Enforcement Decree Of The Industrial Sites And Development Act


Published: 2010-10-14

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Industrial Sites and Development Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006>
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 Article 2 (Agricultural and Fishing Areas, etc.)   print
(1) For the purposes of subparagraph 5 (d) of Article 2 of the Industrial Sites and Development Act (hereinafter referred to as the "Act"), "agricultural and fishing areas prescribed by Presidential Decree" means agricultural and fishing villages referred to in subparagraph 1 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007>
(2) For the purposes of subparagraph 6 (a), (c) and (d) of Article 2 of the Act, "corporation prescribed by Presidential Decree" means a corporation in which the total of investment rate of persons falling under Article 16 (1) 1 or 2 of the Act is 20/100 or more. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
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 Article 2-2 (Functions of Industrial Location Policy Deliberation Committee)   print
The Industrial Location Policy Deliberation Committee as referred to in Article 3 of the Act (hereinafter referred to as the "Deliberation Committee") shall deliberate on the following matters: <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
1. Matters concerning preparation of guidelines for establishing an industrial location supply plan;
2. Matters concerning establishment and alteration of industrial location development guidelines;
3. Matters concerning designation, alteration and development of national industrial complexes;
4. Matters concerning approvals on designation of general industrial complexes;
5. Matters concerning adjustment of opinions between related agencies for the designation of general industrial complexes and up-to-date city industrial complexes;
6. Deleted; <by Presidential Decree No. 20317, Oct. 4, 2007>
7. Matters concerning assistance for infrastructure facilities of industrial complexes;
8. Deleted; <by Presidential Decree No. 20317, Oct. 4, 2007>
9. Other important matters on industrial location policies.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-3 (Composition of Industrial Location Policy Deliberation Committee)   print
(1) The Deliberation Committee shall be comprised of not more than 20 members, including one chairperson and one vice-chairperson.
(2) The Vice Minister of Land, Transport and Maritime Affairs shall be the chairperson, and the Director General of the Office for Balanced Territorial Development of the Ministry of Land, Transport and Maritime Affairs shall be the vice-chairperson. <Amended by Presidential Decree No. 19451, Apr. 20,2006; Presidential Decree No. 20722, Feb. 29, 2008>
(3) Members shall be comprised of each one designated by the head of an agency to which he/she belongs from among the public officials of Grade III working for the Prime Minister's Office, the Ministry of Strategy and Finance, the Ministry of Public Administration and Security, the Ministry of Culture, Sports and Tourism, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Knowledge Economy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Small and Medium Business Administration and the Korea Forest Service, or the public officials in general service belonging to the Senior Civil Service and persons commissioned by the chairperson from among persons having sufficient professional knowledge and experience with respect to industrial location policies. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 19513, Jun. 12, 2006; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
(4) A secretary shall be assigned to the Deliberation Committee to take care of the affairs thereof and the secretary shall be appointed by the chairperson from among public officials belonging to the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-4 (Duties of Chairperson and Vice-Chairperson)   print
(1) The chairperson shall represent the Deliberation Committee and exercise overall control and supervision over the affairs of the Deliberation Committee.
(2) The vice-chairperson shall assist the chairperson and act as a chairperson on his/her behalf if the chairperson is absent by accident, and a member shall act as a chairperson on his/her behalf in the order as provided for in Article 2-3 (3) if both the chairperson and vice-chairperson are absent by accident.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-5 (Convocation of Meetings and Quorum for Decision-Making)   print
(1) The chairperson shall convene meetings of the Deliberation Committee and preside over them.
(2) If the chairperson wishes to convene a meeting of the Deliberation Committee, he/she shall notify each member of the date and time, place and matters to be deliberated upon by no later than three days before holding the meeting: Provided, That if the same shall not apply in case of emergency.
(3) Meetings of the Deliberation Committee shall open with the attendance of a majority of all the registered members, and decisions shall be made by an affirmative vote of the majority of the members present.
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-6 (Working Committee for Industrial Complexes Exclusively for Renting-Out)   print
(1) A working committee for industrial complexes exclusively for renting-out lease only (hereinafter referred to as the "working committee") shall be established in the Deliberation Committee to deliberate on matters referred to in the following subparagraphs concerning industrial complexes exclusively for renting-out under Article 46-6 of the Act:
1. Matters concerning investigation of demand and plans for supplying industrial complexes exclusively for renting-out;
2. Matters concerning formulation and change of guidelines relating to industrial complexes exclusively for renting-out;
3. Matters concerning designation, change and development of industrial complexes exclusively for renting-out;
4. Matters concerning adjustment of opinions of related agencies for designation of industrial complexes exclusively for renting-out;
5. Matters concerning support to industrial complexes exclusively for renting-out;
6. Other matters concerning major policies in connection with industrial complexes exclusively for renting-out.
(2) Persons appointed by the head of each competent agency from among public officials belonging to the Senior Civil Service of the Ministry of Land, Transport and Maritime Affairs and the Ministry of Knowledge Economy shall jointly chair the working committee and persons referred to in the following subparagraphs shall be its members:
1. Each one person appointed by the head of each competent agency from among public officials of Grade IV belonging to the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Environment and the Korea Forest Service;
2. Persons commissioned by the Minister of Land, Transport and Maritime Affairs from among persons who have much knowledge and experience in the field relating to industrial location policies.
(3) In order to conduct affairs of the working committee, two administrative secretaries shall be assigned to the working committee and the joint chairperson shall appoint each one administrative secretary from among public officials belonging to the Ministry of Land, Transport and Maritime Affairs and the Ministry of Knowledge Economy.
(4) Articles 2-4, 2-5, 2-7 and 2-8 shall apply mutatis mutandis to the operation, etc. of the working committee.
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
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 Article 2-7 (Cooperation of Related Agencies, etc.)   print
Where it is deemed necessary for deliberation, the Deliberation Committee may request related agencies to furnish necessary materials or hear opinions of any public officials of related agencies. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-8 (Detailed Operating Rules)   print
Except as otherwise prescribed by this Decree, matters necessary for the operation of the Deliberation Committee shall be determined by the chairperson through the resolution of the Deliberation Committee. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 2-9 (Utilization of Service by Experts, etc.)   print
If it is deemed necessary for the establishment, alteration or execution of industrial location policies, the Minister of Land, Transport and Maritime Affairs may ask experts, etc. to give advice or refer to them for investigation and research. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 3 (Detailed Guidelines, etc. for Development of Agricultural and Industrial Complexes)   print
(1) The Minister of Land, Transport and Maritime Affairs shall prepare basic guidelines for the designation and development of agricultural and industrial complexes under the proviso to Article 5 (1) of the Act, and the Minister for Food, Agriculture, Forestry and Fisheries shall prepare and publicly announce the detailed guidelines for development of agricultural and industrial complexes after deliberation by the Deliberation Committee to assist the development of industrial and agricultural complexes under Articles 77 through 80 of the Rearrangement of Agricultural and Fishing Villages Act (hereinafter referred to as "detailed guidelines for development of agricultural and industrial complexes"). <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 21887, Dec. 15, 2009>
(2) Detailed guidelines for development of agricultural and industrial complexes referred to in paragraph (1) shall include the following matters:
1. Matters concerning classification of agricultural and fishery areas and differentiated assistance thereto;
2. Matters concerning defrayment of expenses for the development of sites for agricultural and industrial complexes by financing resources and assistance related thereto;
3. Matters concerning survey and design, work supervision, and subsidy for expenses incurred in connection with the development of sites for agricultural and industrial complexes;
4. Matters concerning execution of national subsidies relating to site development expenses for agricultural and industrial complexes and settlement of accounts related thereto;
5. Matters concerning subsidization of expenses for training human resources employed in agricultural and industrial complexes;
6. Matters concerning promotion of the employment of local farmers and fishermen;
7. Matters concerning preferential relocation into agricultural and industrial complexes by enterprises utilizing local natural resources, such as agricultural products.
(3) Where the Minister of Land, Transport and Maritime Affairs or the Minister of Food, Agriculture, Forestry and Fisheries intends to change the contents of detailed guidelines for development of agricultural and industrial complexes, he/she shall seek opinions of the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor"), consult with heads of the relevant central administrative agencies, and refer it to the Deliberation Committee for deliberation: Provided, That the foregoing shall not apply to minor changes under Article 5. <Newly Inserted by Presidential Decree No. 21561, Jun. 25, 2009>
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 Article 4 (Matters to be Included in Industrial Location Development Guidelines)   print
For the purposes of Article 5 (2) 4 of the Act, "other matters prescribed by Presidential Decree" means the following matters: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21445, Apr. 21, 2009>
1. Matters for consideration for balanced development between regions;
2. Matters for consideration for preservation of cultural properties;
3. Matters necessary for stabilization of land prices;
4. Matters concerning determination of parcelling-out prices;
5. Matters necessary for formulation of an industrial complex development plan, such as construction of infrastructure including roads and railroads, green belt preparation ratio, ratio of securing sites for industrial complexes for lease and sites for public housing.
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 Article 5 (Minor Changes in Industrial Location Development Guidelines)   print
For the purposes of the proviso to Article 5 (3) of the Act, "alteration of insignificant matters prescribed by Presidential Decree" means any alteration of matters as referred to in subparagraphs 2 and 3 of Article 4 within the limit not altering the whole system of industrial location development guidelines. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
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 Article 6 (Preparation, etc. of Industrial Location Development Guidelines)   print
(1) If it is deemed necessary for the preparation of industrial location development guidelines, the Minister of Land, Transport and Maritime Affairs may ask the heads of related administrative agencies to furnish materials falling under any subparagraphs of Article 5 (2) of the Act. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20722, Feb. 29, 2008>
(2) The industrial location development guidelines shall be prepared in such a way as to ensure that the industrial locations are properly distributed for the balanced development between regions. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
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 Article 6-2 (Establishment, etc. of Industrial Location Supply Plan)   print
(1) In cases where the Minister of Land, Transport and Maritime Affairs intends to formulate guidelines for the establishment of industrial location supply plans as provided for in Article 5-2 (1) of the Act, he/she shall take into account related plans, such as comprehensive national land plans and Seoul Metropolitan area readjustment plans. <Amended Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
(2) The scheduled period of guidelines for establishment of industrial location supply plans as referred to in Article 5-2 of the Act shall be ten years, subject to modification or supplementation after analyzing the demand trends and results of supply of industrial locations as the need arises. <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(3) For the purposes of Article 5-2 (6) 5 of the Act, "other matters prescribed by Presidential Decree" means the following matters: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 22103, Mar. 26, 2010>
1. A plan for designation of industrial complexes;
2. Matters concerning demand for industrial sites;
3. A industrial complex renovation plan under Article 39-2 (5) of the Act (hereinafter referred to as "renovation plan");
4. Other matters necessary for the efficient supply of industrial locations.
(4) If the Minister of Land, Transport and Maritime Affairs has the results of demand survey on industrial sites which are either directly conducted by himself/herself or sent by the heads of relevant agencies, the Minister shall send them to the Mayors/Do Governors to be reflected in the industrial location supply plans. <Newly Inserted by Presidential Decree No. 21817, Nov. 10, 2009>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 6-3 (Designation of Entrusted Business Operator of Industrial Location Information Networks)   print
(1) For the purposes of Article 5-3 (3) of the Act, "agencies or organizations prescribed by Presidential Decree" means the following agencies or organizations: <Amended by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 16093, Jan. 29, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21744, Sep. 21, 2009>
1. The Korea Chamber of Commerce and Industry under the Chambers of Commerce and Industry Act;
2. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;
3. The Korea Research Institute for Human Settlements established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions;
4. Other agencies or organizations determined by the Minister of Land, Transport and Maritime Affairs in consultation with the Minister of Knowledge Economy.
(2) The Minister of Land, Transport and Maritime Affairs may designate any agencies or organizations to be entrusted with the operation of the industrial location information networks and entrust the operation to such agencies or organizations individually or jointly, from among agencies or organizations as referred to in paragraph (1), in consultation with the Minister of Knowledge Economy. <Amended by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20722, Feb. 29, 2008>
(3) Any agency or organization (hereinafter referred to as "entrusted business operator") which has been entrusted with business affairs relating to operation of the industrial location information networks pursuant to paragraph (2) may have a person who uses the relevant industrial location information networks, bear the expenses incurred therefrom. <Amended by Presidential Decree No. 17288, Jun. 30, 2001>
(4) Deleted. <by Presidential Decree No. 17288, Jun. 30, 2001>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 6-4 (Business Matters, etc. of Entrusted Business Operator)   print
(1) An entrusted business operator shall perform the following business matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Design and establishment of the industrial location information networks;
2. Building, diffusion and operation of database for the industrial location information networks;
3. Installation and management of computers and communications equipment for the building and operation of the industrial location information networks;
4. Survey on demands and on various data concerning the industrial location information networks;
5. Collection and management of information on industrial locations;
6. Other businesses requested by the Minister of Land, Transport and Maritime Affairs.
(2) An entrusted business operator shall prepare a plan for industrial location information networks business containing matters falling under each subparagraph of paragraph (1) and submit as well as the performance status thereof, to the Minister of Land, Transport and Maritime Affairs by them the end of each year under conditions determined by the Minister of Land, Transport and Maritime Affairs. The same shall apply to any alteration of the submitted business plans. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may provide an entrusted business operator with the fund, equipment, technology, or administrative support required for a smooth operation of the industrial location information networks. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs may set forth operational guidelines for the management of industrial location information networks, the input and output of data, and other necessary matters concerning operation of the industrial location information networks. In such cases, where building and operating the industrial location information networks in collaborations with the heads of related administrative agencies, including the Minister of Knowledge Economy, the Minister of Land, Transport and Maritime Affairs shall prepare it in consultations with the heads of relevant agencies. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001]
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 Article 7 (Industrial Complex Development Plans, etc.)   print
(1) For the purposes of the latter part of Articles 6 (4) and the main sentence of Article 10 (1) of the Act, "important matters prescribed by Presidential Decree" means the matters falling under the following subparagraphs: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009>
1. Alteration of 10/100 or more of an industrial complex area;
2. Alteration of a main category of business to be invited;
3. Alteration of a land utilization plan and major infrastructure installation plan as determined by the Minister of Land, Transport and Maritime Affairs.
(2) For the purposes of Article 6 (5) 9 of the Act, "other matters prescribed by Presidential Decree" means the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21041, Sep. 25, 2008>
1. Implementation period of the industrial complex development project;
2. A support plan for major facilities for the development of industrial complexes;
3. A placement plan for businesses to be invited (where an agreement for occupancy has been concluded between the authority to designate an industrial complex under Article 9 (1) and an enterprise wishing to move into the industrial complex, a placement plan for the enterprise shall be included);
4. Data on demand for occupancy;
5. Data necessary for examination of environmental impact, which is determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) For the purposes of Article 6 (6) of the Act, "rate prescribed by Presidential Decree" means the rate in accordance with the following classification: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
1. National industrial complexes, general industrial complexes, and up-to-date city industrial complexes: 50/100;
2. Agricultural and industrial complexes: 60/100.
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 8 (Designation, etc. of General Industrial Complexes)   print
(1) For the purposes of the main sentence of Article 7 (1) of the Act, "head of a Si prescribed by Presidential Decree" means the head of a large city (hereinafter referred to as "designated head of a Si"), the number of population of which is not less than 500,000, except for the Seoul Special Metropolitan city and Metropolitan Cities under Article 175 of the Local Autonomy Act (hereinafter referred to "large city"). <Amended by Presidential Decree No. 21817, Nov. 10, 2009>
(2) For the purposes of the proviso to Article 7 (1) of the Act, "area prescribed by Presidential Decree" means 300,000 square meters.
