Act On Special Cases Concerning The Simplification Of Authorization And Permission Procedures For Industrial Complexes


Published: 2011-08-04

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purposes of this Act is to contribute to developing the national economy and enhancing national competitiveness by providing for matters necessary for the simplification of the procedures for development of industrial complexes, which are stipulated by the Industrial Sites and Development Act, for the timely supply of industrial complexes necessary for production activities of enterprises.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "development support center for industrial complex " means a supporting organization established in the Ministry of Land, Transport and Maritime Affairs or the Special Metropolitan City or each Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") in order to efficiently carry out affairs concerning the designation and development of industrial complexes, such as the examination on feasibility of sites and the consultation with competent agencies;
2. The term "committee for deliberation on industrial complex planning" means a deliberative organization established in the Ministry of Land, Transport and Maritime Affairs or each City/Do for the comprehensive deliberation on the designation and development of industrial complexes and the areas related thereto, and the committee for deliberation on industrial complex planning established in the Ministry of Land, Transport and Maritime Affairs shall be called the "central committee for deliberation on industrial complex planning", while the committee for deliberation on industrial complex planning established in each City/Do shall be called the "regional committee for deliberation on industrial complex planning."
3. The term "industrial complex plans" refers to plans for the development of a national industrial complex, by each of which a plan for the development of an industrial complex under Article 6 of the Industrial Sites and Development Act and an implementation plan for the development of a national industrial complex under Article 17 of the aforesaid Act are integrated, plans for the development of an ordinary industrial complex, by each of which a plan for the development of an industrial complex under Article 7 of the aforesaid Act and an implementation plan for the development of an ordinary industrial complex under Article 18 of the aforesaid Act are integrated, plans for the development of an urban high-tech industrial complex, by each of which a plan for the development of an industrial complex under Article 7-2 of the aforesaid Act and an implementation plan for the development of an urban high-tech industrial complex under Article 18 of the aforesaid Act are integrated, and plans for the development of an agro-industrial complex, by each of which approval of the designation of an agro-industrial complex under Article 8 of the aforesaid Act and an implementation plan for the development of an agro-industrial complex under Article 19 of the aforesaid Act are integrated;
4. The term "private company or similar" means any person, other than the State or a local government, who is qualified to file an application for the designation of an industrial complex pursuant to the Industrial Sites and Development Act.
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 Article 3 (Scope of Application)   print
This Act shall apply to any industrial complex defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act (including a project to develop a special area pursuant to Article 39 of the same Act; hereinafter referred to as "industrial complex"): Provided, That the foregoing shall not apply to any industrial complex equal to or exceeding the scale prescribed by Presidential Decree.<Amended by Act No. 11020, Aug. 4, 2011>
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 Article 4 (Relationship to other Acts)   print
(1) This Act takes precedence over other Acts in application to special exceptions to regulations on the designation and development of industrial complexes: Provided, That if any other Act has more lenient provisions than special exceptions to regulations prescribed in this Act, such other Act shall apply.
(2) Except as otherwise prescribed in this Act, the Industrial Sites and Development Act shall apply to the designation and development of industrial complexes.
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 Article 5 (Development Support Centers for Industrial Complex)   print
(1) The Minister of Land, Transport and Maritime Affairs shall establish a development support center for industrial complex in the Ministry of Land, Transport and Maritime Affairs in order to carry out affairs concerning the designation and development of national industrial complexes under the Industrial Sites and Development Act (hereinafter referred to as "national industrial complexes"), and the Special Metropolitan City Mayor and each Metropolitan City Mayor, Do Governor, or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall establish a development support center for industrial complex (hereinafter referred to as "support center") in his/her City/Do in order to carry out affairs concerning the designation and development of general industrial complexes, urban high-tech industrial complexes, and agro-industrial complexes under the Industrial Sites and Development Act (hereinafter referred to as "general industrial complexes and similar").
(2) The head of a department responsible for all affairs related to the designation and development of industrial complexes in each agency or local government shall serve as the head of each support center, and staffs of each support center shall be comprised of public officials who are in charge of affairs related to the development of industrial complexes in each agency or local government, including urban planning, industrial site location, construction, transportation, and environment.
(3) If necessary for the organization of a support center, the Minister of Land, Transport and Maritime Affairs may request the head of any related central administrative agency to dispatch a staff member under his/her control, while each Mayor/Do Governor may make such request to the head of any agency related to the designation of industrial complexes, such as the head of any neighboring military unit, the head of the competent regional environmental office, the head of the competent regional forest service, and the head of the competent regional construction management administration, and the head of any agency so requested to dispatch a staff member shall designate a staff member in charge and give notice of such designated staff member within the period of three days. In such cases, the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor (hereinafter referred to as "Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor") may consult with the head of the related agency to adjust the duration and method of the dispatch of supporting human resources, taking into consideration the number of cases subject to designation of an industrial complex and other relevant factors.
