company shall submit the documents submitted in accordance with the above-mentioned procedures to the head of the competent authority, without delay. |
| (4) | When an approved company disposes of land for industrial use or other property pursuant to paragraph (1), it shall report it to the head of the competent authority within 60 days from the date of registration of the transfer of ownership, as prescribed by Presidential Decree. |
| (5) | Article 39(1) of the Industrial Cluster Development and Factory Establishment Act shall not apply where a person who acquired land for industrial use or other property transferred by an approved company disposes of such land for industrial use or other property. |
[This Article Added on Aug. 12, 2019]
| Article 31-3 (Exceptions to balanced regional development) |
Where a company promoting corporate restructuring of the supply chain or future corporate restructuring, etc. is relocated to a local area pursuant to Article 24 of the Special Act on Local Autonomy and Decentralization, and Balanced Regional Development, the State and local governments may provide administrative and financial support, such as provision of funds.
[This Article Added on Jan. 16, 2024]
CHAPTER V SUPPORT FOR RESOLUTION OF DIFFICULTIES DUE TO RESTRICTIONS
| Article 32 (Interpretation and confirmation of application of statutes or regulations) |
| (1) | Any company that intends to file for approval of a corporate restructuring plan, applicant company, and approved company may request the head of the competent authority to verify the interpretation and application of statutes or regulations, local ordinances, administrative rules, etc. (hereinafter referred to as "statutes or regulations, etc."), all of which apply to the relevant corporate restructuring and relevant business activities as prescribed by Presidential Decree. |
| (2) | Upon receipt of a request to provide verification pursuant to paragraph (1), the head of the competent authority shall process the requests for verification in accordance with the following: |
| 1. | Where a request for verification falls under statutes or regulations, etc., under the jurisdiction of the competent authority: The head of the competent authority shall notify the relevant company that has made such request, of the interpretation and application of statutes or regulations, etc., within a period prescribed by Presidential Decree not exceeding 60 days; |
| 2. | Where a request for verification falls under statutes or regulations, etc., under the jurisdiction of a relevant agency other than the competent authority: The head of the competent authority shall immediately notify the head of the relevant agency of a request for verification; and upon receipt of such request, the head of the relevant agency shall notify the head of the competent authority of the interpretation and application of statutes or regulations, etc., and within a period prescribed by Presidential Decree not exceeding 60 days from the date on which he or she receives verification. In such cases, the head of the competent authority shall immediately notify the relevant company of such result; |
| 3. | Statutes or regulation, etc., concerning a request for verification are under the jurisdiction of at least two competent authorities: The head of the competent authority requested to provide verification shall follow procedures referred to in subparagraph 1 or 2 after consulting with the head of another competent authority. |
| Article 33 (Request to improve administrative regulations by means of proposals made by companies) |
| (1) | Any applicant company and approved company may request the head of the competent authority to improve administrative regulations (referring to administrative regulations referred to in Article 2(1)1 of the Framework Act on Administrative Regulations; hereinafter the same shall apply) on the relevant field of business, as prescribed by Presidential Decree. In such cases, any applicant company and approved company shall submit materials necessary to improve administrative regulations and matters concerning a plan, etc., to counteract adverse effects that may occur as at the time administrative regulations are improved, by means prescribed by Presidential Decree. |
| (2) | Upon receipt of a request to improve administrative regulations referred to in paragraph (1), the head of the competent authority shall process such requests by applying the subparagraphs of Article 32(2) mutatis mutandis thereto. In such cases, "interpretation and application of statutes or regulations, etc., referred to in Article 32(2)1 and 2 shall be construed as "whether it is possible to improve administrative regulations", respectively. |
| (3) | Where an institution entrusted with the management of implementation pursuant to Article 36(1)2-2 discovers administrative regulations that impede the corporate restructuring of an approved company in the course of conducting an investigation under Article 11(8), it may request that such administrative regulations be improved under paragraph (1) on behalf of the approved company. <Added on Jan. 16, 2024> |
[Title Amended on Jan. 16, 2024]
| Article 34 (Measures for improvement of administrative regulations) |
The head of the competent authority who has determined to allow the improvement of administrative regulations under Article 33, the heads of relevant agencies, and the heads of local governments, shall officially announce details concerning the improvement of administrative regulations to be implemented, and shall establish measures necessary to improve the relevant administrative regulations in accordance with procedures prescribed by Presidential Decree.