(3) through (5) Deleted. <by Presidential Decree No. 21561, Jun. 25, 2009>
[This Article Wholly Amended by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 8-2 (Consultations about Designation of Industrial Complexes)   print
(1) The head of a related administrative agency who has received a request for consultation about an industrial complex development plan, etc. referred to in Articles 6, 7 and 7-2 of the Act shall return his/her opinions thereon within 20 days therefrom: Provided, That the same shall not apply where matters for consultations are provided for in other Acts and subordinate statutes in relation to creation of industrial complexes. <Amended by Presidential Decree No. 17288, Jun. 30, 2001>
(2) The head of a related administrative agency who has received a request for consultation referred to in paragraph (1) shall, if he/she finds it difficult to return his/her opinions within the consultation period, make notification by specifying grounds therefor and time limit for return and return his/her opinions within the notified time limit.
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
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 Article 8-3 (Designation, etc. of Up-to-Date City Industrial Complexes)   print
(1) For the purposes of the proviso to Article 7-2 (1) of the Act, "area prescribed by Presidential Decree" means 100,000 square meters.
(2) For the purposes of Article 7-2 (2) of the Act, "areas, such as the Seoul Special Metropolitan Area, which are prescribed by Presidential Decree" means the Seoul Special Metropolitan City.
[This Article Wholly Amended by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 9 (Public Notification, etc. of Designation of Industrial Complexes or Development Plans)   print
(1) If the Minister of Land, Transport and Maritime Affairs, the Mayor/Do Governor, or the head of Si/Gun/autonomous Gu (hereinafter referred to as the "authority to designate an industrial complex") designates industrial complexes or alters the designation as provided for in Article 7-4 (1) of the Act, he/she shall publicly announce the matters falling under each of the following subparagraphs (in cases of an alteration, limited to the altered matters): Provided, That if matters as referred to in subparagraphs 3 and 8 are yet to be finalized at the time of designation, such matters may be publicly announced after the contents become final: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
1. Name, location and area of the industrial complex;
2. Purposes of designation of the industrial complex;
3. Operator of the industrial complex development project;
4. Period of development of the industrial complex and method of development;
5. Major categories of business to be invited and a placement plan for such categories of business;
6. Land utilization plan and plan for principal infrastructure facilities;
7. A plan to support the major facilities for development of industrial complexes;
8. If there exist land, structures, or other items or rights to be expropriated and used, a detailed list and the owners thereof, and the names and addresses of the persons concerned as referred to in subparagraph 5 of Article 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor;
9. Deleted; <by Presidential Decree No. 15098, Jun. 29, 1996>
10. A method of inspecting related books.
(2) If the authority to designate an industrial complex alters an industrial complex development plan as referred to in Article 6 (3), 7 (2) or 7-2 (4) of the Act, he/she shall publicly announce those matters falling under paragraph (1) 1 through 4, and the altered matters. <Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(3) The head of a Si/Gun/autonomous Gu (hereinafter referred to as the "head of a Si/Gun") who has received related documents under Article 7-4 (1) of the Act, shall have the general public inspect such documents for fourteen days or more. <Amended by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(4) "Period prescribed by Presidential Decree" in the proviso to Article 7-4 (2) of the Act means one year from the date of designation as an operator of the industrial complex development project. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 10 (Approval, etc. of Designation of Agricultural and Industrial Complexes)   print
(1) If the head of a Si/Gun wishes to obtain approval for designation of agricultural and industrial complexes under Article 8 (2) of the Act, he/ she shall submit to the Mayor/Do Governor a written application for approval of designation of agricultural and industrial complexes, stating the matters falling under any of the following subparagraphs: <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
1. Name of the industrial complex;
2. Purposes and reasons of necessity of designation of the industrial complex;
3. Location and size of areas subject to designation;
4. Period and method of development of the industrial complex;
5. Major categories of business to be invited.
(2) A written application for approval of the designation of agricultural and industrial complexes as referred to in paragraph (1) shall be accompanied by the documents and drawings falling under each of the following subparagraphs:
1. Drawings of location;
2. Documents on the current status of land utilization in the area subject to designation;
3. Documents on the development support by the State or local governments;
4. Documents on the current status of employable human resources in areas adjacent to an agricultural and industrial complex;
5. Documents on the expected effect of employment and increased income of farming and fishing households resulting from the development of agricultural and industrial complexes;
6. Documents or drawings on the effect which the development will have on the preservation of the agricultural and fishing community environment and cultural properties.
(3) If the Mayor/Do Governor wishes to grant approval for the designation of agricultural and industrial complexes under Article 8 (2) of the Act, he/she shall consult with the heads of the related administrative agencies, and, if deemed necessary, he/she may hear the opinions of the City/Do Deliberation Committee for policies on agriculture and fisheries, rural community and food industry under Article 15 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20854, Jun, 20, 2008; Presidential Decree No. 21847, Nov. 26, 2009>
(4) For the purposes of the proviso to Article 8 (2) of the Act, "alteration of insignificant matters prescribed by Presidential Decree" means the alteration of matters other than those referred to in each subparagraph of Article 7 (1). <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993>
(5) When the head of a Si/Gun designates an agricultural and industrial complex or has modified it, he/she shall announce it in the Official Gazette or the official bulletin. In such cases, Article 9 (1) and (2) shall apply mutatis mutandis. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
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 Article 10-2 (Restriction on Designation of Industrial Complexes)   print
(1) "Size or unsold rate prescribed by Presidential Decree" in Article 8-2 (1) of the Act means the area or the unsold rate in lots according to the following classification: <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree. No. 21561, Jun. 25, 2009>
1. National industrial complexes: 15% or more of unsold rate in lots by the Special Metropolitan City, any Metropolitan City, or Do (hereafter referred to as "City/Do" in this Article);
2. General industrial complexes: 30% or more of unsold rate in lots by City/Do;
3. Up-to-date city industrial complexes: Area of 3.3 million square meters or more by City/Do or 30% or more of unsold rate in lots by City/Do;
4. Agricultural and industrial complexes: Area not smaller than that as set forth by the detailed guidelines for the development of agricultural and industrial complexes within the extent from one million square meters to two million square meters by Si/Gun/autonomous Gu (hereinafter referred to as " Si/Gun"), or 30% or more of unsold rate in lots by Si/Gun.
(2) "Industrial complex for which demand for occupancy of enterprises has been confirmed as prescribed by Presidential Decree" in Article 8-2 (1) 2 of the Act means such industrial complex for which demand for occupancy of enterprises has been confirmed based on objective data, such as a written agreement of occupancy concluded between the authority to designate an industrial complex and enterprises wishing to move into an industrial complex. <Newly Inserted by Presidential Decree No. 21561, Jun, 2009>
[This Article Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001]
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 Article 10-3 (Standard, etc. for Designation of Quasi Industrial Complexes)   print
(1) The designation of a quasi industrial complex under Article 8-3 of the Act shall be limited to cases where all the requirements in the following subparagraphs are satisfied: <Amended by Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21561, Jun. 25, 2009>
1. That the area to be designated as quasi industrial complex shall be an industrial area, planned control area, or development promotion district under the National Land Planning and Utilization Act:if the size of planned control area is equivalent to or exceeds 50/100 of the size of the area to be designated as a quasi industrial complex, a quasi industrial complex may be designated including a production management area;
2. That the size of area to be designated as a quasi industrial complex shall be 300,000 square meters or more (between 30,000 square meters and 60,000 square meters in cases of nature preservation regions under the Seoul Metropolitan Area Readjustment Planning Act);
3. That the size of the site for factories or distribution facilities for which construction permission has been obtained under Article 11 of the Building Act, or a construction reporting thereof has been filed under Article 14 of the same Act shall exceed 40/100 of the size of the area to be designated as a quasi industrial complex;
4. That the number of factories which obtained construction permission under Article 11 of the Building Act or factories registered under Article 14 of the same Act within an area to be designated as a quasi industrial complex shall be five or more. In such cases, if a corporation or a business operator owns multiple factories, such factories shall be deemed to be a single factory;
5. That approval of 1/2 or more of the total number of land owners and factory owners whose size of land in possession is equal to 1/2 or more of the size of land of the area to be designated as a quasi industrial complex.
(2) A renovation plan in Article 8-3 (2) of the Act shall contain the matters in the following subparagraphs:
1. Present condition of factories and use of land within the relevant area;
2. Location and size of the quasi industrial complex;
3. Purposes of designation of the quasi industrial complex;
4. Operator of the quasi industrial complex development project;
5. Method of executing the quasi industrial complex development project;
6. Major types of business to be invited;
7. Plan for utilizing land and plan for principal infrastructure facilities;
8. Plan for raising financial resources;
9. Details of land, buildings, other articles or rights to be expropriated or used, if any;
10. Period of execution of the quasi industrial project development project;
11. Plan for assistance with major facilities to nurture the quasi industrial complex.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 10-4 (Subsidization of Expenses, etc. for Quasi Industrial Complexes)   print
"Quasi industrial complex that meets the requirements, such as scale, location, etc., as prescribed by Presidential Decree" in Article 8-3 (5) of the Act shall be a quasi industrial complex which meets the following requirements:
1. The size shall exceed 100,000 square meters;
2. It shall be under development in an area where the Minister of Land, Transport and Maritime Affairs deems it necessary to foster industry for the development of underdeveloped areas and a balanced development of the nation.
[This Article Newly Inserted by Presidential Decree No. 21561, Jun. 25, 2009]
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 Article 11 (Hearing of Opinions of Residents, etc.)   print
(1) In cases where the authority to designate industrial complexes intends to hear the opinions of residents, related experts, etc. as provided for in Article 10 (1) of the Act, he/she shall announce the main contents of the draft plan for designation in a daily newspaper whose main circulation territory is the region concerned and on the web site of the authority to designate such industrial complexes and shall allow the general public to peruse them for 14 days or more. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(2) Notwithstanding paragraph (1), in cases where the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor is the authority to designate an industrial complex, he/she shall dispatch the contents of the draft plan for designation of an industrial complex to the head of a Si/Gun who has jurisdiction over the address of the relevant industrial complex, and the head of a Si/Gun shall announce the main contents of the draft of the designation plan in a daily newspaper whose main circulation territory is the region concerned and on the web site of the agency concerned, and shall allow the general public to peruse them for 14 days or more. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
(3) A person who has opinions in respect of the contents of a draft plan for the designation of industrial complexes publicly announced under paragraphs (1) and (2), may present a written opinion to the head of a Si/Gun concerned within the period of perusal. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) When the period of perusal expires, the head of a Si/Gun who has received the contents of the draft plan for designation of an industrial complex shall present a written opinions of residents, related experts, etc. presented as provided for in paragraph (3) and written results of review in respect of the presented opinions, to the Minister of Land, Transport and Maritime Affairs or the Mayor/Do Governor. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 12 (Omission of Hearing of Residents, etc.)   print
(1) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
(2) If the authority to designate an industrial complex wishes to designate industrial complexes by omitting hearings of opinions of residents, related experts, etc. under the proviso to Article 10 (1) of the Act, he/she shall consult in advance with the heads of the related administrative agencies. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
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 Article 13 (Request, etc. for Designation of Industrial Complexes by Private Enterprises, etc.)   print
(1) For the purposes of Article 11 (1) of the Act, "person who meets the requirements prescribed by Presidential Decree" means any person falling under any of the following subparagraphs: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 14915, Feb. 15, 1996; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19463, Apr. 28, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21835, Nov. 20, 2009>
1. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;
2. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
3. The Korea Rural Community and Agricultural Corporation under the Korea Rural Community and Agricultural Corporation and Farmland Management Fund Act;
4. Metropolitan development corporations of the Special Metropolitan City, a Metropolitan City, a Do, or large cities, among local public corporations under the Local Public Enterprises Act;
5. The Small Business Corporation under the Small and Medium Enterprises Promotion Act;
6. Small and medium enterprise cooperatives under the Small and Medium Enterprise Cooperatives Act;
6-2. The Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act;
6-3. Chambers of Commerce and Industry under the Chambers of Commerce and Industry Act;
7. A person falling under any subparagraph of Article 19 (2);
8. A land owner or association falling under Article 16 (1) 6 of the Act;
9. A corporation which falls under Article 16 (1) 4 of the Act and in which the total of investment rate of persons falling under Article 16 (1) 1 or 2 of the Act is 20/100 or more.
(2) A person who intends to request designation of an industrial complex as provided for in Article 11 (1) of the Act shall submit to the authority to designate industrial complexes an application for designation of industrial complex stating matters in the subparagraphs of Article 10 (1), accompanied with the documents and drawings in the following subparagraphs: <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21561, Jun. 25, 2009>
1. Drawing of location;
2. Documents on the analysis of fundamentals, such as roads, water, electricity and communications, and documents on infrastructure facilities installation plans;
3. Documents on the industrial complex development plan;
4. Data on demand for occupancy.
(3) The authority to designate industrial complexes who receives an application for designation of national industrial complex, general industrial complex, or up-to-date city industrial complex referred to in paragraph (2) shall designate the relevant area as a national industrial complex, general industrial complex, or up-to-date city industrial complex, respectively, only if it is deemed feasible after making a comprehensive review of industrial location development guidelines and relations with other industrial complex development plans. In such cases, he/she may establish a committee made up of related public officials of a City/Do or a Si/Gun/Gu and have the committee review the designation of such industrial complex. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(4) The head of a Si/Gun who has received an application for designation of industrial complex as provided for in paragraph (2) shall submit the results of the review to the authority to designate industrial complexes within 30 days therefrom, and where it is impossible to submit such results within the time limit due to unavoidable grounds, he/she shall submit a statement showing the deadline for submission. In such cases, the submission of the review results by the head of a Si/Gun shall be deemed to be the application by the head of a Si/Gun/Gu under Article 7-2 (1) of the Act. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(5) The authority to designate industrial complexes who receives an application for designation of national industrial complex, general industrial complex, or up-to-date city industrial complex referred to in paragraph (2) may designate an industrial complex by reducing or expanding the area of the industrial complex concerned after hearing opinions of a person who has applied for the designation of an industrial complex where it is deemed necessary after comprehensively examining the adequate supply of industrial locations, expansion of infrastructure, environmental impact, employment problems, demand for and supply of human resources, and relationship with hinterland cities. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(6) Where the authority to designate industrial complexes deems it inappropriate to designate the area applied for under paragraph (2) as an industrial complex, he/she shall notify the applicant of the reason therefor, or inform such applicant of an appropriate alternative location in any other industrial complex being developed by the State or local governments. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(7) The size of an industrial complex which may be requested to be designated as an industrial complex under Article 11 (4) of the Act shall be 30,000 square meters or more (in the case of an up-to-date city industrial complex, 10,000 square meters or more). <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15048, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005>
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 Article 14 (Objects of Permission, etc.)   print
(1) Acts subject to permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or the head of a Si/Gun in accordance with Article 12 (1) of the Act shall be as follows:
1. Construction, etc. of a building: Construction, large-scale repair or alteration of use of a building (including a temporary building) under Article 2 (1) 2 of the Building Act;
2. Installation of a structure: Installation of a facility (excluding any building under Article 2 (1) 2 of the Building Act) fabricated by applying human skill;
3. Alteration of the form and nature of land: Act of altering the shape of land by the method of cutting, raising, leveling, and paving land, excavation of land, or reclamation of public waters;
4. Collection of earth and stones: Act of collecting earth and stones, such as earth, sand, gravel, and boulder: Provided, That act of altering the form and nature of land shall conform to subparagraph 3;
5. Division of land;
6. Act of piling up goods: Piling up of goods which are not easy to move for one or more month;
7. Felling and planting of bamboos trees.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall, where intending to grant permission with respect to any act falling under the subparagraphs of paragraph (1) in accordance with Article 12 (1) of the Act, and where an operator of an industrial complex development project (hereinafter referred to as "project operator") has been designated pursuant to Article 16 of the Act, hear the opinion of the project operator in advance. In such cases, the project operator shall send his/her opinion within 10 days from the date of receiving the request for submission of opinion by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun. <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
(3) "Other acts prescribed by Presidential Decree" in Article 12 (2) 2 of the Act means any act falling under any of the following subparagraphs, which is not subject to permission for development acts under Article 56 of the National Land Planning and Utilization Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Installation of a simple structure determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which is directly used to the production of agricultural, forest and marine products;
2. Alteration of the form and nature of land for cultivation;
3. Collection of earth and stones within the scope not spoiling natural scenic beauty and not impeding the development of any industrial complex;
4. Act of piling up goods within a site determined to be preserved within any industrial complex;
5. Temporary planting of bamboo trees for viewing (excluding temporary planting in any land for cultivation).
(4) Any person who is required to report under Article 12 (3) of the Act shall report to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun by attaching the progress state of the project or business thereof, and the implementation plan within 30 days from the date on which the industrial complex is designated and publicly announced.