(4) In receipt of a request by the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor to dispatch a staff member under his/her jurisdiction pursuant to paragraph (3), the head of any agency shall take measures necessary for dispatching such staff member, except in extenuating circumstances.
(5) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor may organize an advisory team comprised of specialists who have abundant knowledge and experience related to the development of industrial complexes, such as the areas of urban planning, industrial site location, construction, and environment, or commission related specialists as expert advisors in order to efficiently perform the affairs related to the designation of industrial complexes.
(6) Each support center shall fulfill functions to: <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
1. Receive letters of intent to invest under Article 7 and conduct preliminary examinations on and inquiries into general feasibility of site location, including surface surveys for cultural heritage and surveys on the current status of farmland and mountainous districts;
2. Receive applications for approval of industrial complex plans under Article 8 and provide assistance in consultations and conciliation with related agencies under Articles 10 through 12;
3. Hold information sessions for residents under Article 9 and take follow-up measures therefor;
4. Examine the designation of areas subject to permission for land sale contracts under Article 117 of the National Land Planning and Utilization Act;
5. Set a direction for environmental impact assessment, etc., including the selection of items and scope of assessment pursuant to the Environmental Impact Assessment Act;
6. Prepare technical review reports under Article 13;
7. Perform other necessary affairs in connection with the designation and development of industrial complexes.
(7) The Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor may provide any staff member of a support center with an incentive, such as an award or promotion, if the staff member has contributed to the designation and development of industrial complexes. In such cases, the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor shall provide an incentive preferentially to staff members dispatched from other agencies.
(8) Necessary matters concerning the organization and operation of support centers shall be prescribed by ordinance of each local government: Provided, That such matters with regard to the support center established in the Ministry of Land, Transport and Maritime Affairs shall be prescribed by Presidential Decree.
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 Article 6 (Committee for Deliberation on Industrial Site Planning)   print
(1) In order to deliberate on the following concerning national industrial sites or general industrial sites, the Ministry of Land, Transport and Maritime Affairs and each City/Do shall establish the central committee for deliberation on industrial complex planning and the regional committee for deliberation on industrial complex planning, respectively:
1. Matters concerning approval of industrial complex plans under Article 15;
2. Matters concerning the conciliation of differences in opinions among related administrative agencies;
3. Other matters deemed necessary by the designating authority (referring to persons who designate industrial complexes pursuant to Article 6, 7, 7-2, or 8 of the Industrial Sites and Development Act; the same shall apply hereinafter) to bring to the committee for deliberation.
(2) The Minister of Land, Transport and Maritime Affairs shall serve as the chairperson of the central committee for deliberation on industrial complex planning, and each Mayor/Do Governor shall serve as the chairperson of each regional committee for deliberation on industrial complex planning, while committee members shall consist of the following persons, and the vice-chairperson shall be appointed by the chairperson, from among persons prescribed in subparagraph 2: <Amended by Act No. 11019, Aug. 4, 2011>
1. Persons appointed by the chairperson, from among public officials under the jurisdiction of each designating authority's agency, who are heads of departments related to industrial complex development projects;
2. Persons commissioned by the chairperson from among specialists in any area related to the development of industrial complexes, such as urban planning, industrial site location, construction, transportation, and the environment, who have knowledge and experience related to the development of industrial complexes;
3. Persons recommended by the chairperson of the competent City/Do urban planning committee, established pursuant to the National Land Planning and Utilization Act in the City/Do to which the competent local government belongs, including one specialist from each area of urban planning, design, and the environment, from among members of the competent City/Do urban planning committee;
4. Persons recommended by the chairperson of the competent committee for traffic impact analysis and deliberation on measures for improvement, established pursuant to the Urban Traffic Improvement Promotion Act in the relevant City/Do, from among members of the committee for traffic impact analysis and deliberation on measures for improvement thereof;
5. Persons recommended by the chairperson of the committee for preliminary examination on impacts of natural disasters, organized and operated by the head of the competent City/Do headquarters for the safety and countermeasures for natural disasters established pursuant to the Countermeasures against Natural Disasters Act, from among members of the committee for preliminary examination on impacts of natural disasters;
6. Persons recommended by the chairperson of the committee that has the power to deliberate on an energy use plan established under the Energy Use Rationalization Act, from among members of the committee;
7. Persons recommended by the chairperson of the committee on national transport systems under the National Transport System Efficiency Act, from among members of the committee on national transport systems;
8. Persons recommended by the chairperson of the committee for the management of mountainous districts, which has the power, pursuant to the Management of Mountainous Districts Act, to deliberate on a plan for the use of a mountainous district within a prearranged area for the relevant industrial site, from among members of the committee for the management of mountainous districts.