| Article 35 (Filing objections) |
Any company that has an objection to a result notified under Articles 32(2) and 33(2), may file an objection with the head of the competent authority.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 36 (Entrustment of affairs) |
| (1) | The Minister of Trade, Industry, and Resources may entrust any of the following affairs under this Act to a dedicated institution, corporation, or organization, as prescribed by Presidential Decree: <Amended on Aug. 12, 2019; Jan. 16, 2024; Oct. 1, 2025> |
| 1. | Fact-finding surveys and the collection and analysis of statistical data referred to in Article 8; |
| 1-2. | Identifying and supporting companies with demand for corporate restructuring under Article 8-2; |
| 2. | Affairs concerning applications for approval and approval for amendment to corporate restructuring plans referred to in Articles 9 and 12; |
| 2-2. | Affairs concerning the supervision, etc. of implementation of corporate restructuring plans under Article 11; |
| 3. | Affairs concerning funding to approved companies referred to in Article 28; |
| 4. | Affairs concerning support for research and development activities to approved companies referred to in Article 29; |
| 5. | Affairs concerning support for corporate innovation of approved companies referred to in Article 30; |
| 6. | Affairs concerning support for employment stability of approved companies and the development of the aptitude of workers referred to in Article 31. |
| (2) | The Minister of Trade, Industry, and Resources may provide necessary administrative and financial support so that a dedicated institution, corporation, or organization entrusted with affairs pursuant to paragraph (1), may efficiently conduct the relevant affairs. <Amended on Oct. 1, 2025> |
| Article 36-2 (Comprehensive corporate restructuring support center) |
| (1) | The Minister of Trade, Industry and Resources may establish and operate a comprehensive corporate restructuring support center (hereinafter referred to as "comprehensive support center") in order to smoothly perform the affairs entrusted under Article 36(1). <Amended on Oct. 1, 2025> |
| (2) | A comprehensive support center may establish, designate, and operate an on-site support center for each major region, if necessary for the execution of its projects. |
| (3) | Where a comprehensive support center establishes an on-site support center under paragraph (2), it shall endeavor to fully consult with a metropolitan local government in the relevant region. |
| (4) | Matters necessary for the establishment, operation, supervision, etc. of a comprehensive support center and on-site support centers shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 16, 2024]
| Article 36-3 (Specialized support institutions for corporate restructuring) |
| (1) | In order to promote specialized support for corporate restructuring, the Minister of Trade, Industry and Resources may select an institution which has expertise in finance, law, accounting, etc. and performs affairs related to corporate restructuring as a specialized support institution for corporate restructuring, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
| (2) | Where necessary to smoothly perform support affairs, a specialized support institution for corporate restructuring under paragraph (1) may request the Minister of Trade, Industry and Resources to provide administrative and financial support, such as improvement of regulations, provision of data, allocation of budget, etc. <Amended on Oct. 1, 2025> |
| (3) | The Minister of Trade, Industry and Resources may request a specialized support agency for corporate restructuring under paragraph (1) to provide data on affairs related to corporate restructuring support, such as details of support. <Amended on Oct. 1, 2025> |
| (4) | Matters necessary for the effective period of selection of a specialized support institution for corporate restructuring, the revocation of selection, management, etc. thereof shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 16, 2024]
| Article 37 (Confidentiality) |
None of the following persons shall divulge confidential information he or she has learned in the course of his or her duties, to any third persons or use such confidential information for other than an official purpose; provided, the foregoing shall not apply where otherwise expressly provided in other statutes: <Amended on Jan. 16, 2024>
| 1. | Members of the Review Committee and those of the Determination Committee; |
| 2. | Public officials of the competent authority and relevant agencies; |
| 3. | Those entrusted with affairs pursuant to Article 36. |
| 4. | Specialized human resources assigned to a comprehensive corporate restructuring support center and on-site support centers under Article 36-2. |
| Article 37-2 (Legal fiction as public officials in application of penalty provisions) |
Members who are not public officials, among members of the Review Committee and the Deliberation Committee, shall be deemed public officials for the purpose of applying Articles 129 through 132 of the Criminal Act.