[This Article Wholly Amended by Presidential Decree No. 19503, Jun. 7, 2006]
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 Article 15 (Cancellation of Designation of Industrial Complexes)   print
(1) For the purposes of Article 13 (1) of the Act, "period prescribed by Presidential Decree" means a period falling under the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007>
1. National industrial complexes: Five years;
2. General industrial complexes and up-to-date city industrial complexes: Three years;
3. Agricultural and industrial complexes: Two years.
(2) If the authority to designate an industrial complex wishes to cancel the designation of any industrial complex under Article 13 (2) of the Act, he/she shall consult with the heads of the relevant administrative agencies by specifying the reasons and other details for such cancellation, and matters as to whether the specific use area under Article 36 of the National Land Planning and Utilization Act shall be returned. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
(3) At the time of cancellation of the designation of any industrial complex under Article 13 (3) and (5) of the Act, the authority shall publicly announce the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
1. Name of the industrial complex;
2. Location and area of the industrial complex to be cancelled;
3. Reasons for cancellation of the industrial complex;
4. Whether the specific use area under Article 36 of the National Land Planning and Utilization Act shall be returned;
5. A method of inspecting related books.
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 Article 15-2 (Requirements for Conversion, etc. of Industrial Complexes)   print
(1) A conversion of type of industrial complex under Article 13-2 (1) of the Act shall be limited to cases falling under any of the following subparagraphs:
1. Where ten years have passed after completion of construction and it is necessary to activate the industrial complex, such as building additional factories;
2. Where there are changes in the types of business to be invited in the area covering more than 30/100 of the total area of industrial facility site at the time when the construction of the industrial complex is completed.
(2) In cases where it is intended to designate any existing industrial complex (hereafter referred to as "old industrial complex" in this Article) as an industrial complex under Article 7 or 7-2 of the Act after conversion (hereinafter referred to as "conversion of industrial complex"), the industrial complex to be designated after conversion (hereinafter referred to as "new industrial complex") shall be of a size larger than the one according to the following classification:
1. Where it is converted into a general industrial complex: 30,000 square meters;
2. Where it is converted into an up-to-date city industrial complex: 10,000 square meters.
(3) In cases where part of an old industrial complex is converted, the area of an old industrial complex (hereinafter referred to as "remaining industrial complex") after excluding the new industrial complex from the old industrial complex shall be not less than the size according to the following classification :
1. Where the remaining industrial complex is a national industrial complex, general industrial complex, or agricultural and industrial complex: 30,000 square meters;
2. Where the remaining industrial complex is an up-to-date city industrial complex: 10,000 square meters.
(4) In cases where the authority to designate general industrial complexes or up-to-date city industrial complex intends to designate a general industrial complexes or up-to-date industrial complex after converting a national industrial complex into a general industrial complex or up-to-date city industrial complex, he/she shall establish a development plan and request the Minister of Land, Transport and Maritime Affairs to approve such plan. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs who has received an application for approval under paragraph (4) shall consult with the related administrative agencies before he/she approves the conversion. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(6) In cases where the authority to designate general industrial complexes or up-to-date city industrial complexes intends to convert all or part of a general industrial complex, up-to-date city industrial complex, or agricultural and industrial complex into a general industrial complex or up-to-date city industrial complex, he/she shall establish a development plan and consult with the authority to designate the old industrial complex: Provided, That where the authority to designate an old industrial complex and the authority to designate a new industrial complex are the same person, the same shall not apply.
(7) In cases where the authority to designate an old industrial complex who has been requested for consultation under the main sentence of paragraph (6) intends to comply with the consultation, he/she shall consult with the related administrative agencies in advance.
(8) In cases where the authority to designate an old industrial complex and the authority to designate a new industrial complex are the same person, the conversion of industrial complex shall be made after establishment or modification of a development plan and consultations with the related administrative agencies.
(9) In cases where private enterprises, etc. referred to in Article 11 of the Act intend to request the conversion of industrial complex, they shall establish a development plan for the new industrial complex and request the authority to designate a new industrial complex for conversion. In such cases, paragraphs (4) through (8) shall apply mutatis mutandis to the procedure of conversion into a new industrial complex.
(10) Article 7-4 of the Act shall apply mutatis mutandis to the announcement, etc. of designation of a new industrial complex following conversion into a new industrial complex.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 15-3 (Special Cases for Development Activities in Constructed Industrial Complexes)   print
For the purposes of Article 13-3 of the Act, "trifling development activities, etc. prescribed by Presidential Decree" means the following activities:
1. Correction to the changes in the designated size of an industrial complex according to the result of actual land survey;
2. Changes in the arrangement plan within the extent of major types of business to be invited;
3. Changes of less than 10/100 of the size by facility or by use on the land utilization plan: Provided, That cases where the total cumulative changes become 10/100 or more shall be excluded;
4. Construction or disuse of road the width of which is less than 15 meters;
5. Changes of less than 50/100 in the scale or capacity of the facility according to the provisions of subparagraphs 1 though 5 of Article 27: Provided, That cases where the total cumulative changes become 50/100 or more shall be excluded.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Articles 16 through 18 Deleted.<by Presidential Decree No. 14002, Nov. 6, 1993>   print
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 Article 19 (Project Operators)   print
(1) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
(2) For the purposes of Article 16 (1) 3 of the Act, "person who meets the requirements prescribed by Presidential Decree" means any of the following persons: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 15239, Dec. 31, 1996; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 22273, Jul. 12, 2010>
1. A person who wishes to move into an industrial complex by installing appropriate facilities according to the industrial complex development plan and who falls under any of the following items:
(a) Where he/she wishes to directly develop sites for facilities as referred to in the items of subparagraph 6 of Article 2 of the Act;
(b) Where he/she wishes to develop an industrial complex and to use 30/100 or more of sites for facilities (hereinafter referred to as "sites for industrial facilities") as referred to in subparagraph 6 (a) of Article 2 of the Act as sites for industrial facilities for end-users and supply the remaining area to those who wish to move into the industrial complex;
2. A person deemed to have the capabilities to develop industrial complexes which conform to an industrial complex development plan and who falls under any of the following items:
(a) A person who has registered for the general construction works (limited to the civil engineering business and the civil engineering and construction business) under the Framework Act on the Construction Industry and whose authorized maximum contract capability for the then-current year is not lower than the average annual project cost (excluding compensations) as determined under an industrial complex development plan;
(b) A person capable of constructing a knowledge industry center under the Industrial Cluster Development and Factory Establishment Act and who wishes to directly develop the land necessary for the construction of a knowledge industry center in the industrial complex.
(3) For the purposes of Article 16 (1) 4 of the Act, "corporation who meets the requirements prescribed by Presidential Decree" means any corporation in which the total investment rate of persons falling under Article 16 (1) 1 and 2 of the Act, or paragraph (2) 2 (a) of this Article is not less than 20/100. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007>
(4) A person who wishes to execute an industrial complex development project under Article 16 (1) of the Act, shall submit to the authority to designate an industrial complex a written application for designation of a project operator which contains a statement of the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Name of a person who wishes to execute the project (in cases of a corporation, the title of the corporation and name of its representative), and his/her address;
2. Name, location and size of an industrial complex for the project execution;
3. Outline of the project execution plan:
(a) Name of the projects;
(b) Purposes of execution of the project;
(c) Type and outline of the project;
(d) Period of execution of the project;
(e) Method of execution of the project.
(5) A written application for designation of a project operator as referred to in paragraph (4) shall be accompanied by the documents and drawings falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Drawings of location;
2. Business plan;
3. Financing plan.
(6) Matters necessary for the designation, etc. of a project operator, other than those referred to in paragraphs (2) through (5), shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20722, Feb. 29, 2008>
(7) For the purposes of Article 16 (2) of the Act, "cases prescribed by Presidential Decree" means cases falling under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
1. Where the ownership of 30/100 or more of the size of the land (excluding reclaimed areas), the execution plan of which was approved has not been secured by the date after two years have lapsed from the date the approval of execution plan was announced;
2. Where there is any land, the ownership of which has not been secured within the period of project (where the authority to approve the execution plan has acknowledged the extension of period requested by the project operator because he/she failed to secure the ownership of the land due to unavoidable reasons, it may be extended within the extent of six months for once only) set in the execution plan which was initially approved within the land, the execution plan of which was approved;
3. Where a project operator under paragraph (2) 1 fails to complete the project within the extended period where he/she extends the period of project on one occasion as specified in the initially approved execution plan.
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 Article 20 (Vicarious Execution of Development Projects)   print
(1) A person who wishes to execute vicariously part of an industrial complex development project under Article 16 (3) of the Act, shall submit to a project operator a written application for vicarious execution of the industrial complex development project, which contains the following matters: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996>
1. Name (in the case of a corporation, the title of the corporation and name of its representative) and address of the person who wishes to vicariously execute the development project;
2. Name, location and size of an industrial complex for which the development project is to be vicariously executed;
3. Outline of the execution plan for the vicarious execution of the development project:
(a) Purposes of the project;
(b) Type and outline of the project;
(c) Period of executing the project.
(2) A written application for the vicarious execution of an industrial complex development project as referred to in paragraph (1) shall be accompanied by the documents and drawings falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Drawings of location;
2. Business plan;
3. Financing plan.
(3) If it is deemed necessary to develop a building site in parallel with the installation of industrial facilities for the efficient execution of an industrial complex development project, the project operator who has received application as referred to in paragraph (1) may have an applicant vicariously execute the project for the development of a building site for industrial facilities to be used by the applicant, from among the industrial complex development projects. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) If a project operator wishes to have an applicant vicariously execute a project for the development of a building site for industrial facilities under paragraph (3), he/she shall enter into a contract on the vicarious execution of the industrial complex development project. In such cases, the project operator shall make a report to the relevant authority to designate an industrial complex regarding such vicarious execution of the industrial complex development project accompanied by a copy of the written contract within 14 days from the date on which the contract is entered into. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(5) A project operator shall control and supervise the vicarious operator of an industrial complex development project who has concluded the contract under paragraph (4) in such a way that such vicarious operator may execute the project faithfully under the contract. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
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 Article 21 (Execution Plan for National Industrial Complex Development)   print
(1) If a project operator of a national industrial complex wishes to file an application for approval of the execution plan of national industrial complex development referred to in Article 17 (1) of the Act, he/she shall submit to the Minister of Land, Transport and Maritime Affairs a written application for approval of the execution plan for a national industrial complex development, which includes the following matters within 18 months from the date on which he is designated as a project operator of the national industrial complex: <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
1. Name (in cases of a corporation, the title of the corporation, and name of its representative) and address of the project operator;
2. Name of the project;
3. Purposes of the project;
4. Location and size of the project to be executed;
5. Method and period of execution of the project;
6. Current status of the land utilization in the project execution area;
7. Land utilization plan and infrastructure facilities installation plan.
(2) A written application for approval of the execution plan for a national industrial complex development referred to in paragraph (1) shall be accompanied by the documents and drawings in the following subparagraphs. In such cases, the Minister of Land, Transport and Maritime Affairs shall confirm a land registration map through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
1. Drawings of location;
2. Deleted; <by Presidential Decree No. 21215, Dec. 31, 2008>
3. A ground plan for the project and drawings for construction design (including an explanatory note on reclamation works determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, if the reclamation of public waters is included);
4. Project costs and financing plans (including an annual investment plan);
5. A plan for the management and disposal of developed land or installations;
6. A detailed statement of existing factories, structures, etc. desired to be retained in a project execution area;
7. Documents on the purchase of and compensation for land, buildings, rights, etc. in the project execution area and measures for relocation of residents;
8. A plan for free reversion and replacement of public facilities, land, etc.;
9. A statement of installation expenses of public facilities to be reverted to the State or local governments and a written evaluation of the existing public facilities to be reverted or transferred to the project operator;
10. A plan for the vicarious execution of the industrial complex development project (limited to cases where a relevant plan is available);
11. Related documents and drawings necessary for determination of urban management planning (including district-unit planning);
12. A land substitution plan for former land owners (limited to cases where a land substitution plan is available);
13. Documents regarding the effect on conservation of cultural properties;
14. A survey report on damage impact (limited to reclamation of public waters).
(3) If a project operator requests an extension of the period of application for approval referred to in paragraph (1) for unavoidable causes, the Minister of Land, Transport and Maritime Affairs may extend such period up to six months. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008>
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
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 Article 21-2 (Change of Insignificant Matters)   print
(1) "Cases of modifying trifling matters prescribed by Presidential Decree" in the proviso to Article 17-2 of the Act means cases falling under any of the following subparagraphs:
1. Cases of changing address of a project operator;
2. Cases of changing the representative of a project operator which is a juristic person;
3. Cases of correcting an area for performing a project owing to a mistake or such within the extent that no changes are made to such area;
4. Cases of changing an area for performing a project within the extent not exceeding such project area in order to execute the project by segment.
(2) Where a project operator changes matters falling under any of the subparagraphs of paragraph (1), he/she shall report such change to the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
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 Article 22 (Execution Plan for General Industrial Complex Development)   print
(1) Where a project operator of general industrial complex intends to apply for approval of an execution plan for general industrial complex development in accordance with Article 18 (1) of the Act, he/she shall submit to the authority to designate industrial complexes an application for approval of the execution plan for general industrial complex development, which states the matters in the subparagraphs of Article 21 (1), within one year and six months from the date on which he/she is designated as a project operator of the general industrial complex. <Amended by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
(2) An application for approval of the execution plan for general industrial complex development under paragraph (1) shall be accompanied by the documents and drawings falling under the subparagraphs of Article 21 (2). In such cases, the authority to designate industrial complexes shall confirm a land registration map through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) If a project operator requests an extension of the period of application for approval as referred to in paragraph (1) for unavoidable causes, the authority to designate general industrial complexes may extend it up to six months. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
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 Article 22-2 (Execution Plan for Up-To-Date City Industrial Complex Development)   print
(1) Where the project operator of an up-to-date city industrial complex intends to apply for approval of an execution plan for the up-to-date city industrial complex development as provided for in Article 18-2 (1) of the Act, he/she shall submit an application for approval of the execution plan for the up-to-date city industrial complex development stating the matters in the subparagraphs of Article 21 (1) to the authority to designate industrial complexes within one year and six months from the date he/she is designated as a project operator of the up-to-date city industrial complex. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(2) An application for approval of the execution plan for an up-to-date city industrial complex development under paragraph (1) shall be accompanied by the documents and drawings in the subparagraphs of Article 21 (2). In such cases, the authority to designate industrial complexes shall confirm a land registration map through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) Where a project operator requests an extension of the period of application for approval under paragraph (1) due to unavoidable reasons, the authority to designate up-to-date city industrial complexes may extend the period up to six months.