(3) The chairperson of the central committee or each regional committee for deliberation on industrial complex planning (hereinafter referred to "deliberative committee") shall request the chairperson of each committee, to which each committee member specified in paragraph (2) 3 through 8 belongs, to recommend committee members, to appoint them as committee members, and the chairperson of each committee shall, upon receiving a request for the recommendation of committee members, recommend committee members within seven days of receipt of such request.
(4) Each deliberative committee shall be comprised of 30 members or less, including a chairperson and a vice-chairperson.
(5) A meeting of each deliberative committee shall have a quorum with the attendance of a majority of incumbent committee members and shall adopt resolutions by an affirmative vote of a majority of members present at the meeting.
(6) Each deliberative committee shall record proceedings of each meeting on tape and prepare meeting minutes.
(7) Matters necessary for the organization and operation of each deliberative committee, such as the minimum quota of committee members from each source specified in each subparagraph of paragraph (2), shall be prescribed by Presidential Decree.
CHAPTER Ⅱ PROCEDURE FOR APPROVAL OF INDUSTRIAL COMPLEX PLANS
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 Article 7 (Letter of Intent to Invest)   print
(1) Any private company or similar may submit to a designating authority a letter of intent to invest, describing the following matters therein, before establishing an industrial complex plan under Article 8:
1. Introduction of investors;
2. Size and duration of the project;
3. Prospective project site;
4. Business methods and main types of business;
5. Data about demand for sites;
6. Plan for raising financial resources.
(2) Each designating authority shall provide a private company or similar that has submitted a letter of intent to invest, through a support center with as much support as possible with regard to matters necessary for the industrial complex development plan, such as furnishing it with materials concerning the following matters:
1. The currently applicable legal regulations in general on the prospective site for the industrial complex;
2. Industrial conditions and the policy on industrial complexes in each area;
3. Environmental conditions (such as ecosystem drawings);
4. The use of land, such as farmland and mountainous districts;
5. Other materials requested by the private company or similar that the support center can supply.
(3) Each designating authority or a person who submitted a letter of intent to invest shall conduct a surface survey for cultural heritage in accordance with Article 91 (1) of the Cultural Heritage Protection Act before it establishes, or files an application for, an industrial complex plan under Article 8.
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 Article 8 (Industrial Complex Plans)   print
(1) Each designating authority shall establish an industrial complex plan that includes the following matters, and it is deemed that a development plan and an implementation plan therefor under the Industrial Sites and Development Act has been established when an industrial complex plan is established:
1. The name of the industrial complex;
2. Purposes of and needs for the designation of the industrial complex;
3. The location and area of the prospective site for the designation;
4. The period for the development of the industrial complex and the method of development;
5. The types of major business to be invited thereto;
6. The address and name of the project implementer;
7. The current status of the use of land in the area in which the project will be carried out;
8. A land use plan and an infrastructure plan;
9. A plan for raising financial resources;
10. A detailed list of land and buildings and other goods or rights to be expropriated or used, if any;
11. An energy use plan;
12. Other matters specified by Presidential Decree.
(2) Any private company or similar that intends to make a request for the designation of an industrial complex shall establish an industrial complex plan that includes the matters specified in the subparagraphs of paragraph (1) and file an application for approval therefor with the designating authority.
(3) An application filed for approval of an industrial complex plan in accordance with paragraph (2) shall be accompanied by the following documents that are necessary for consultations about, and deliberation on, the areas related to approval of the industrial complex plan, such as the environment and traffic: Provided, That each designating authority may set a deadline for the submission of such documents so that the documents can be submitted separately if necessary for processing the designation and development of an industrial complex more efficiently: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
1. Documents related to the relevant Urban/Gun master plan (limited to cases in which the establishment or approval of an industrial complex plan under Article 15 is deemed the approval of a revision to the relevant Urban/Gun master plan);
2. Documents related to the relevant master plan for the reclamation of public waters (limited to cases in which the establishment or approval of an industrial complex plan under Article 15 is deemed the approval of a revision to the relevant master plan for the reclamation of public waters);
3. A draft report on the strategic environmental impact assessment or a draft report on the assessment of environmental impacts under the Environmental Impact Assessment Act and documents related thereto;
4. Documents related to a traffic impact analysis and measures for improvement under the Urban Traffic Improvement Promotion Act (hereinafter referred to as "traffic impact analysis and measures for improvement"), the preliminary examination on impacts of natural disasters under the Countermeasures against Natural Disasters Act (hereinafter referred to as "preliminary examination on impacts of natural disasters");
4-2. Documents related to the measures for the establishment of intermodal transport system under the National Transport System Efficiency Act;
5. Results of the surface surveys for cultural heritage under the Cultural Heritage Protection Act;
6. Documents related to the energy use plan under the Energy Use Rationalization Act;
7. Other necessary documents related to approval of the industrial complex plan.
(4) Necessary matters concerning approval of an industrial complex plan when an application for approval is filed for an industrial complex plan in accordance with paragraph (2) shall be prescribed by Presidential Decree.