[This Article Added on Aug. 12, 2019]
| Article 38 (Administrative fines) |
| (1) | Where a company obtains approval of a corporate restructuring plan by fraud or other improper means, it shall be subject to an administrative fine not exceeding 30 million won. |
| (2) | Where an approved company fails to implement corporate restructuring within the period prescribed in its corporate restructuring plan without justifiable grounds, it shall be subject to an administrative fine not exceeding 20 million won. |
| (3) | Where an approved company fails to fulfill an obligation to report as required in Article 11(1), to submit data pursuant to paragraph (2) of that Article, or to comply with a request to correct pursuant to paragraph (3) of that Article, it shall be subject to an administrative fine not exceeding 10 million won. |
| (4) | Where a person referred to in Article 37 violates the duty of confidentiality, he or she shall be subject to an administrative fine not exceeding 10 million won. |
| (5) | Administrative fines referred to in paragraphs (1) through (4) shall be imposed by the Minister of Trade, Industry, and Resources, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
| Article 39 (Penalty surcharges) |
| (1) | Where approval is revoked because an approved company falls under Article 13(1)2, the head of the competent authority shall impose a penalty surcharge equivalent to three times the amount of monetary support prescribed by Presidential Decree, out of the amounts of monetary support the relevant company received under the provisions of Articles 27 through 30 in accordance with the corporate restructuring plan. <Amended on Aug. 12, 2019> |
| (2) | If an approved company to whom Article 31-2 shall apply has the approval revoked under Article 13 or uses gains on transfer in violation of Article 31-2(2), the head of the competent authority may impose a penalty surcharge to the extent of not exceeding the amount specified by Presidential Decree. <Added on Aug. 12, 2019> |
| (3) | The head of the competent authority shall consider the following factors in imposing a penalty surcharge under paragraphs (1) and (2): <Added on Aug. 12, 2019> |
| 1. | Details and the severity of the violation; |
| 2. | The level of efforts to implement the corporate restructuring plan; |
| 3. | The amount of gains acquired from the violation. |
| (4) | Other matters necessary for imposing and collecting penalty surcharges shall be prescribed by Presidential Decree. <Added on Aug. 12, 2019> |
ADDENDUM <Act No. 14030, Apr. 12, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <Jan. 16, 2024>
Article 3 Deleted. <Jan. 16, 2024>
Article 4 Deleted. <Jan. 16, 2024>
ADDENDA <Act No. 14075, Mar. 18, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
Article 6 Omitted.
Article 7 Omitted.
ADDENDUM <Act No. 14664, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation; provided, the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. |
Articles 2 through 38 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDA <Act No. 16435, Aug. 12, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on August 13, 2019; provided, the amended provisions of subparagraphs 7 and 8 of Article 2 and Articles 4(1)2 and 3, 6(12), 9(2)10, 10(4)3, 12(2), 26-2, 31-2, and 39(2) and (4) shall enter into force three months after the date of the promulgation.
Article 2 (Applicability to restrictions on consecutive appointment of members of Review Committee)
The current members of the Review Committee who was consecutively appointed for another term before this Act enters into force shall not be appointed for a consecutive term again after the term of each of them expires.
ADDENDA <Act No. 17799, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
Article 25 Omitted.
Article 26 Omitted.
ADDENDA <Act No. 18293, Jul. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 18425, Aug. 17, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Act No. 19288, Mar. 28, 2023>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 19430, Jun. 9, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
Article 21 Omitted.
Article 22 Omitted.
ADDENDA <Act No. 20032, Jan. 16, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Effective period)
| (1) | The amended provisions of subparagraph 1 of Article 26-2 shall remain effective until three years after this Act enters into force. |
| (2) | Matters determined to be included in the support to an approved enterprise before the expiry of the validity period under paragraph (1) may be applicable even after the expiry thereof. |
Article 3 (Transitional measures concerning composition of corporate restructuring plan Review Committee)
Notwithstanding Article 6(4), the Review Committee organized pursuant to the amended provisions of Article 6(5) shall be deemed to have been duly organized; provided, where a member is commissioned after this Act enters into force (excluding cases of reappointment), the standards under Article 6(4) shall be satisfied.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation; provided, the amendments to the statutes to be amended pursuant to Article 7 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute and the following amendments shall enter into force on the date specified in the respective subparagraph:
| 1. | The following amendments shall enter into force on January 2, 2026; provided, the amended provisions of the statutes to be amended under Article 7 of the Addenda (limited to the parts pertaining to the amended provisions of items a and b), which were promulgated before the enforcement date specified in the main clause but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the respective statute: |
| a. | The amended provisions of Articles 19(4), 23, 29(1)1 and 30; |
| b. | The amended provisions of Articles 12(2), 19(3), 22 and the proviso of Article 29(2) (limited to the part concerning the Minister of Economy and Finance and the Ministry of Economy and Finance); |
| c. | The statutes to be amended under Article 7 of the Addenda (limited to parts pertaining to the amended provisions of items a and b); |
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDA <Act No. 21134, Nov. 11, 2025>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.