(4) Deleted. <by Presidential Decree No. 21041, Sep. 25, 2008>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 23 (Execution Plan for Agricultural and Industrial Complexes)   print
(1) If a project operator of an agricultural and industrial complex wishes to file for approval of the execution plan for an agricultural and industrial complex as referred to in Article 19 (1) of the Act (hereinafter referred to as "execution plan for agricultural and industrial complex"), he/she shall submit to the head of a Si/Gun a written application for approval of an execution plan for agricultural and industrial complex development, which contains matters falling under each of the subparagraphs of Article 21 (1) within one year from the date on which he is designated as a project operator of the agricultural and industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A written application for approval of the execution plan for an agricultural and industrial complex referred to in paragraph (1) shall be accompanied by the documents and drawings falling under the subparagraphs of Article 21 (2). In such cases, the head of a Si/Gun shall confirm a land registration map through the joint use of administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
(3) If a project operator requests an extension of the period of application for approval as referred to in paragraph (1) for unavoidable causes, the head of a Si/Gun may extend the period up to six months. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
(5) Deleted. <by Presidential Decree No. 14002, Nov. 6, 1993>
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 Article 23-2 (Public Notification of Approval for Execution Plan)   print
Matters to be publicly notified under Article 19-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
1. Name of the project;
2. Name (in the case of a corporation, the title of such coroporation and name of its representative) of the project operator;
3. Purposes and outline of the project;
4. Location and size of the project execution area;
5. The period for executing the project (including the starting date and scheduled date of completion);
6. Matters falling under the subparagraphs of Article 25 (5) of the Enforcement Decree of the National Land Planning and Utilization Act with respect to decision-making on urban management planning.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 24 (Entrusted Execution of Industrial Complex Development Projects)   print
(1) For the purposes of Article 20 (1) of the Act, "public facilities prescribed by Presidential Decree" means water supply facilities, railroads, common ditches, sewerage, wastewater terminal treatment facilities, wastes disposal facilities (including recycling facilities; hereinafter the same shall apply), collective energy supply facilities, dikes, embankments, sea dikes, mouth of river banks, and green facilities. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) If a project operator wishes to entrust the State, local governments, or government-invested institutions with part of the industrial complex development projects under Article 20 (1) of the Act, he/she shall consult with a person who will execute such projects under entrustment with respect to the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. A place where the entrusted project is executed;
2. A type, size and amount of the entrusted project, and other matters to be the standards for construction design;
3. Execution period of the entrusted project (including the starting date and scheduled date of completion, and process plan);
4. Matters on the payment method of expenses required for the entrusted project and management of the fund;
5. If an entrusting person supplies real estate, machines and equipment or laborers, matters on the management thereof;
6. Other matters necessary for bearing the risks;
7. Other matters necessary for making the contents of the entrusted project clear.
(3) Deleted. <by Presidential Decree No. 20317, Oct. 4, 2007>
(4) In cases of executing a development project under entrustment fees as referred to in paragraph (2), standards for rate of entrustment fees, shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 24-2 (Development of Industrial Complexes under Trust)   print
(1) If a project operator desires to conclude a trust contract for industrial complex development with a real estate trust business operator under Article 20-2 (1) of the Act, the written contract shall state the following matters: <Amended by Presidential Decree No. 20947, Jul. 29, 2008>
1. Names (in the case of a corporation, its title and the name of its representative) and addresses of the truster and the trustee;
2. Name, location, and size of an industrial complex;
3. Outline of an execution plan for development under trust including the following matters:
(a) Purposes of the project;
(b) Type and outline of the project;
(c) Period of execution of the project.
(2) If a project operator concludes a trust contract under paragraph (1), he/she shall submit a copy of the written contract to the authority to designate an industrial complex within 14 days from the date of concluding such contract together with the following documents:
1. Drawings of location;
2. Business plan;
3. Financing plan;
4. Disposal plan.
(3) A real estate trust business operator which concludes a trust contract under paragraph (1) shall faithfully conduct the project according to the trust contract. <Amended by Presidential Decree No. 20947, Jul. 29, 2008>
[This Article Wholly Amended by Presidential Decree No. 16203, Mar. 26, 1999]
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 Article 24-3 (Land Substitution to Landowners)   print
(1) A landowner who is entitled to receive substitute land under Article 24 (1) 1 of the Act, shall be a person who owns land exceeding a minimum supply area as determined by the industrial complex development plan, as of the date of public notice of the designation of the industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001>
(2) A person who wishes to receive substitute land under paragraph (1), shall submit to a project operator a written application for land substitution accompanied by a plan for the installation of industrial facilities. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(3) A project operator shall file an application for land substitution as referred to in paragraph (2) within a consultation period as specified in the public notice of compensation for loss resulting from the relevant industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(4) A project operator (excluding a project operator falling under Article 16 (1) 6 of the Act) shall determine the method, procedures, etc. of land substitution in the execution plan for an industrial complex development according to the criteria falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17288, Jun. 30, 2001>
1. The value of the former land subject to land substitution shall be the amount of compensation for consultation offered by a project operator at the time of the public notice concerning the compensation for loss, and the value of the land to be substituted shall be based on the parcelling-out price of land for industrial facilities of the relevant industrial complex as referred to in Article 40;
2. Any substitute land size shall be based on the former land size, and may be increased or decreased, taking into account the regional conditions and demand and supply conditions, etc. of land for industrial facilities;
3. The difference between the former land value and the substitute land value shall be settled in cash.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 24-4 (Scope of Public Facilities)   print
The scope of public facilities as referred to in Article 26 of the Act shall be those falling under each of the following subparagraphs from among the public facilities as referred to in subparagraph 13 of Article 2 of the National Land Planning and Utilization Act and ditches as referred to in Article 67 (1) of the Act on Land Survey, Waterway Survey and Cadastral Records: Provided, That in cases of an industrial complex where a single enterprise settles, public facilities exclusively used by such enterprise shall be excluded: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21881, Dec. 14, 2009>
1. Roads;
2. Parks;
3. Squares;
4. Deleted; <by Presidential Decree No. 15239, Dec. 31, 1996>
5. Rivers;
6. Green areas;
7. Deleted; <by Presidential Decree No. 15239, Dec. 31, 1996>
8. Waterworks (limited to pipelines in cases of the waterworks installed by the Korea Water Resources Corporation);
9. Sewerage;
10. Reservoir facilities;
11. Tidal wave prevention facilities.
[This Article Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 25 (Consultation, etc. of Disuse)   print
(1) If the authority to approve the execution plan of an industrial complex requests the head of a relevant administrative agency for consultation about the disuse and transfer of the properties owned by the State or local governments pursuant to the latter part of Article 27 (2) of the Act, he/she shall attach the documents falling under the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21215, Dec. 31, 2008>
1. A statement of the properties subject to consultation;
2. Documents which state the contents of consultation (disuse, transfer and appraisal method, etc. of properties);
3. and 4. Deleted; <by Presidential Decree No. 21215, Dec. 31, 2008>
5. Drawings of location;
6. A written confirmation of non-registration (limited to an unregistered property).
(2) The head of a relevant administrative agency who receives a request for consultation pursuant to paragraph (1) shall confirm documents referred to in the following subparagraphs through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: <Newly Inserted by Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 22151, May 4, 2010>
1. A certified copy of land (forest land) cadastre;
2. A certified copy of register;
3. A certified copy of land registration map.
(3) The Minister of Strategy and Finance may have a person entrusted with management and disposal affairs under Article 42 (1) of the State Property Act manage and dispose of property under Article 27 (4) of the Act. <Amended by Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21641. Jul. 27, 2009>
(4) For the purposes of Article 27 (5) of the Act, "person stipulated by Presidential Decree, such as the government-invested institutions" means a person falling under any of the following subparagraphs (hereinafter referred to as "public project operator"): <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22103, Mar. 26, 2010>
2. Local government-invested public corporations and local government public corporations under the Local Public Enterprises Act;
3. The Small Business Corporation under the Small and Medium Enterprises Promotion Act;
4. The Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act;
5. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act.
(5) A public project operator may pay the purchase price in installment over a period of five years or less pursuant to Article 27 (5) of the Act. In such cases, interest on the balance of the purchase price shall be six percent per annum. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007>
(6) Where a public project operator pays in installment pursuant to paragraph (5), the ownership may be transferred before the purchase price is paid in full, notwithstanding Article 51 of the State Property Act. In such cases, necessary measures, such as creation of mortgage, shall be taken to secure the claims. <Newly Inserted by Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21215, Dec. 31, 2008; Presidential Decree No. 21641. Jul. 27, 2009>
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 Article 26 (Subsidization of Expenses)   print
(1) The category of expenses which the State or local governments may subsidize under the proviso to Article 28 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 22273, Jul. 12, 2010>
1. Construction expenses for main roads in an industrial complex;
2. Construction expenses for green facilities in an industrial complex;
3. Construction expenses for water supply facilities, sewerage, and wastewater terminal treatment facilities;
4. Expenses for relocation projects;
5. Land purchase expenses for an industrial complex developed for the purpose of leasing land, facilities, etc. and construction expenses for parks and common ditches;
6. Land purchase expenses for the construction of a knowledge industry center;
7. Site development expenses for the creation of agricultural and industrial complexes, infrastructure facilities expenses and land purchase expenses for access roads, electric power, communications facilities, etc.;
8. Expenses for research on cultural properties.
(2) The State or local governments may subsidize expenses within the limit of 50 percent of the expenses falling under each of the subparagraphs of paragraph (1): Provided, That construction expenses for sewerage and wastewater terminal treatment facilities among the expenses of paragraph (1) 3, the expenses of paragraph (1) 8, and the expenses of the subparagraphs of paragraph (1) in cases where falling under any of the following subparagraphs may be subsidized in full after a prior deliberation by the Deliberation Committee: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
1. Where deemed especially necessary for the development of a backward area;
2. Where a project operator wishes to lease land within an industrial complex which is neither exploited nor parceled out;
3. Where intending to prepare and lease an up-to-date city industrial complex.
(3) In applying the proviso to the main sentence of paragraph (2), construction expenses for sewerage and wastewater terminal treatment facilities among the expenses of paragraph (1) 3 and matters falling under the expenses of paragraph (1) 8 and matters with respect to paragraph (2) 2 shall apply only to the areas other than the Seoul Metropolitan area under subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act (excluding a border area under subparagraph 1 of Article 2 of the Border Area Support Act). <Newly Inserted by Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
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 Article 27 (Support of Infrastructures)   print
(1) "Infrastructure prescribed by Presidential Decree, such as ports, roads, water facilities, railroads, communications, electric facilities or such" in Article 29 (1) of the Act means facilities referred to in the following subparagraphs:
1. Ports, roads and railroads;
2. Water supply facilities, electric and communications facilities, and gas facilities;
3. Sewerage, wastewater terminal treatment facilities, and waste disposal facilities;
4. Common ditches in an industrial complex;
5. Collective energy supply facilities;
6. Other facilities determined by the Minister of Land, Transport and Maritime Affairs as public facilities expecially necessary for the development of an industrial complex.
(2) Industrial complexes subject to assistance with infrastructure facilities pursuant to Article 29 (1) of the Act mean those falling under any of the following subparagraphs:
1. An industrial complex fully satisfying the following requirements:
(a) It shall not have received authorization of the completion under Article 37 of the Act;
(b) The area of such industrial complex, covering 300 thousand square meters or more, shall be more than the scale prescribed by the Minister of Land, Transport and Maritime Affairs;
(c) It shall be under development in the area where the Minister of Land, Transport and Maritime Affairs deems it necessary to foster industries for the development of backward areas and a balanced development of the nation;
2. An industrial complex to which support is deemed necessary according to industrial location policies at the Deliberation Committee from among industrial complexes other than those referred to in subparagraph 1.
[This Article Wholly Amended by Presidential Decree No. 21041, Sep. 25, 2008]
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 Article 27-2 (Installation of Electric Equipment in Industrial Complexes)   print
Electric equipment on the roads determined as urban planning equipment in the execution plan for an industrial complex shall be in advance installed by the Korea Electric Power Corporation.
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
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 Article 28 (Retention of Existing Factories, etc.)   print
(1) The extent of existing factories, buildings, and structures (hereinafter referred to as "existing factories, etc.") which can be retained in an industrial complex under Article 30 of the Act, shall be as follows:
1. Existing factories, etc. for which it is deemed unnecessary to execute a new development project because the existing conditions of use have been good;
2. Existing factories, etc. used for a purpose appropriate for the land utilization plan according to the industrial complex development plan;
3. Existing factories, etc. which do not obstruct the execution of a development project according to the execution plan for the industrial complex development.
(2) For the purposes of Article 30 (2) of the Act, "adjoin" means cases where the type of business of a factory in an individual location falls under the type of business to be invited according to the industrial complex development plan, which meets all the requirements in the following subparagraphs:
1. That there shall be no land or structure (excluding public facilities under Article 24-4) possessed by another person between it and the industrial complex;
2. That it shall not be separated from the industrial complex by geographical features and artificial structures, such as road, river, and park, of which the width is 20 meters or more.
[This Article Wholly Amended by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 29 (Application Mutatis Mutandis to Projects Other Than Industrial Complexes)   print
(1) For the purposes of Article 31 of the Act, "projects directly related to an industrial complex development project" means projects falling under each of the following subparagraphs: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007>
1. Projects for ports, roads, railroads, water supply facilities, sewerage, wastewater terminal treatment facilities, wastes disposal facilities, electricity facilities, or communications facilities;
2. Projects for gas or oil supply facilities;
3. Projects for the exploitation of earth extraction and stone quarries and stony hills adjacent to the industrial complex for the development of an industrial complex;
4. Dredging projects for the reclamation of land for an industrial complex;
5. River improvement projects.
(2) The provisions of Articles 12, 17 through 29, 32 through 38, and 47 through 52 of the Act shall apply mutatis mutandis in cases where any project falling under the subparagraphs of paragraph (1) is executed in the area adjacent to an industrial complex. In such cases, "industrial complex" under Article 12 (1) of the Act shall be regarded as the "area for which approval of the execution plan for a project other than industrial complexes is publicly notified"; "designation and public notification of industrial complex" or "approval and public notification of an agricultural and industrial complex execution plan" under Article 22 (2) of the Act shall be respectively regarded as the "public notification of approval of the execution plan for a project other than industrial complexes"; and "development plan (an execution plan in the case of an agricultural and industrial complex)" under Article 22 (3) of the Act shall be regarded as the "execution plan for a project other than industrial complexes". <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19503, Jun. 7, 2006; Presidential Decree No. 20317, Oct. 4, 2007>
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 Article 30 (Advance Payment)   print
(1) Any person who falls under Article 16 (1) 1 or 2 of the Act among project operators who intend to receive an advance payment pursuant to Article 32 of the Act shall obtain approval of the execution plan for the relevant industrial complex, and any person who falls under any of Article 16 (1) 3 through 6 shall meet the requirements according to the following after he/she has obtained approval of the execution plan for the relevant industrial complex: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008>
1. Any project operator who falls under Article 16 (1) 4 (only applicable to a corporation in which the total of investment rates of persons falling under Article 16 (1) 1 or 2 of the Act is 20/100 or more) of the Act: He/she shall secure the ownership of land equal to 30/100 or more of the project execution land area for which approval of the execution plan has been obtained, and shall commence the industrial complex development project;
2. Any project operator who falls under Article 16 (1) 3 or 4 (limited to a corporation in which the total of investment rates of persons falling under Article 16 (1) 1 or 2 of the Act is below 20/100), 5 and 6 of the Act: He/she shall meet the following requirements:
(a) He/she shall secure the ownership of land which he/she wishes to parcel out and cancel any mortgage created on the land concerned: Provided, That if he fails to secure the land ownership or cancel the mortgage for unavoidable reasons, a project operator, landowner, or mortgagee shall submit a notarized joint agreement specifying the following matters to the authority to approve an execution plan under Article 21 (2) of the Act (hereinafter referred to as "authority to approve an execution plan"):
(ⅰ) A landowner shall neither transfer the relevant land nor furnish it as security to a third party;
(ⅱ) If a person who has made an advance payment uses the relevant land after obtaining approval for completion or permission for the use prior to the approval for completion, the landowner and the mortgagee shall transfer, without delay, the ownership and cancel the mortgage;
(b) The work progress ratio of the development project in respect of the land which he/she wishes to parcel out, shall have reached 10/100: Provided, That the development project executed by a project operator falling under Article 19 (2) 1 shall be excluded;
(c) He/she shall furnish a surety or a written guarantee, etc. (referring to written guarantees, insurance policies, time deposit certificates, beneficiary certificates, etc. as referred to in Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which the State is a Party; hereinafter the same shall apply), which states the guarantee, insurance amount and period, etc. of the following contents, to the authority to approve an execution plan, to guarantee the refund of the advance payment in cases where the contract for prior parcelling out of the land fails to be performed:
(ⅰ) The guarantee or insurance amount shall be an amount exceeding the amount of the advance payment added by an amount equivalent to an agreed interest (referring to the amount calculated by an interest rate level of bill loans applied by commercial banks except local banks) accrued during the period corresponding to the guarantee or insurance period for the amount;
(ⅱ) The starting date of guarantee or insurance period shall precede the date of receipt of the advancement payment and the expiration date shall be not less than 30 days from the scheduled date of completion:Provided , That if he/she extends the project period, he/she shall submit a written guarantee, etc. to the effect that the period of the initial guarantee or insurance period shall be added to the intended period of extension.