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 Article 9 (Hearing Opinions from Residents, etc.)   print
(1) When a designating authority intends to establish an industrial complex plan or receives an application for approval of an industrial complex plan, it shall give public notice thereof in a daily newspaper mainly circulated in the relevant area and its Internet homepage and shall also make it available to the general public for inspection for at least 20 days from the date of public notice. In such cases, upon receiving an application for approval of an industrial complex plan, public notice thereof shall be given within three days (based on working days) from the filing date of application for approval, except in extenuating circumstances.
(2) Each designating authority shall also hear opinions about an assessment report prepared for the strategic environmental impact assessment and the environmental impact analysis conducted pursuant to the Environmental Impact Assessment Act, the traffic impact analysis, the measures for improvement, and the preliminary examination of impacts of natural disasters in addition to hearing opinions pursuant to paragraph (1); Provided, That each designating authority may hear opinions separately for matters it permits to be submitted separately pursuant to the proviso to the part other than the subparagraphs of paragraph (3) of Article 8; <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
(3) Notwithstanding Article 13 and 25 of the Environmental Impact Assessment Act, each designating authority may require a project implementer designated under Article 8 (1) 6 (hereinafter referred to as "project implementer") to hold a joint briefing session or joint public hearing within ten days (based on working days) from the date of public notice under paragraph (1) to explain matters related to the strategic environmental impact assessment, the environmental impact analysis, the traffic impact analysis, the measures for improvement, and the preliminary examination of impacts of natural disasters, etc. In such cases, matters necessary for the method of and procedure for holding joint briefing sessions or joint public hearings shall be prescribed by Presidential Decree. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
(4) Any person who has an opinion about a draft industrial complex plan publicly notified pursuant to paragraph (1) may submit a written opinion to the relevant designating authority or project implementer within the period set for inspection.
(5) If necessary for efficiently hearing the opinions of residents, each designating authority may require the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter) having jurisdiction over the location of the relevant industrial complex to hold hearings in accordance with paragraphs (1) through (4). In such cases, each designating authority shall send to the head of the relevant Si/Gun/Gu a draft industrial complex plan, the strategic environmental impact assessment and environmental impact assessment under the Environmental Impact Assessment Act, the traffic impact analysis, the measures for improvement, and documents related to the preliminary examination of impacts of natural disasters, etc., and upon the completion of a hearing by the head of the relevant Si/Gun/Gu who received such documents, he/she shall submit the written opinion under paragraph (4) and review opinions to the relevant designating authority.<Amended by Act No. 10892, Jul, 21, 2011; Act No. 11019, Aug. 4, 2011>
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 Article 10 (Consultations with Related Agencies)   print
(1) When a designating authority consults with the head of a related administrative agency to establish or approve an industrial complex plan, it shall simultaneously commence the procedure for consultations about related areas as may be necessary for approval of the industrial complex plan: Provided, That a designating authority shall immediately consult about documents that it receives from a private company or similar, separately by the deadline it set for submission pursuant to the proviso to the part other than the subparagraphs of Article 8 (3).
(2) The head of a related administrative agency shall present his/her opinion in response to a request for consultation within ten days (based on working days) from the date of receipt of such request for consultation: Provided, That the period for consultations under the Protection of Military Bases and Installations Act shall be not more than 15 days (based on working days).
(3) If the head of a related administrative agency does not reply within the period under paragraph (2), it is deemed that consultation has been completed without any objection as the contents of the application filed for the relevant industrial complex plan.
(4) The head of any related administrative agency may request the designating authority to supplement related documents only once, and the period during which the designating authority supplements documents shall not be included in the period set for consultations.
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 Article 11 (Joint Conciliation Meeting)   print
(1) Each designating authority may, if any difference arises in opinions between related agencies as a result of consultations with related agencies under Article 10, hold a joint conciliation meeting in which related administrative agencies to reconcile such difference.
(2) A designating authority shall notify heads of related administrative agencies of the date, time, and place of a joint conciliation meeting and items on the agenda by no later than five days before holding such meeting, and the heads of related administrative agencies so notified shall each assign a public official to attend the meeting. In such cases, it is deemed that consultation has been achieved with regard to any agency that does not attend the meeting or does not present its opinion, even though it has been notified of the meeting.
(3) Each designating authority shall allow a project implementer to attend a joint conciliation meeting to present its opinion.
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 Article 12 (Intervention in Consultations with Related Central Administrative Agencies)   print
(1) If intervention is required because consultations with related central administrative agencies fail, even though the procedures under Articles 10 and 11 have been followed, the Minister of Land, Transport and Maritime Affairs request the Prime Minister to intervene in differences in opinions, upon application from the designating authority: Provided, That if the project involved is for a national industrial complex, the Minister of Land, Transport and Maritime Affairs may make a request to intervene in differences without such application.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she requests the Prime Minister to intervene in differences in opinions pursuant to paragraph (1), forward documents related to such differences and other necessary materials, including review opinions, along with his/her written request.
(3) A project implementer may submit his/her written opinion, in cases where the Prime Minister intervenes in differences in opinions between related central administrative agencies pursuant to paragraph (1).
(4) The Prime Minister‘s Office may establish an organization responsible for intervention in differences in opinions under paragraph (1).
(5) Necessary matters concerning the functions and operation of the organization established within the Prime Minister‘s Office pursuant to paragraph (4) shall be prescribed by Presidential Decree.
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 Article 13 (Preparation of Technical Review Reports)   print
(1) Each designating authority shall, after hearing opinions from residents and completing consultations and conciliation with and between related departments and related administrative agencies, retain competent experts to prepare a technical review report on matters concerning which there are any differences in opinions.
(2) A designating authority may, if necessary for preparing a technical review report, request any related agency to assist it with human resources and materials, and the agency to which such assistance is requested shall comply with the request, unless there is any exceptional circumstance to the contrary.
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 Article 14 (Deliberation by Deliberative Committee)   print
(1) In order to establish or approve an industrial complex plan under Article 8, the Minister of Land, Transport and Maritime Affairs shall bring the plan to the central committee for deliberation on industrial complex planning, for deliberation, while each Mayor/Do Governor or the head of Si/Gun/Gu shall bring the plan to the regional committee for deliberation on industrial complex planning for deliberation.
(2) Any project implementer may submit its written final opinion to the deliberative committee, and the deliberative committee shall examine and deliberate comprehensively on the industrial complex plan, the project implementer‘s written final opinion, the competent experts' technical review report under Article 13, and other relevant materials to determine whether to grant approval.
(3) Where a case has been deliberated upon by the deliberative committee, deliberation by the following deliberative council and committees is deemed complete: <Amended by Act No. 11019, Aug. 4, 2011>
1. The deliberative council one policy on industrial sites under the Industrial Sites and Development Act;
2. The urban planning committee under the National Land Planning and Utilization Act;
3. The deliberative committee for traffic impact analysis and measures for improvement under the Urban Traffic Improvement Promotion Act;
3-2. The committee for preliminary examination on impacts of natural disasters under the Countermeasures against Natural Disasters Act;
4. The committee that has the power to deliberate on an energy use plan under the Energy Use Rationalization Act;
5. The National Transport Committee under the National Transport System Efficiency Act;
6. The committee for the management of mountainous districts under the Management of Mountainous Districts Act.
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 Article 15 (Public Notice of Approval of Industrial Complex Plans)   print
(1) Each designating authority shall establish or approve an industrial complex plan, subject to prior deliberation by the deliberative committee, and give public notice of the results therefrom through the Official Gazette or the official bulletin. In such cases, it may attach necessary conditions thereto.
(2) The public notice of approval of an industrial complex plan under paragraph (1) is deemed public notice of the designation of an industrial complex under Article 7-4 or 8 of the Industrial Sites and Development Act and public notice of approval of an implementation plan therefor under Article 19-2 of the aforesaid Act.
(3) Articles 8 through 17 and 20 through 27 shall apply mutatis mutandis to any revision to an industrial complex plan: Provided, That deliberation by the deliberative committee under Article 14 is not required for any modification to any minor matters prescribed by Presidential Decree.
(4) Articles 21 through 27 (Articles 21, 22, and 25 through 27 shall be limited to cases where a consultation with the head of a related agency or deliberation by the deliberative committee under Article 14 (3) is complete), and Article 28 (2) through (4) shall apply mutatis mutandis to any modification to an industrial complex plan pursuant to the Industrial Sites and Development Act, upon the request of a private company, etc.<Newly Inserted by Act No. 11019, Aug. 4, 2011>
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 Article 16 (Limitations on Period for Approval of Industrial Complex Plans)   print
(1) When any designating authority receives an application from a private company or similar for the designation of an industrial complex pursuant to Article 8 (2), it shall determine whether it grants approval and notify the applicant of its determination within six months of receipt of the application for approval of the industrial complex plan: Provided, That the foregoing shall not apply where any justifiable reason prescribed by Presidential Decree exists.