(2) No project operator shall furnish the relevant land as a security after he/she has parcelled out such land in advance or provided the facilities for a use under paragraph (1).
(3) If a project operator fails to carry out the project or is deemed to have no capacity to carry it out according to the advance parcelling-out contract, the authority to approve an execution plan may use a written guarantee, etc. to refund the advance payment before the completion of the relevant industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
[This Article Wholly Amended by Presidential Decree No. 14429, Dec. 16, 1994]
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 Article 31 (Installation Charges)   print
(1) For the purposes of Article 33 (1) of the Act, "public facilities prescribed by Presidential Decree" means facilities falling under each of the following subparagraphs: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16891, Jul. 1, 2000; Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
1. Approach roads and main roads of an industrial complex;
2. Green areas and parks to be preserved in an industrial complex (referring to those determined as urban planning facilities as referred to in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act);
3. Water supply facilities, sewerage facilities, electric power, telecommunications facilities, wastewater terminal treatment facilities, and wastes disposal facilities;
4. Public facilities to be gratuitously reverted to the State or local governments under Article 26 of the Act.
(2) Construction expenses for public facilities as referred to in paragraph (1) shall be the total amount of construction expenses, survey expenses, design expenses, compensation expenses, and other expenses calculated on the basis of the criteria as referred to in Article 40 (5). <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(3) Installation charges to be paid by the owner of retained installations or a person who receives the right to buy such installations after the development thereof pursuant to Article 33 of the Act, shall be the amount obtained by dividing construction expenses for public facilities under paragraph (2) by the total area parcelled-out after the development thereof (including the total site area of the existing factories, etc.), and then multiplying such divided expenses by the site area owned by a person liable to pay the installation charges: Provided, That where requiring the owner of the retained installations to bear the installation charges, they may be reduced for each facility as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008>
(4) If there are two or more project operators in applying the provisions of Article 33 (1) of the Act, the expenses of public facilities installed in the relevant industrial complex shall be borne by respective project operators in shares in proportion to the individually available area parcelled out to the project operator of the total available area (including the total site area of the existing factories, etc.) of the relevant industrial complex. <Newly Inserted by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996>
(5) Notwithstanding the provisions of paragraph (4), if public facilities are installed for the exclusive use of any particular project operator the authority to approve an execution plan may have the relevant project operator who will use the public facilities bear all or part of the installation expenses, taking into account comprehensively the location, the purpose of installation, utilization status and regional conditions of such public facilities. <Amended by Presidential Decree No. 14002, Nov. 6, 1993>
(6) If a project operator or the authority to approve the execution plan of an industrial complex intends to impose installation charges pursuant to Article 33 (1) or (2) of the Act, he/she shall specify the name of the public facilities, the total amount of installation charges, the amount to be paid, payment method, time limit for payment, etc. and notify in writing the person liable to bear such charges thereof: Provided, That where the project operator or the authority to approve the execution plan of an industrial complex intends to have the owner of the retained facilities pay the installation charges, he/she shall hear in advance the opinions of the owner of relevant facilities. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 19451, Apr. 20, 2006>
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 Article 32 Deleted.<by Presidential Decree No. 15818, Jun. 24, 1998>   print
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 Articles 33 and 34 Deleted.<by Presidential Decree No. 20317, Oct. 4, 2007>   print
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 Article 35 (Employment of Migrants)   print
(1) If it is deemed necessary for the stable living of migrants or residents of neighboring areas under Article 36 (2) of the Act, a project operator may make lists of job-seekers and job-offers by occupant enterprisers in the industrial complex, respectively, and make an application for job-seeking and job-offering to the head of the competent local employment and labor office or the head of a Si/Gun. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 22269, Jul. 12, 2010>
(2) The head of a local employment and labor office or the head of a Si/Gun who receives an application for job-seeking and job-offering under paragraph (1) shall actively carry on job placement services by providing job-providers with a list of job-seekers meeting the job-offering requirements and job-seekers with a list of job-offerers meeting the job qualification requirements. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 22269, Jul. 12, 2010>
(3) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
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 Article 36 (Authorization of Completion)   print
(1) If a project operator wishes to obtain authorization of completion under Article 37 (1) of the Act, he/she shall submit a written application for authorization of completion, which states matters falling under each of the following subparagraphs to the authority to approve the execution plan for the industrial complex: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Name (in cases of a corporation, its title and name of its representative) and address of the project operator;
2. Name of the project;
3. Location and size of the project execution area;
4. The period of execution of the project;
5. The land utilization plan;
6. Infrastructure facilities.
(2) A written application for authorization of completion of work under paragraph (1) shall be accompanied by documents and drawing plans falling under the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 16515, Aug. 6, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 22449, Oct. 14, 2010>
1. Design documents of completion of work (including photographs of completion of work);
2. A land register survey performance map issued by the head of a Si/Gun;
3. A disposal plan for the land, facilities, etc. developed under Article 38 of the Act;
4. A reversion protocol and drawings of public facilities, land, etc. under Article 26 of the Act (including an appraisal protocol by a certified public appraiser under the Public Notice of Values and Appraisal of Real Estate Act in respect of disused public facilities, land, etc. and a detailed statement of the basis for calculation of construction expenses of newly installed public facilities in cases of a project operator under Article 16 (1) 2 through 6 of the Act: Provided, That this shall not apply where the authority to approve an execution plan recognizes that installation expenses of newly installed public facilities are larger than the amount of appraisal and assessment on disused public facilities, land, etc.);
5. A land substitution plan and an old and new land register comparison diagram (limited to cases of land substitution under Article 24 of the Act);
6. A detailed statement of land to be acquired by a project operator under Articles 46 and 35 (4) of the Public Waters Management and Reclamation Act, and Article 51 of the Enforcement Decree of the same Act and land, etc. to be reverted to the State or local governments (limited to cases of reclaiming public waters).
(3) If the authority to approve an execution plan receives an application or authorization of completion of work referred to in paragraph (1), the authority shall inform the head of a national agency or local government who will take over or manage public facilities included in the contents of an application for authorization of completion of work by specifying the schedule for inspection on completion of work five days prior to the inspection date, and the head of a national agency or local government who wishes to participate in the inspection on completion of work shall request participation prior to the date of inspection on completion of work. <Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996>
(4) The authority to approve an execution plan who receives an application for authorization of completion of work referred to in paragraph (1) shall deliver a certificate of authorization completion of work, if it is deemed that the relevant industrial complex development project has been completed according to the approved execution plan under Articles 17 through 19 of the Act by conducting the inspection on completion of work. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(5) Matters to be publicly announced under Article 37 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 14002, Nov. 6, 1993; Presidential Decree No. 15098, Jun. 29, 1996>
1. Name of the project;
2. Name (in cases of a corporation, its title and name of its representative) and address of the project operator;
3. Location and size of the project execution area;
4. Date of authorization of completion of work;
5. Management and disposal plan of public facilities, land, etc.
(6) Where a project operator obtains authorization of completion of work as referred to in paragraph (4), he/she shall notify the contents falling under the subparagraphs of paragraphs (1) and (2) to the industrial complex management agency concerned as referred to in Article 30 (2) of the Industrial Cluster Development and Factory Establishment Act within one month therefrom. <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005>
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 Article 37 (Use of Land, etc. before Authorization of Completion of Work)   print
(1) Where a person who purchases land for industrial facilities in lots desires to use the land or facilities before obtaining authorization of completion of work under the proviso to Article 37 (7) of the Act, he/she shall submit a written application for use before authorization of completion of work to the project operator by specifying the scope of such use under conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(2) If any person who has been designated as a project operator pursuant to Article 37 (8) intends to obtain a prior approval of the authority to approve an execution plan in order to use facilities which he has installed before authorization of completion of work, he/she shall present a written application for use before authorization of completion of work under paragraph (1) to the authority to approve an execution plan. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(3) A project operator and the authority to approve an execution plan who has received an application for use before authorization of completion of work under paragraphs (1) and (2) shall, except for cases falling under any of the following subparagraphs, allow the applicant to use the relevant land or facilities without delay. In such cases, if the land or facilities to be used before authorization of completion of work include public or national property, the applicant shall acquire the ownership of the relevant property prior to its use: <Amended by Presidential Decree No. 19451, Apr. 20, 2006; Presidential Decree No. 21041, Sep. 25, 2008>
1. If a supplier of electricity, communication, gas, etc. confirms that the supply of electricity, communication, gas, etc. upon the moving-in of the applicant or the operation of factories, etc. (hereinafter referred to as "time of moving-in") is impossible;
2. If the head of a competent Si/ Gun has informed that an opening of roads and a supply of tap water sources is impossible as at a time of moving-in;
3. If, in cases of moving-in of pollution-generating enterprises, the operation of sewage, waste water, or wastes treatment facilities is difficult by the time of moving-in, and the establishment of the plan for substitute treatments is impossible;
4. If there exists, in addition thereto, a special reason for impossibility of any use of the created site or installed facilities.
[This Article Wholly Amended by Presidential Decree No. 16203, Mar. 26, 1999]
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 Article 38 (Transfer of Developed Land, Facilities, etc.)   print
If a project operator wishes to transfer developed land, facilities, etc. under Article 38 (1) of the Act, he/she shall prepare a protocol on the transfer in which a list and the value of the property is indicated, and send such protocol to the prospective transferee.
[This Article Wholly Amended by Presidential Decree No. 14002, Nov. 6, 1993]
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 Article 39 (Parcelling-Out of Developed Land, Facilities, etc.)   print
(1) If a project operator wishes to parcel out developed land, facilities, etc. to a person who wishes to move into the relevant industrial complex and carry on a business under Article 38 (1) of the Act, he/she shall prepare a parcelling-out plan and parcel them out according to the plan. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A parcelling-out plan as referred to in paragraph (1) shall include the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. A detailed statement of land, facilities, etc. to be parceled out;
2. Qualifications of those eligible for parcelling out;
3. Time, method and conditions of parcelling out;
4. Method of determining the parcelling-out price;
5. Matters on the advance payment and its payment.
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 Article 40 (Determination, etc. of Parcelling-Out Price)   print
(1) In cases where a project operator parcels out developed land, facilities, etc. as an industrial facilities site as provided for in Article 38 (1) of the Act, the development cost shall be the parcelling-out price. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
(2) In cases where a project operator is a person falling under Article 16 (1) 3 through 6 of the Act, the amount calculated by adding appropriate profit to the development cost may be set as the parcelling-out price. In such cases, the appropriate profit shall be calculated by multiplying the development cost by the profit rate set by Municipal Ordinance of a Si/Do within the extent of 15/100. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21590, Jun. 30, 2009>
(3) If falling under any of the following subparagraphs, a project operator may determine the parcelling-out price at or below the development cost, notwithstanding the provisions of paragraphs (1) and (2): <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
1. For the more effective attraction of enterprises;
2. For the smooth provision of an industrial facility site to the owner of factories or distribution facilities to be relocated according to the implementation of public works under Article 4 of Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor;
3. Other cases where a project operator deems as necessary.
(4) Notwithstanding paragraphs (1) and (3), a project operator may set a separate parcelling-out price of land by adding interest under Article 379 of the Civil Act accrued for a period between the date when five years have passed from the completion of construction and the date when contract is concluded to the initial parcelling-out price, in cases where the land is supplied at or below the development cost, out of the land remaining not parcelled out after a lapse of five years from the completion of construction. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
(5) If it is deemed particularly necessary, in view of regional conditions and supply and demand of industrial facilities sites, the Minister of Land, Transport and Maritime Affairs may determine a parcelling-out price separately, notwithstanding the provisions of paragraph (1). <Amended by Presidential Decree No. 15098, Jun. 29, 1996; Presidential Decree No. 20722, Feb. 29, 2008>
(6) The parceling-out price of a site supplied for a use other than for the sites for industrial facilities as referred to in paragraph (1) shall be the amount appraised by a certified public appraiser as referred to in subparagraph 9 of Article 2 of the Public Notice of Values and Appraisal of Real Estate Act: Provided, That cases where the parceling-out price may not be the appraised amount, and the relevant parceling-out price shall be as follows: <Amended by Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20317, Oct. 4, 2007>
1. Where parceling out sites for logistics facilities, such as public freight terminal sites and collection-distribution complexes, and vocational facilities, which are directly needed to support the production activities of the persons moving in to an industrial complex: Development cost;
2. Where parceling out sites for school facilities, day-care facilities, public medical facilities, public welfare facilities, national housing (limited to a site not exceeding 60 square meters), rental housing, and research facilities: Development cost or a price below the development cost;
3. Sites to be used for profit-making purposes, such as sites for sales facilities (excluding cases of facilities sites under subparagraph 2 of Article 13-3 of the Enforcement Decree of the Housing Site Development Promotion Act): Highest price at competitive bidding;
4. Where a project operator deems it necessary: Price not more than appraised amount: Provided, That any co-owned property shall be excluded.
(7) Any project operator who falls under Article 16 (1) 1 and 2 of the Act shall use not less than 50/100 of earnings accruing from the sale of sites which are supplied for a use other than sites for industrial facilities in the relevant industrial complex (excluding special area development projects under Article 39 of the Act), for the reduction of parcelling-out prices of the relevant sites for industrial facilities and reinvestment in infrastructure or such: Provided, That this shall not apply in cases where he/she falls under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
1. Where the project operator leases not less than 20/100 of the area of the sites for industrial facilities;
2. Where the area of the sites supplied at the price higher than the development cost is under 10/100 of the total area of the industrial complex.
(8) Earnings accruing from the sale of sites, other than sites for industrial facilities under paragraph (7), shall be calculated on the basis of profits estimated pursuant to the business plan. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(9) The development cost as referred to in paragraphs (1) and (4) shall be the total amount of site expenses, construction expenses, direct personnel expenses, expenses for relocation measures, sales expenses, general management expenses, capital costs, and other expenses. <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
(10) If a project operator parcels out sites for industrial facilities at a price not higher than the development cost under the proviso to paragraph (2) or (4), he/she may compensate for the losses by sales proceeds of sites other than those for industrial facilities of the relevant industrial complex or sales proceeds of sites for industrial facilities of any other industrial complex. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(11) If a project operator parcels out sites for industrial facilities before the authorization of completion of work, he/she may settle the accounts on the basis of the total project expenses disbursed for the relevant industrial complex development project plus reasonable profits, after the authorization of completion of work. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(12) A person who has been parcelled out land, etc. may require a project operator to terminate the contract without paying any penalty if the amount to be settled pursuant to paragraph (10) has increased by 15/100 or more in excess of the advance payment: Provided, That the same shall not apply where the authority to approve an execution plan deems that such amount has increased by 15/100 or more as a result of the enactment and amendment of the relevant Acts and subordinate statutes or changes in government policy leading to increase in the parcelling-out price. <Amended by Presidential Decree No. 21041, Sep. 25, 2008>
(13) In settling the accounts in respect of a person who has made an advance payment, the amount equivalent to the interest rate of a time deposit with one-year maturity of a commercial bank accrued between the advance payment date and the settlement date, shall be deducted from the amount to be settled.