(2) When a designating authority requests consultations about the strategic environmental impact assessment and the environmental impact assessment pursuant to the Environmental Impact Assessment Act, it shall request such consultations within than four months from the filing date of the application for approval of an industrial complex plan.<Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
(3) Heads of related administrative agencies shall observe the deadline for consultations and provide full cooperation so that the period set for approval under paragraph (1) can be complied with.
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 Article 17 (Application to Agro-Industrial Complexes)   print
(1) This Article shall apply to the designation and development of an agro-industrial complex defined in subparagraph 8 (d) of Article 2 of the Industrial Sites and Development Act (hereinafter referred to as "agro-industrial complex"). <Amended by Act No. 11020, Aug. 4, 2011>
(2) Upon receiving a letter of intent to invest pursuant to Article 7 (1), the head of a Si/Gun/Gu may request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent to invest is located, to examine the feasibility of the industrial complex development project.
(3) The support center which the head of Si/Gun/Gu requested to examine the feasibility pursuant to paragraph (2) shall examine it and forward the results of its examination to the head of Si/Gun/Gu.
(4) The head of Si/Gun/Gu may, if necessary for consultations with related agencies, request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent to invest is located, to provide him/her with assistance in consulting with experts and conciliation of differences in opinions between related agencies.
(5) Notwithstanding Article 13 (1), the head of Si/Gun/Gu may request the support center in the City/Do, in which the prospective site for the industrial complex under the letter of intent to invest is located, to prepare competent experts‘ technical review report under the aforesaid paragraph, and in such cases the support center shall prepare and forward the technical review report to the head of Si/Gun/Gu within ten days.
(6) In order to establish or approve an industrial complex plan under Article 8 pursuant to Article 14 (1), the head of Si/Gun/Gu shall table the plan at the regional committee for deliberation on industrial complex planning, which is established in the City/Do in which the prospective site for the industrial complex under the letter of intent to invest is located, and in cases where the plan is deliberated upon by the regional committee for deliberation on industrial complex planning, the plan is deemed to have been approved by the Mayor/Do Governor pursuant to Article 8 (2) of the Industrial Sites and Development Act.
(7) Paragraphs (2) through (6) shall apply to cases where the head of Si/Gun/Gu designates and develops a general industrial complex pursuant to Article 7 or 7-2 of the Industrial Sites and Development Act.
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 Article 18 (Management of Information Related to Industrial Complex Plans)   print
(1) Each designating authority shall, upon receiving an application for approval of an industrial complex plan pursuant to Article 8 (2), promptly enter the details thereof in the industrial complex information network under Article 5-3 of the Industrial Sites and Development Act (hereinafter referred to as "industrial complex information network") and shall also enter the current process of matters related to approval of the industrial complex plan and the results thereof on a real-time basis.
(2) Any agency to whom consultation, assessment, or examination has been requested in connection with an industrial complex plan shall enter the details of such request, the current process of the request, and the results thereof in the industrial complex information network.
(3) The Prime Minister or the Minister of Land, Transport and Maritime Affairs may, if he/she discovers from the details entered in the industrial complex information network that the procedure for the designation and development of an industrial complex is being delayed, request the competent designating authority to submit the current status of the development project and the reasons for such delay in detail, and may hold a meeting of related administrative agencies, if necessary.
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 Article 19 (Guidelines for Integration of Industrial Complex Plans)   print
(1) The Minister of National Defense, the Minister of Public Administration and Security, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, the Administrator of the National Emergency Management Agency, the Administrator of the Cultural Heritage Administration, and the Minister of the Korea Forest Service shall establish guidelines for industrial complex planning applicable to the establishment of and approval of industrial complex plans, and submit them to the Minister of Land, Transport and Maritime Affairs.
(2) The Minister of Land, Transport and Maritime Affairs shall integrate the guidelines that he/she him/herself has established for industrial complex planning and the guidelines submitted pursuant to paragraph (1) for industrial complex planning and give public notice thereof, subject to prior consultations with Mayors/Do Governors and heads of related administrative agencies, and may request the Prime Minister to intervene, if any difference in opinions arises in the course of such consultations.
(3) The Minister of Land, Transport and Maritime Affairs and heads of related administrative agencies shall not include any regulation, stricter than the guidelines prescribed by relevant Acts and subordinate statutes, in the guidelines for industrial complex planning, when they establish the guidelines for industrial complex planning pursuant to paragraphs (1) and (2).