(14) Where a person who purchases sites for industrial facilities in an industrial complex parcelled out by the project operator referred to in Article 16 (1) 1 and 2 of the Act has inevitable causes that it is difficult to maintain the initial contract due to bankruptcy, managerial difficulty or other causes determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, he/she may request to reduce the parcelling-out area or cancel the parcelling-out contract without paying a penalty in whole (limited to cases where the parcelling-out area is reduced and where the reduced area is not more than 30/100 of the initial parcelling-out area) or without paying a penalty equivalent to 30/100 of the initial parcelling-out area (limited to cases where the parcelling-out area is reduced and where the reduced area exceeds 30/100 of the initial parcelling-out area and the parcelling-out contract is cancelled) prior to the completion of the industrial complex: Provided, That the same shall not apply to any of the following cases: <Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 20722, Feb. 29, 2008>
1. Where it is difficult for him/her to solely supply sites which have been reduced or cancelled due to the reduction in parcelling-out area or cancellation of parcelling-out contract as sites for industrial facilities;
2. Where he/she obtains permission for use prior to the completion authorization for the parcelled-out land.
(15) A project operator shall have evidencing papers by item necessary for the calculation of development cost as provided for in paragraph (9), or settlement of accounts, etc. as provided for in paragraph (11). <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 21041, Sep. 25, 2008>
[This Article Wholly Amended by Presidential Decree No. 14429, Dec. 16, 1994]
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 Article 40-2 (Public Tender, etc. for Long-term Unparcelled Sites)   print
(1) A project operator may conduct a public tender under the Act on Contracts to Which the State is a Party to promote parcelling-out where one year has passed since the completion of work of an industrial complex development project and the sites for industrial facilities are not parcelled out. <Amended by Presidential Decree No. 18755, Mar. 25, 2005>
(2) A public tender referred to in paragraph (1) shall be conducted for only once: Provided, That the same shall not apply where a project operator deems necessary to promote parceling-out.
(3) Where the amount of a successful tender falls short of the development cost as a result of a public tender referred to in paragraph (1), a local government may subsidize, in part, the amount of loss.
(4) Where a project operator deems necessary for a smooth public tender, he/she may entrust the Korea Asset Management Corporation, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act, or the Korea Industrial Complex Corporation under the Industrial Cluster Development and Factory Establishment Act with offering such tender. <Amended by Presidential Decree No. 16709, Feb. 14, 2000; Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 21744, Sep. 21, 2009>
(5) If a public tender is entrusted pursuant to paragraph (4), commission fees shall not exceed 1/100 of the parcelling-out price.
(6) A project operator may, where the sites for industrial facilities are not parcelled out, notwithstanding a public tender referred to in paragraph (1), convert the sites into those for rent, or request a broker under the Real Estate Brokerage Act to mediate the parceling-out of the sites. <Amended by Presidential Decree No. 18755, Mar. 25, 2005>
[This Article Newly Inserted by Presidential Decree No. 15818, Jun. 24, 1998]
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 Article 40-3 (Use of Gains from Parcelling-Out Generated from Building Construction)   print
(1) The gains from parcelling-out (hereafter referred to as "gains from parcelling-out" in this Article) which are generated from building construction under Article 38 (5) of the Act shall be calculated by subtracting appropriate profit from the estimated profit according to the business plan.
(2) The appropriate profit under paragraph (1) shall be calculated by multiplying the construction cost by the profit rate set by the Minister of Land, Transport and Maritime Affairs within the extent of 15/100. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(3) The gains from parcelling-out shall be used for the following purposes:
1. Construction of public facilities as provided for in the subparagraphs of Article 31 (1) within an industrial complex;
2. Decrease in the parcelling-out price of an industrial facilities site.
(4) The accounts of gains from parcelling-out and appropriate profit shall be settled when an application for authorization of the completion of construction is made.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 41 (Rent of Developed Land, Facilities, etc.)   print
(1) If a project operator wishes to directly rent out developed land, facilities, etc. to a person who wishes to move into the relevant industrial complex and carry on a business under Article 38 (1) of the Act, he/she shall prepare a project plan on the lease and submit it to the authority to approve the execution plan. <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
(2) A project plan on the lease as referred to in paragraph (1) shall include the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. A detailed statement of land, facilities, etc. to be rented out;
2. The timing and method of rent and eligibility of those who may rent such land, facilities, etc.;
3. The categories of business to be attracted, and their size;
4. Criteria for calculation of lease deposits and rents;
5. Follow-up management and operational plan.
(3) and (4) Deleted. <by Presidential Decree No. 15098, Jun. 29, 1996>
(5) Matters necessary for the management of land, facilities, etc. rented out according to the project plan as referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008>
(6) "Rate prescribed by Presidential Decree" in Article 38 (6) of the Act means the rate according to the following classification: <Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007>
1. Industrial complexes designated within the Seoul Metropolitan area: 10/100;
2. Industrial complexes designated within an area, other than the Seoul Metropolitan area: 5/100.
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 Article 42 (Criteria for Calculation of Rents, etc.)   print
(1) If a project operator rents out developed land, facilities, etc. under Article 41, criteria for the lease deposits and rents shall be as follows: <Amended by Presidential Decree No. 17886, Jan. 14, 2003; Presidential Decree No. 20722, Feb. 29, 2008>
1. Lease deposits: 10/100 of the parcelling-out price determined under Article 40;
2. Rents of land, facilities, etc. to be rented out: The amount obtained by multiplying the parcelling-out price determined under Article 40 by the rate of rent prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;
3. Deleted. <by Presidential Decree No. 17886, Jan. 14, 2003>
(2) The lease period for land, facilities, etc. as referred to in paragraph (1) shall be not more than ten years, and if the lessee wishes to renew the lease contract after the expiry of the lease period, the lessor shall comply therewith unless there exists any special reason to the contrary.
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 42-2 Deleted.<by Presidential Decree No. 21041, Sep. 25, 2008>   print
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 Article 42-3 (Supply Methods and Disposal Procedures, etc. of Developed Land, Facilities, etc.)   print
(1) If a project operator wishes to parcel out or rent out developed land, facilities, etc., he/she shall publicly announce major contents thereof, such as criteria for prices, eligibility, and method of selecting those eligible for the lease, in a daily newspaper published in the capital city or the district concerned, as determined by the parcelling-out plan and rental business plan (hereafter referred to as "disposal plan" in this Article) as referred to in Articles 39 and 41.
(2) A person who wishes to win the ownership of, or rent, any developed land, facilities, etc. pursuant to paragraph (1), shall submit to a project operator a written application for the parcelling-out or lease thereof.
(3) A project operator shall select those eligible for the parcelling-out or rent from among applicants referred to in paragraph (2) according to the qualifications as specified in a disposal plan, and select those by a method of drawing where those eligible for parcelling-out or rent compete among themselves: Provided, That in cases of sites for industrial facilities, he/she may preferentially select a person who falls under any of the following subparagraphs: <Amended by Presidential Decree No. 18039, Jun. 30, 2003; Presidential Decree No. 18755, Mar. 25, 2005; Presidential Decree No. 20261, Sep. 10, 2007; Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 21817, Nov. 10, 2009; Presidential Decree No. 21835, Nov. 20, 2009; Presidential Decree No. 22103, Mar. 26, 2010; Presidential Decree No. 22273, Jul. 12, 2010>
1. A person who intends to relocate from a over-concentration control region referred to in Article 6 of the Seoul Metropolitan Area Readjustment Planning Act;
2. A person who intends to construct a knowledge industry center under subparagraph 13 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
3. Deleted; <by Presidential Decree No. 21041, Sep. 25, 2008>
4. A person who intends to obtain approval for a cooperation action plan and execute such plan under Article 29 of the Small and Medium Enterprises Promotion Act;
5. A person required to relocate according to a renovation plan;
6. A person who owns factories or logistics facilities required to relocate under the relevant Acts;
7. Model enterprises for mitigation of disasters under subparagraph 6 of Article 2 of the Act on Assistance to Autonomous Corporate Activities for the Mitigation of Disasters;
8. The owner of a factory for which the Mayor/Do Governor recognizes the need for relocation into his/her jurisdiction among factories, the additional construction of which is restricted for reasons falling under any of the subparagraphs of Article 93 (1) of the Enforcement Decree of National Land Planning and Utilization Act.
(4) Notwithstanding paragraph (3), a project operator may supply an enterprise which concludes an occupany agreement with the authority to designate an industrial complex pursuant to Article 7 (2) 3 and which is included in the placement plan of types of business to be invited for an industrial complex development plan with a site for industrial facilities to be directly used by the enterprise by a private contract in consultation with the authority to designate an industrial complex. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008; Presidential Decree No. 21817, Nov. 10, 2009>
(5) Notwithstanding paragraph (3), with respect to sites for industrial facilities at the ratio prescribed in the following subparagraphs, the Mayor/Do Governor may separately prescribe methods of selection of persons eligible for parcelling-out of the sites by municipal ordinances, such as the order of priority of occupancy, etc., in consideration of industrial circumstances, etc. of the relevant area: <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
1. National industrial complexes: 10/100;
2. General industrial complexes, up-to-date city industrial complexes, agricultural and industrial complexes: 30/100.
(6) Article 13-2 (1) through (7) of the Enforcement Decree of the Housing Site Development Promotion Act shall apply mutatis mutandis to supply methods of sites which are supplied for a use other than sites for industrial complexes. <Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008>
(7) If a project operator parcelles out or rents out developed land, facilities, etc., he/she shall notify the authority to manage the relevant industrial complex and the authority to designate an industrial complex of the contents thereof within 15 days. <Amended by Presidential Decree No. 20317, Oct. 4, 2007>
[This Article Newly Inserted by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 43 (Entrustment of Parcelling-Out or Renting Out Business)   print
(1) If a project operator wishes to entrust the parcelling-out or renting-out business for developed land, facilities, etc. under the proviso to Article 38 (1) of the Act, he/she shall enter into an entrustment contract with the Industrial Complex Management Corporation.
(2) A written entrustment contract as referred to in paragraph (1) shall include the following matters:
1. Scope of business to be entrusted;
2. Promotion plan of entrusted business;
3. Method of price payment;
4. Matters on conditions of entrustment and termination thereof.
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
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 Article 43-2 Deleted.<by Presidential Decree No. 22103, Mar. 26, 2010>   print
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 Article 43-3 (Standards for Designation and Methods of Supply of Exclusive Complexes for Moving Enterprises)   print
(1) If the Mayor/ Do Governor intends to designate an exclusive industrial complex for enterprises moving into the provinces pursuant to Article 38-5 (1) of the Act (hereinafter referred to as "exclusive complexes for moving enterprises"), the area of occupancy by the enterprises located in the Seoul Metropolitan area to move into the complex shall be not less than 60/100 of the area of sites for industrial facilities in the relevant exclusive complex for moving enterprises: Provided, That in line with the relocation of a large enterprise (referring to an enterprise which is not a small and medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises: hereinafter the same shall apply), if it is expected that enterprises in relations of cooperation in production of products of the relevant enterprise (hereinafter referred to as "cooperative enterprises") move together, an exclusive complex for moving enterprises may be designated when the area of occupancy by a large enterprise which is moving into the complex is not less than 50/100 of the area of a site for industrial facilities in the exclusive complex for moving enterprises intended to be designated.
(2) Sites for industrial facilities in an exclusive complex for moving enterprises may be supplied preferentially to a moving enterprise which has entered into an agreement for relocation of enterprise with the authority to designate an industrial complex (including cooperative enterprises in cases where a moving enterprise is a large enterprise).
(3) The area of occupancy for a moving enterprise under paragraph (1) shall be calculated on the basis of objective data, such as a written agreement for relocation enterprise concluded pursuant to paragraph (2) or such.
(4) The extent of cooperative enterprises under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
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 Article 43-4 (Operation, etc. of Difficulty Solving Committee)   print
(1) The chairperson of the difficulty solving committee for moving enterprises under Article 38-7 of the Act (hereinafter referred to as the "difficulty solving committee") shall represent the difficulty solving committee and preside over the affairs of the committee.
(2) When the chairperson of the difficulty solving committee (hereinafter referred to as the "Chairperson") is unable to perform his/her duties for any unavoidable reason, members of the difficulty solving committee in the order prescribed in Article 38-7 (2) 1 of the Act shall perform duties of the Chairperson on his/her behalf.
(3) The Chairperson shall convene a meeting of the difficulty solving committee and be the chairperson thereof.
(4) If the Chairperson intends to convene a meeting of the difficulty solving committee, he/she shall advise each member of the time, place and agenda for deliberation three days prior to the holding of a meeting: Provided, That this shall not apply in case of emergency.
(5) In cases where the Minister of Land, Transport and Maritime Affairs recognizes that it is required to deliberate on matters prescribed in subparagraphs of Article 38-7 (1) of the Act in connection with the preparation of an exclusive complex for moving enterprises or has received opinions from the head of a related central administrative agency or the Mayor/Do Governor that deliberation by the difficulty solving committee is necessary, he/she may request the Chairperson to convene the difficulty solving committee.
(6) A meeting of the difficulty solving committee shall be held with the attendance of a majority of the incumbent members, and a resolution shall be made by the consent of a majority of the members attended.
(7) In cases where it is necessary in the process of deliberation by the difficulty solving committee, the Chairperson may require the head of a local government, the head of a public corporation and any interested person in relation to the contents of deliberation by the difficulty solving committee to attend the meeting and hear their opinions.
(8) The Chairperson shall determine matters necessary for the operation of the difficulty solving committee, other than matters prescribed in paragraphs (1) through (7) through a resolution of the difficulty solving committee.
[This Article Newly Inserted by Presidential Decree No. 21041, Sep. 25, 2008]
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 Article 44 (Designation of Renovation Project Districts)   print
(1) Under Article 39-2 (3) of the Act, if an industrial complex renovation project district (hereinafter referred to as "renovation project district") extends over not less than two Cities/Dos or Sis/Guns/Gus, the designating authority of the renovation project district shall be determined after relevant Mayors/Do Governors or the heads of relevant Sis/Guns/Gus consult thereabout: Provided, That if relevant Mayors/Do Governors or the heads of relevant Sis/Guns/Gus fail to reach agreement after consultation, the Minister of Land, Transport and Maritime Affairs shall designate the designating authority of the renovation project district.
(2) Under Article 39-2 (4) of the Act, in any of the following cases, an industrial complex renovation project (hereinafter referred to as "renovation project") may be executed within a part of an industrial complex or area (referring to an industrial area falling under Article 36 (1) 1 (c) of the National Land Planning and Utilization Act; hereinafter the same shall apply):
1. Where the area subject to a renovation project is less than 50/100 of the area of the designated industrial complex;
2. Where the land utilization plan need not to be changed but the maintenance, repair, improvement or expansion of supporting facilities, infrastructure, etc. is deemed necessary.
(3) For the purposes of the latter parts of Article 39-2 (5) and (7) of the Act, "when he/she intends to modify important matters prescribed by Presidential Decree" means any time an alteration under any subparagraph of Article 7 (1) is made. In such cases, "an industrial complex" is construed as "a renovation project district".
(4) For the purposes of Article 39-2 (6) 14 of the Act, "other matters prescribed by Presidential Decree" means each of the following matters:
1. Execution period of a renovation project;
2. Supporting plan of major facilities for the development of a renovation project district;
3. Development plan of a substitute industrial complex (limited to cases where it is necessary);
4. Analysis data on demand for occupancy.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-2 (Public Announcement of Designation of Renovation Project Districts)   print
(1) When the Mayor/Do Governor or the head of a Si/Gun/Gu designates or changes a renovation project district pursuant to Article 39-3 (1) of Act, he/she shall publicly announce the following matters (in cases of changes, limited to changed matters): Provided, That where the matters under subparagraphs 3 and 9 have not been determined at the time the renovation project district is designated, such matters may be publicly announced once they are determined:
1. Name, location and area of the renovation project district;
2. Basic direction setting and purpose of the renovation project;
3. Renovation project operator;
4. Execution period and method of execution of the renovation project;
5. Type of the industrial complex in a legal fiction created by the designation of the renovation project district (limited to cases where an industrial area is included in a renovation project district);
6. Plans to rearrange industries and to advance category of business and demand survey;
7. Land utilization plan and major infrastructure plan;
8. Matters concerning project implementation in a staged manner;
9. A detailed list of land, building structures, and other things or rights to be expropriated or used, if any, and the names and addresses of the owners and interested persons under subparagraph 5 of Article 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor;
10. Perusal method of relevant documents;
11. Other matters prescribed by the Ministry of Land, Transport and Maritime Affairs.
(2) For the purposes of the proviso to Article 39-3 (2) of the Act, "period prescribed by Presidential Decree" means one year from the day on which the person is designated as the renovation project operator under Article 16 of the Act which applies mutatis mutandis pursuant to Article 39-10 of the Act.