(4) The integrated guidelines for industrial complex planning publicly notified pursuant to paragraph (2), shall take precedence over other guidelines for industrial complex planning, and no head of any related administrative agency shall present any opinion unfavorable to a project implementer on any ground not explicitly prescribed in the integrated guidelines for industrial complex planning, when he/she responds to a request for consultation under Article 10.
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 Article 20 (Access to, and Use of Land)   print
(1) Any designating authority or any person who has submitted a letter of intent to invest may, when he/she intends to conduct research or land survey in order to prepare an industrial complex plan, enter other persons‘ land or use other persons' land temporarily as a store for materials, a path, or a temporary passage and may also alter or remove bamboo, trees, soil, rocks, and other obstacles therein.
(2) Any person who intends to enter another persons‘ land pursuant to paragraph (1) shall obtain permission from the designating authority in advance.
(3) Article 130 (2) through (9) and Article 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to access to others‘ land under paragraph (1).
CHAPTER Ⅲ SPECIAL EXCEPTIONS FOR SHORTENING PERIOD FOR DEVELOPMENT OF INDUSTRIAL COMPLEXES
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 Article 21 (Special Exception to Application of the National Land Planning and Utilization Act)   print
Where an industrial complex plan has been established or approved pursuant to Article 15, the relevant Urban/Gun master plan shall be deemed established or revised pursuant to Article 18, 22, or 22-2 of the National Land Planning and Utilization Act: Provided, That the foregoing shall apply only to approval of an industrial complex plan, the area of the prospective site for which (referring to the cumulative area of the relevant industrial complex combined with the area of the prospective site for an industrial complex to be designated in cases of an industrial complex plan deemed as an Urban/Gunmaster plan established or revised as prescribed in the main sentence of this Article) does not exceed 30/100 of the total area of the prospective site for urbanization under the Urban/Gunmaster plan for a Si/Gun in which the prospective site for the industrial complex is located.<Amended by Act No. 10599, Apr. 14, 2011; Act No. 11019, Aug. 4, 2011>
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 Article 22 (Special Exceptions to Application of the Public Waters Management and Reclamation Act)   print
(1) Where an industrial complex plan has been established or approved pursuant to Article 15, the relevant master plan for the reclamation of public waters shall be deemed established or revised pursuant to Article 22 or 27 of the Public Waters Management and Reclamation Act. <Amended by Act No. 10272, Apr. 15, 2010>
(2) Any designating authority that intends to establish or approve an industrial complex plan that includes a provision that establishes or revises the relevant master plan for the reclamation of public waters pursuant to paragraph (1) shall consult with the Minister of Land, Transport and Maritime Affairs about the plan. In such cases, the Minister of Land, Transport and Maritime Affairs shall complete the consultation within 20 days (based on working days).
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 Article 23 (Special Exceptions to Application of the Environmental Impact Assessment Act, etc.)   print
(1) Notwithstanding the Environmental Impact Assessment Act, a designating authority or project implementer shall conduct an examination on or assessment of environmental impacts of the development of an industrial complex in accordance with the following classifications: <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
1. If the area of the prospective site for an industrial complex is less than 150,000 square meters: The strategic environmental impact assessment under the Environmental Impact Assessment Act;
2. If the area of the prospective site for an industrial complex is 150,000 square meters or larger: The environmental impact assessment under the Environmental Impact Assessment Act.
(2) Notwithstanding Article 18 (1) of the Environmental Impact Assessment Act, the head of any administrative agency, in receipt of a request for consultation on the strategic environmental impact assessment with regard to an industrial complex development project, shall notify the relevant designating authority of his/her opinion about the strategic environmental impact assessment within 30 days of receipt of such request for consultation. In such cases, the head of the consulting agency may request the designating authority or project implementer to supplement related documents only once if any reason prescribed by Presidential Decree exists, but the period during which the designating authority or project implementer supplements related documents shall not be included in the period set for consultation. <Amended by Act No. 10892, Jul. 21, 2011>
(3) Notwithstanding Article 29 of the Environmental Impact Assessment Act, the head of any administrative agency, in receipt of a request for consultation about an assessment report on an industrial complex development project, shall notify the relevant designating authority of his/her opinion about the assessment within 45 days of receipt of the assessment report. In such cases, the head of the consulting agency may request the designating authority or project implementer to supplement related documents only once if any reason prescribed by Presidential Decree exists, but the period during which the designating authority or project implementer supplements related documents shall not be included in the period set for consultation. <Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
(4) Any designating authority that conducts the strategic environmental impact assessment and the environmental impact assessment under the Environmental Impact Assessment Actmay survey environmental impacts of the project at issue based on the results of a review conducted by the competent support center pursuant to Article 5 (6) 5, subject to consultation with heads of consulting agencies.<Amended by Act No. 10892, Jul. 21, 2011; Act No. 11019, Aug. 4, 2011>
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 Article 24 (Special Exceptions to Application of the National Transport System Efficiency Act)   print
Notwithstanding Article 38 (1) of the National Transport System Efficiency Act, the project implementer of an industrial complex development project may establish measures regarding to the intermodal transport system and submit such measures to the head of the relevant administrative agency under Article 4 of the same Act.<Amended by Act No. 11019, Aug. 4, 2011>
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 Article 25 (Special Exceptions to Application of the Management of Mountainous Districts Act)   print
Where an industrial complex plan has been established or approved pursuant to Article 15, the designation of the reserved mountainous district involved therein is deemed changed or cancelled pursuant to Article 6 of the Management of Mountainous Districts Act.