(3) The perusal period of relevant documents under Article 39-3 (4) shall not less than 14 days.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-3 (Consent of Landowners, etc.)   print
(1) The method of computing the number of consenters under Article 39-4 (2) of the Act is as follows:
1. Where one piece of land is jointly owned by several persons: Only one representative co-owner having the consent of other co-owners is deemed the owner: Provided, That each sectional owner under subparagraph 2 of Article 2 of the Act on the Ownership and Management of Aggregate Buildings is deemed one landowner;
2. Where one building is jointly owned by several persons: Only one representative co-owner having the consent of other co-owners is deemed the owner of a building;
3. Where the number of landowners and building owners increases as a sectional ownership under subparagraph 2 of Article 2 of the Act on the Ownership and Management of Aggregate Buildings is split since the date of public inspection and announcement under Article 44-4 (1): The number of consenters shall be computed based on the number of owners before the date of public inspection and announcement, and the increase in the number of owners thereafter shall not be additionally included in the total number of owners;
4. A person whose resident registration number is not recorded at the time the person is registered as the owner in the certified copy of a land register, building register, land cadastre and building ledger, whose recorded address is different from the current address, and whose whereabouts are unknown shall not be counted in the number of landowners, persons with superficies, and building owners.
(2) When the Mayor/Do Governor or the head of a Si/Gun/Gu intends to obtain consent or the subsequent retraction thereof from landowners, persons with superficies, and building owners, he/she shall require them to submit the consent form or consent retraction form prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and shall require the representative owner of any co-owned land, superficies or buildings to submit the consent form for designation of the representative, along with aforesaid forms.
(3) In addition to matters provided for in paragraphs (1) and (2), detailed matters concerning the method, procedure, etc. of computing the number of consenters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-4 (Hearing Opinions of Factory Owners, etc)   print
(1) When the Mayor/Do Governor or the head of a Si/Gun/Gu intends to hear opinions of residents, factory owners, etc. pursuant to Article 39-5 (1) of the Act, he/she shall publicly announce the following matters in not less than two general daily newspapers circulated nationwide or in the relevant regions which are registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, etc., or in the Internet homepage of the relevant City/Do or Si/Gun/Gu, and make them available for inspection by the public for not less than 14 days: Provided, That where the area of a renovation project district is less than 100 thousand square meters, the following matters may be publicly announced in the official report or the Internet homepage of the relevant City/Do or Si/Gun/Gu, instead of in the general daily newspapers:
1. Outline of the designation of the renovation project district and renovation plan to be drafted;
2. Matters concerning the renovation project operator and execution method of the renovation project;
3. Period of public inspection;
4. Other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) A person who has an opinion about the matters publicly announced under paragraph (1) may submit his/her statement to the person who has publicly announced the designation of the renovation project district within the period of public inspection under paragraph (1) 3.
(3) The Mayor/Do Governor or the head of a Si/Gun/Gu shall review whether to reflect the opinion submitted under paragraph (2) in the matters publicly announced and notify the results thereof to the person who has submitted his/her opinion within 30 days after the period of public inspection expires.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-5 (Request for Designation of Renovation Project Districts by Private Enterprises, etc.)   print
Article 13 (2) through (7) shall apply mutatis mutandis to requests designation of renovation project districts by private enterprises, etc. under Article 39-7 of the Act. In such cases, "an industrial complex" shall be construed as "a renovation project district", "an application for designation of industrial complex" as "an application for designation of renovation project district", "a designating authority of industrial complexes" as "Mayor/Do Governor or the head of a Si/Gun/Gu", "national industrial complexes, general industrial complexes or up-to-date city industrial complexes" as "renovation project districts", respectively, and "relation to other industrial complex development plans" shall be construed as "relation to other industrial complex development plans or renovation plans".
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-6 (Approval of Renovation Execution Plans)   print
(1) A person who intends to execute a renovation project shall submit, to the designating authority of renovation project districts, an application for approval of renovation execution plan stating the following matters within one year and six months from the day on which the person is designated as the renovation project operator under Article 16 of the Act which applies mutatis mutandis pursuant to Article 39-10 of the Act:
1. Name and address of the renovation project operator (in cases of a corporation, the title of the corporation and name of its representative);
2. Name of the renovation project;
3. Purposes of the renovation project;
4. Location and size of the renovation project to be executed;
5. Execution method and period of the renovation project;
6. Land utilization status in the project execution area;
7. Land utilization plan and infrastructure facilities plan;
8. Plan for creating a substitute industrial complex and constructing temporary operation facilities;
9. Disposal plan of wastes to be generated in the course of executing the renovation project.
(2) The following documents and drawings shall be attached to the application for approval of renovation execution plan under paragraph (1). In such cases, the designating authority of renovation project districts shall verify a cadastral map through the sharing of administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Presidential Decree No. 22151, May 4, 2010>
1. Drawings of location;
2. Floor plans and detailed design drawings and documents (including an explanatory note on reclamation works prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs if the renovation execution plan includes the reclamation of public waters);
3. Project costs and financing plans (including annual investment plans);
4. A cost-bearing plan for infrastructure;
5. A plan for the management and disposal of land or facilities to be developed;
6. A detailed statement on existing factories, buildings, etc. to be retained in the project execution area;
7. A detailed statement on buildings, structures, etc. in the renovation project district deemed detrimental to the execution of the renovation project;
8. Documents on the purchase of and compensation for land, buildings, rights, etc. in the project execution area and relocation plans of residents;
9. A plan for creating a substitute industrial complex and constructing temporary operation facilities;
10. A plan for gratuitous reversion and replacement of public facilities, land, etc.;
11. A calculation statement of installation costs of public facilities to be reverted to the State or local governments and a written evaluation on the existing public facilities to be reverted or transferred to the renovation project operator;
12. A plan for the vicarious execution of the renovation project (limited to cases where such plan is available);
13. Related documents and drawings necessary for the determination of urban management planning (including district-unit planning);
14. A land substitution plan for former land owners (limited to cases where such land substitution plan is available);
15. A disposal plan of wastes to be generated in the course of executing the renovation project;
16. Documents regarding the effect on the conservation of cultural assets;
17. A survey report on damage impact on public waters, etc. (limited to the reclamation of public waters).
(3) When a renovation project operator requests an extension of the application period of approval under paragraph (1) due to inevitable causes, the designating authority of renovation project districts may extend the period up to six months.
(4) Cases where matters requiring no approval of the designating authority of renovation project districts under the latter part of Article 39-9 (1) of the Act means the cases under the subparagraphs of Article 21-2 (1).
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-7 (Public Announcement of Approval of Renovation Execution Plans)   print
For the purposes of Article 39-9 (3) of the Act, "matters prescribed by Presidential Decree" means the matters under the subparagraphs of Article 23-2.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-8 (Application Mutatis Mutandis, etc. to Renovation Projects)   print
(1) Articles 4 through 6, 14 (limited to cases where Article 12 of the Act applies mutatis mutandis pursuant to the proviso to Article 39-10 (1) of the Act), 15, 19, 20, 24, 24-2 through 24-4, 25, 27, 27-2, 28 through 31, 35 through 40 (excluding Article 40 (7)), 40-2, 40-3, 41, 42, 42-3, 43, 47-3 and 47-4 shall apply mutatis mutandis to renovation projects. In such cases, "an industrial complex" is construed as "a renovation project district", "a development plan" as "a renovation plan", "designating authority of industrial complexes" and "approval authority of execution plans" as "Mayor/Do Governor or the head of a Si/Gun/Gu", respectively, and "an execution plan of industrial complex development" shall be construed as "a renovation execution plan".
(2) Items of expenses the State of local governments may subsidize pursuant to Article 28 of the Act which applies mutatis mutandis pursuant to the main sentence of Article 38 (1) of the Act are as listed below. In such cases, the scope and ratio of subsidization to a renovation project may be separately prescribed by the Minister of Land, Transport and Maritime Affairs, following the deliberation thereon by the Deliberation Committee:
1. Land purchase cost of a renovation project district and land development cost for developing a renovation project district;
2. Construction cost of arterial roads, green facilities, parks, parking lots and common utility ducts;
3. Construction cost of water supply facilities, sewerage and waste water terminal treatment facilities;
4. Infrastructure cost, such as access roads, power, communication facilities, etc, in a renovation project district;
5. Relocation project cost;
6. Investigation cost of cultural assets and pollution status.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-9 (Supporting Measures for Occupant Enterprises)   print
(1) The Mayor/Do Governor or the head of a Si/Gun/Gu shall investigate the operation status of occupant enterprises in a renovation project district including the following matters before establishing the renovation plan under Article 39-12 (1) of the Act:
1. Number of buildings, occupant enterprises, and workers;
2. Level of sales and form of business category by occupant enterprise;
3. Level of price and rents of buildings located in a renovation project district;
4. Other matters prescribed by the Minister of Land, Transport and Maritime Affairs.
(2) For the purpose of facilitating the re-settlement of occupant enterprises, the Mayor/Do Governor or the head of a Si/Gun/Gu shall investigate demand for occupancy, including the following matters, and reflect it in the renovation plan:
1. Demand for relocation into buildings in a renovation project district, including level, etc. of rents;
2. Demand for wishing to relocate to neighboring areas;
3. Other matters prescribed by the Minister of Land, Transport and Maritime Affairs.
(3) If necessary in view of the results of the investigation under paragraph (1) and (2), the Mayor/Do Governor or the head of a Si/Gun/Gu shall include a development plan of substitute industrial complexes in the renovation plan, and may provide temporary operation facilities in neighboring areas or use the cyclic development method which develops the renovation project in a staged manner for the purpose of stabilizing the operation of occupant enterprises during the period of execution of the renovation project.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-10 (Reinvestment of Development Gains)   print
A renovation project operator shall use not less than 50/100 of gains on sale of sites provided for purposes other than use as industrial facilities in the relevant renovation project district to reduce parceling-out price of sites for industrial facilities and to reinvest in infrastructure pursuant to Article 39-13 of the Act: Provided, That this shall not apply to any of the following cases:
1. Where a renovation project operator leases not less than 20/100 of the area of sites for industrial facilities;
2. Where the area of the sites supplied at the price higher than the development cost is less than 10/100 of the total area of the renovation project district.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-11 (Special Cases in Relation to School Facilities Standards for Renovation Projects)   print
School facilities standards in a renovation project district may be relaxed up to 1/2 of the area of the school site, pursuant to Article 39-15 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 44-12 (Special Cases in Relation to Construction Projects)   print
For the purposes of Article 39-15 (3) of the Act, "construction projects prescribed by Presidential Decree" means construction projects provided for in subparagraph 6 (a), (c) and (d) of Article 2 of the Act.
[This Article Newly Inserted by Presidential Decree No. 22103, Mar. 26, 2010]
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 Article 45 (Preparation of Criteria for Designation and Development of Locations)   print
(1) Criteria for the designation and development of locations as referred to in Article 40 (1) of the Act shall include the following matters: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Criteria for selection of individual factory locations;
2. Criteria for proper use of sites for industrial facilities;
3. Installation and maintenance of infrastructure facilities;
4. Matters necessary for the proper industrial layout and balanced development between regions;
5. Matters necessary for preservation of environment and cultural properties;
6. Matters necessary for stabilization of land prices;
7. Other matters necessary for harmonization with other plans.
(2) For the purposes of the proviso to Article 40 (2) of the Act, "to modify minor matters prescribed by Presidential Decree" means any modification of the matters of paragraph (1) 4 through 7.
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 Article 45-2 (Designation, etc. of Inducement District for Factory Location)   print
(1) An inducement district for factory location as provided for in Article 40-2 (1) of the Act may be designated only to an area meeting all the requirements in the following subparagraphs:
1. That it shall be easy to induce forming a group in consideration of land utilization and transportation conditions as well as natural environment of the area to which designation of an inducement district for factory location is intended in cases where there are factories, or there is demand for factory location;
2. That it shall be easy to use, link or install infrastructure facilities as provided for in Article 27;
3. That there shall not be restrictions on construction of factories.
(2) When it is intended to designate an inducement district for factory location as provided for in Article 40-2 of the Act, the present situation and future plan of land utilization of the relevant area and surrounding areas, whether factory location is restricted pursuant to other Acts and subordinate statutes, whether it is an area regularly affected by disasters, etc. shall be investigated.
(3) In accordance with the results of investigation under paragraph (2), the head of Si(including the Special Metropolitan City Mayor and any Metropolitan City Mayor. The same shall apply in this Article)/Gun/Gu shall establish a designation plan for inducement district for factory location (hereinafter referred to as "designation plan") including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009>
1. Purposes of designation;
2. Locations and size of the district to be designated;
3. Plan for utilization of land;
4. Plan for utilization and installation of infrastructure facilities;
5. Types of business eligible to move in;
6. Other matters determined by the Minister of Land, Transport and Maritime Affairs.
(4) The head of a Si/Gun/Gu shall hear opinions on the designation plan of residents, including land owners and interested persons of the area concerned, by submitting such opinions to public inspection in advance, and shall reflect them if recognized as appropriate. The same shall apply when he/she intends to modify the designation plan. <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
(5) In cases where the head of a Si/Gun/Gu has designated an inducement district for factory location under Article 40-2 (1) of the Act, he/ she shall announce the following matters and shall announce the modified matters and the reasons thereof where there are modified matters: <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
1. Location and area of the district to be designated;
2. Purposes of designation;
3. Types of business eligible to move in;
4. Map;
5. Records of incorporated land and cadastral map;
6. Major assistance plan to activate the inducement district for factory location.
(6) In cases where the head of a Si/Gun/Gu has designated and announced in public an inducement district for factory location, he/she shall not modify it within two years from the date it is announced: Provided, That where it is necessary due to the enactment or amendment of related Acts and subordinate statutes or municipal ordinances, changes in surroundings of the relevant area and neighboring area, etc., he/she may modify part or whole of the designated area. <Amended by Presidential Decree No. 21561, Jun. 25, 2009>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 45-3 (Assistance, etc. to Inducement District for Factory Location)   print
(1) "Joint wastewater treatment facilities suitable for the standard prescribed by Presidential Decree" as referred to in Article 40-3 (3) of the Act means private sewerage facilities under Article 34 (3) of the Sewerage Act and water pollution prevention facilities under Article 35 of the Water Quality and Ecosystem Conservation Act. <Amended by Presidential Decree No. 20428, Nov. 30, 2007>
(2) "District falling under the requirements prescribed by Presidential Decree" in Article 40-3 (4) of the Act means any district meeting all the requirements in the following subparagraphs:
1. That its area shall be 300,000 square meters or more;
2. That the sum of the areas in the following items shall be 50/100 or more of the area of the inducement district for factory location:
(a) Area of a factory site approved for factory establishment under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
(b) Area of a factory site applied for approval of factory establishment under Article 13 of the Industrial Cluster Development and Factory Establishment Act;
(c) Area of the factory site concerned where factory establishment is agreed in writing.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 46 Deleted.<by Presidential Decree No. 16203, Mar. 26, 1999>   print
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 Article 47 (Alternative Plan for Areas Attracting Enterprises)   print
(1) Matters to be included in an alternative plan for the appropriateness of the areas subject to the designation of areas attracting enterprises as referred to in Article 44 (1) of the Act and methods, etc. of development thereof, shall be as follows: <Amended by Presidential Decree No. 15098, Jun. 29, 1996>
1. Analysis of propriety of locations;
2. Determination of a proper type of industrial complex;
3. A project proprietor and methods of development;
4. Relevancy to other plans;
5. Effects on the balanced development between regions.
(2) If it is deemed particularly necessary to review a proposal for the designation of areas attracting enterprises as referred to in Article 44 (1) of the Act, the Minister of Land, Transport and Maritime Affairs may conduct a basic investigation as referred to in Article 4 (1) of the Act. <Amended by Presidential Decree No. 14447, Dec. 23, 1994; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 47-2 Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>   print
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 Article 47-3 (Assistance with Financing)   print
The State or local governments may lend money, etc. to purchase sites for an industrial complex to be developed for the purpose of renting-out under Article 46 of the Act. In such cases, matters necessary for the detailed standard, method, etc. of financing shall be determined and announced by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 47-4 (Special Cases of Supply of Houses to Employees, etc. of Resident Enterprises)   print
Any person who constructs and supplies private houses within the precincts of an industrial complex (excluding overpopulation control areas under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act) as provided for in Article 46-2 of the Act, may particularly supply such houses, within 10/100 of the construction volume, to non-homeowners who are employees of the enterprises, education institutions or research institutes to move in: Provided, That where additional supply is required he/she may make a special provision of such private houses up to 20/100 with the approval of the Mayor/ Do Governor.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 47-5 (Standard for Recommendation of Schools under Application of Special Examples)   print
In cases where a high school established within an industrial complex meets the standards in the following subparagraphs, the head of a Si/Gun may, pursuant to Article 46-4 (2) of the Act, request the Superintendent of the relevant Office of Education to designate such school as a school to which special cases under Article 61 of the Elementary and Secondary Education Act apply or as a school operating an education course to which special cases under Article 61 of the Elementary and Secondary Education Act apply:
1. Where the improvement of educational environment of high schools in the industrial complex is necessary, and the project operator and industrial complex managing agency request;
2. Where there are two or more high schools within the industrial complex and the improvement of educational environment is necessary.