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 Article 26 (Special Exceptions to Application of the Water Supply and Waterworks Installation Act)   print
Where an industrial complex plan has been established or approved pursuant to Article 15, a master plan for waterworks installation and management shall be deemed established or revised pursuant to Article 4 of the Water Supply and Waterworks Installation Act and approved by the Minister of Land, Transport and Maritime Affairs and the Ministry of Environment.
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 Article 27 (Special Exceptions to Application of the Sewerage Act)   print
Where an industrial complex plan has been established or approved pursuant to Article 15, a master plan for the maintenance of sewerage shall be deemed established or revised pursuant to Article 5 or 6 of the Sewerage Act and approved by the Ministry of Environment.
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 Article 28 (Special Exceptions to Application of the Industrial Sites and Development Act)   print
(1) Where a private company or similar requests for designation or development of an industrial complex, or a designating authority independently designates an industrial complex pursuant to Article 11 of the Industrial Sites and Development Act, the same Act shall apply, except as otherwise expressly prescribed in paragraphs (2) through (5).
(2) Where an industrial complex is developed under the Industrial Sites and Development Act, Articles 9 through 13 and Article 15 (1) shall apply to designation of an industrial complex pursuant to Articles 6, 7, 7-2 and 8 of the same Act, or approval of an implementation plan pursuant to Articles 17, 18, 18-2 and 19, seeking the opinions of residents, etc., consultation with the relevant agencies and public announcements.
(3) Where a designating authority designates an industrial complex or approves an implementation plan under the Industrial Sites and Development Act, he/she may undergo deliberation by the deliberative committee prescribed in Article 14, if deemed necessary for efficiently designating and developing the relevant industrial complex.
(4) Where an industrial complex is designated or developed under the Industrial Sites and Development Act, Article 16 shall apply to a period for designation of an industrial complex or for approval of an implementation plan, and Article 17 (4) through (6) shall apply to assistance related to the designation or development of an agro-industrial complex or a general industrial complex designated or developed by the head of a Si/Gun/Gu in accordance with Articles 7 and 7-2 of the Industrial Sites and Development Act, and legal fiction of approval by the competent Mayor/Do Governor.
(5) Articles 21 through 27 (Articles 21, 22, and 25 through 27 shall be limited to cases where a consultation with the head of the related agency or deliberation by the deliberative committee under paragraph (3) of Article 14 is complete) shall be applied mutatis mutandis to establishment of an industrial complex development plan or implementation plan pursuant to the Industrial Sites and Development Act.
(6) Paragraphs (1) through (5) shall applymutatis mutandis to any revision of an industrial complex development plan or implementation plan pursuant to the Industrial Sites and Development Act.
(7) Notwithstanding paragraph (6), an industrial complex development plan or implementation plan established in accordance with the Industrial Sites and Development Act may be revised in accordance with this Act.
(8) Where an industrial complex development plan or implementation plan is revised under paragraph (7), such development plan or implementation plan shall be deemed an industrial complex plan established in accordance with this Act, and Articles 8 through 13, Article 15 (1) and (2), Articles 16, 17, 20 through 27 and Article 28 (3) shall apply mutatis mutandis thereto.
[This Article Newly Inserted by Act No. 11020, Aug. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measure concerning Industrial Complexes Designated and Being Developed pursuant to the Industrial Sites and Development Act)
Articles 6, and 9 through 16 shall apply to industrial complexes designated and being developed pursuant to the Industrial Sites and Development Act as at the time this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11019, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability)
The amended provisions of Article 28 shall also apply to revisions of the development plan or implementation plan of the development project of an industrial complex or special area, the implementation plan of which is approved pursuant to the Industrial Sites and Development Act as at the time the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (Act No. 9106) enters into force.
Article 3 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.