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 47-6 (Designation of Industrial Complex Exclusively for Renting-Out)   print
(1) In cases where the Minister of Land, Transport and Maritime Affairs or the head of a local government intends to designate and operate an industrial complex exclusively for renting-out as provided for in Article 46-6 (1) of the Act, he/she shall establish a designation plan including the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Location and extent of the designation of the industrial complex exclusively for renting-out;
2. Purposes of creating the industrial complex exclusively for renting-out;
3. Project operator and managing agency;
4. Data on demand for occupancy;
5. Costs and expected effects following the designation of the industrial complex exclusively for renting-out;
6. Financing plan for the necessary funds;
7. Other matters determined by the Minister of Land, Transport and Maritime Affairs.
(2) When the Minister of Land, Transport and Maritime Affairs or the head of a local government has designated an industrial complex exclusively for renting-out under Article 46-6 (1) of the Act, he/she shall announce the following matters: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Name and location of the exclusive industrial complex for renting-out;
2. Project operator;
3. Details for each parcel of land.
(3) The State or local governments may subsidize expenses needed for the creation of an industrial complex exclusively for renting-out.
(4) Detailed matters necessary for the procedure of designation, assistance method, etc. of an industrial complex exclusively for renting-out shall be determined and announced by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 47-7 (Operation and Management of Industrial Complexes Exclusively for Renting-Out)   print
(1) The period of renting-out of land or facilities in an exclusive industrial complex for renting-out as provided for in Article 46-6 (1) of the Act shall be 50 years or less, and where the lessee intends to extend the contract within the extent of 50 years after the period of renting-out expires, the lessor shall accept it unless any special reason exists.
(2) No resident enterprise shall use the land for a purpose other than that stipulated in a renting-out contract, and any act in the following subparagraphs shall need a written approval of the renting-out managing agency of the industrial complex exclusively for renting-out:
1. All kinds of changes to the right, such as sublease or transfer, of rented-out land and facilities;
2. Changes to the form and nature of the rented-out land;
3. All kinds of disposals, such as sale, renting-out, or exchange of objects above the ground of the rented-out land, such as buildings, on the rented-out land.
(3) Detailed matters necessary for the operation and management of industrial complexes exclusively for renting-out, other than those prescribed in this Decree, shall be determined and announced by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 20317, Oct. 4, 2007]
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 Article 48 (Public Notification following Supervisory Dispositions, etc.)   print
Matters to be publicly notified under Article 48 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 14002, Nov. 6, 1993>
1. Name of a project;
2. Name (in the case of a corporation, its title and name of its representative) and address of a project operator;
3. Location and size of a project area;
4. Contents of and reasons for supervisory dispositions.
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 Article 49 (Delegation of Powers)   print
(1) The Minister of Land, Transport and Maritime Affairs shall delegate his/her powers (excluding powers for port construction projects, among projects under subparagraph 6 (f) of Article 2 of the Act) falling under each of the following subparagraphs regarding national industrial complexes as referred to in attached Table 2 to the Mayor/Do Governor, as prescribed by Article 49 of the Act: <Amended by Presidential Decree No. 15598, Dec. 31, 1997; Presidential Decree No. 15818, Jun. 24, 1998; Presidential Decree No. 16203, Mar. 26, 1999; Presidential Decree No. 17288, Jun. 30, 2001; Presidential Decree No. 20317, Oct. 4, 2007; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 22103, Mar. 26, 2010>
1. Alteration of a development plan (excluding cases where a plan for land use is established for an area where no plan for land use in a development plan is established and its area is altered) as referred to in Article 6 (5) of the Act;
2. Public notification of designation, etc. of industrial complexes as referred to in Article 7-4 of the Act;
3. Designation of a project operator as referred to in Article 16 of the Act;
4. Approval of an execution plan as referred to in Article 17 (1) of the Act;
5. Public notification of approval of an execution plan and dispatch of copies of the relevant documents as referred to in Article 19-2 (1) of the Act;
6. Deleted; <by Presidential Decree No. 16203, Mar. 26, 1999>
7. Consultation, etc. on approval of an execution plan as referred to in Article 21 (2) of the Act;
8. Hearing of opinions on the reversion and transfer of public facilities as referred to in Article 26 (3) of the Act;
9. Consultation on the disuse and transfer of national and public properties as referred to in Article 27 (2) of the Act;
10. Authorization of completion of work, inspection on completion of work, and request for the inspection on completion of industrial complex development projects as referred to in Article 37 (1) and (2) of the Act;
11. Public announcement and notification of authorization of completion of industrial complex development projects as referred to in Article 37 (5) of the Act;
12. Approval for use prior to authorization of completion of created sites or installed facilities suitable for national industrial complex development projects under Article 37(8) of the Act;
13. Issuance of orders to a project operator for reporting or submission of materials as well as inspections under Article 47 (1) of the Act;
14. Supervisory dispositions and hearings for a project operator and public notification, as referred to in Article 48 of the Act.
(2) The Minister of Land, Transport and Maritime Affairs shall delegate his/her powers on the designation of a project operator, except for cases falling under the following subparagraphs, with respect to a national industrial complex other than those referred to in attached Table 2 under Article 49 of the Act, and the powers under paragraph (1) 4, 5, 7 through 14 on national industrial complex development projects executed by the designated project operator to the Mayor/Do Governor: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21561, Jun. 25, 2009>
1. Where a port construction project among projects falling under subparagraph 6 (f) of Article 2 of the Act is executed;
2. Where the Minister of Land, Transport and Maritime Affairs designates a project operator at the time of establishing an industrial complex development plan as referred to in Article 6 of the Act;
3. Where a person who wishes to execute a project falls under Article 16 (1) 1 and 2 of the Act.
(3) With respect to a national industrial complex under Article 49 of the Act, the Minister of Land, Transport and Maritime Affairs shall delegate his/her powers for port construction projects under paragraph (2) 1 as classified below: <Amended by Presidential Decree No. 21561, Jun. 25, 2009; Presidential Decree No. 22103, Mar. 26, 2010>
1. A national industrial complex within a State-managed port under Article 3 (2) 1 of the Harbor Act: In accordance with the following classifications:
(a) A national industrial complex under attached Table 2: Delegate powers under paragraph (1) 1 through 5 and 7 through 14 to the head of a local maritime affairs and port office;
(b) A national industrial complex, other than those under attached Table 2: Delegate powers under paragraph (1) 4, 5, and 7 through 14 to the head of a local maritime affairs and port office;
2. A national industrial complex outside a State-managed port under Article 3 (2) 1 of the Harbor Act: Delegate powers under paragraph (1) 1 through 5 and 7 through 14 to the Mayor/Do Governor.
(4) The Minister of Land, Transport and Maritime Affairs shall delegate his/her powers under paragraph (1) 4, 5, 7 through 14 with respect to national industrial complex development projects (including areas where a special area development project is executed under Article 39 of the Act, but excluding a port construction project under subparagraph 1 of the same paragraph) executed by a project operator under paragraph (2) 2 or 3 for national industrial complexes (including areas where a special area development project is executed under Article 39 of the Act), other than those referred to in attached Table 2 under Article 49 of the Act to the Commissioner of a Regional Construction Management Office. <Newly Inserted by Presidential No. 21561, Jun. 25, 2009; Presidential Decree No. 21817, Nov. 10, 2009>
[This Article Wholly Amended by Presidential Decree No. 15098, Jun. 29, 1996]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 14, 1991.
Article 2 (Repealed Acts and Subordinate Statutes)
The Enforcement Decree of the Industrial Base Development Promotion Act and the Enforcement Decree of the Local Industrial Development Act shall be repealed, respectively.
Article 3 (Transitional Measures concerning Approval of Execution Plan)
If a person intends to expropriate land in an area where an industrial complex development project is executed, among industrial development encouragement districts under the previous Local Industrial Development Act, areas attracting enterprises under the former Industrial Layout Act, and agricultural and industrial districts under the previous Act on Promotion of Income Source Development for Agricultural and Fishing Villages, he/she shall obtain approval of the execution plan for the industrial complex development project under the procedures prescribed by the Act and this Decree.
Article 4 (Transitional Measures concerning Cancellation of Designation of Industrial Complexes)
If a period referred to in Article 13 (1) of the Act and Article 15 (1) of this Decree applies to industrial complexes, etc. comprised of national industrial complexes, regional industrial complexes, agricultural and industrial complexes, and specialized districts under Article 3 (1) and (2) of the Addenda of the Act, the period shall be calculated from the enforcement date of this Decree.
Article 5 (Transitional Measures concerning Delegation of Powers)
With respect to projects for which the Mayor/Do Governor has designated a project operator and approved the execution plan under Article 31-2 of the previous Enforcement Decree of the Industrial Base Development Promotion Act, notwithstanding Article 49 of this Decree, the Mayor/Do Governor shall take necessary actions such as direction, supervision or approval of the completion of work.
Article 6 (Relation with Other Acts and Subordinate Statutes)
In cases where other Acts and subordinate statutes cite the previous Enforcement Decree of the Industrial Base Development Promotion Act and the previous Enforcement Decree of the Local Industrial Development Act or the provisions thereof at the time when this Decree enters into force, if this Decree contains any provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed to be cited.
ADDENDA<Presidential Decree No. 13563, Dec. 31, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 13889, May 26, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 1993.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 14002, Nov. 6, 1993>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Size of Industrial Complexes) With respect to the designation requested at the time when this Decree enters into force, the previous provisions shall be applied notwithstanding the amended provisions of Article 13 (6).
(3) (Transitional Measurers on Parcelling-Out Price) Any parcelling-out price for industrial sites and their facilities which had already been parcelled out or publicly notified for the parcelling-out under the previous provisions before this Decree entered into force, shall be governed by the previous provisions notwithstanding the amended provisions of Article 40.
ADDENDA<Presidential Decree No. 14429, Dec. 16, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicable Examples on Period for Calculation of Capital Costs)
In applying the amended provisions of Article 40 (5) 5 in respect of the calculation of capital costs for the calculation of the development costs, the project period of the industrial complex for which the approval of the execution plan had been obtained under Articles 17 through 19 of the Act before this Decree entered into force, shall be deemed as the project period as specified in the initial execution plan.
Article 3 (Applicable Examples on Cancellation of Parcelling-Out Price)
In applying the amended provisions of Article 40 (9), with respect to the lands and facilities which had already been parcelled out before this Decree entered into force, the amount of the advance parcelling-out price at the time when this Decree enters into force, shall be regarded as the amount of the advance payment.
Article 4 (Transitional Measures on Requirements for Advance Parcelling-Out)
If the approval of the execution plan for the industrial complex development project has been obtained under Articles 17 through 19 at the time when this Decree enters into force, the previous provisons shall be applied, notwithstanding the amended provisions of Article 30.
Article 5 (Transitional Measures on Parcelling-Out Prices)
(1) With respect to any parcelling-out prices for factory sites for which the permission for use has been obtained before the approval of completion of work under Article 37 or such price for factory sites whose boundary has been finally fixed after completion of the development of sites from among the sites which had already been parcelled out, the previous provisions shall be applied notwithstanding the amended provisions of Article 40 (1).
(2) With respect to any parcelling-out price for sites for physical distribution such as freight terminal sites, and collection and delivery complexes already parcelled out before this Decree entered into force, the previous provisions shall be applied, notwithstanding the amended provisions of Article 40 (4).
ADDENDA<Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 14915, Feb. 15, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 15098, Jun. 29, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 1996.
Article 2 Omitted.
Article 3 (Relation with Other Acts and Subordinate Statutes)
In a case where other Acts and subordinate statutes cite the previous provisions at the time when this Decree enters into force, if this Decree contains the provisions corresponding to them, this Decree or the corresponding provisions of this Decree shall be deemed to be cited.
ADDENDA<Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM<Presidential Decree No. 15239, Dec. 31, 1996>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM<Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA<Presidential Decree No. 15818, Jun. 24, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Examples of Application on Consultation of Designation of Industrial Complexes) An amendment to Article 8-2 shall apply to a request for consultations first made after the entry into force of this Decree.
(3) (Examples of Application on Payment of Penalty) An amendment to Article 40 (11) shall apply to industrial complexes for which a parcelling-out contract is concluded (excluding cases where parcelling-out contracts are already altered or cancelled) and where the creation work for industrial complexes is not completed at the time of entry into force of this Decree.
ADDENDA<Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Presidential Decree No. 16203, Mar. 26, 1999>
This Decree shall enter into force on May 6, 1999.
ADDENDA<Presidential Decree No. 16515, Aug. 6, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 9, 1999.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Presidential Decree No. 17288, Jun. 30, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2001.
Article 2 (Application Example to Restriction on Designation of Industrial Complexes)
The amended provisions of Article 10-2 shall be applicable from the portion first falling under any of the following subparagraphs by industrial complex after the enforcement of this Decree:
1. National industrial complexes: That requesting a consultation to the head of related central administrative agency in order to designate the industrial complexes under Article 6 (3) of the Act;
2. General local industrial complexes: That requesting a consultation to the head of related administrative agency in order to designate the industrial complexes under Article 7 (2) of the Act; and
3. Agricultural and industrial complexes: That requesting an approval of the Mayor/Do governor in order to designate the agricultural and industrial complexes under Article 8 (2) of the Act.
Article 3 Omitted.
ADDENDA<Presidential Decree No. 17809, Dec. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 17886, Jan. 14, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Application Example for Subsidy of Expenses) The amended provisions of Article 26 (2) 2 shall apply only to the industrial complexes designated before December 31, 2001.
ADDENDA<Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18755, Mar. 25, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Application Example concerning Supply Method, etc. of Exploited Lands and Facilities, etc.) The amended provisions of Article 42-2 shall start to apply to the exploited lands and facilities, etc. for which major contents thereof such as price criteria, requirement for eligibility, and method of selecting eligible persons as determined in the parceling-out plan or rental business plan are published in the daily newspapers for the first time after the enforcement of this Decree.
ADDENDA<Presidential Decree No. 19451, Apr. 20, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of Article 31 (3) shall enter into force 6 months after the date of its promulgation.
(2) (Application Example to Facilities Charges) The amended provisions of Article 31 (3) shall apply to the portion of applying for an approval for implementation plans on or after the enforcement of this Decree, and the amended provisions of paragraph (6) of the same Article shall apply to the portion of levying the facilities charges on or after the enforcement of this Decree.
ADDENDA<Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 19503, Jun. 7, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2006. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 20317, Oct. 4, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 7, 2007.
Article 2 (Applicability to Obligatory Securing of Sites for Industrial Facilities)
The amended provisions of Article 7 (3) shall apply beginning with any development plan established or modified for the first time after this Decree enters into force.
Article 3 (Applicability to Right of Designating General Industrial Complexes and Up-To-Date City Industrial Complexes of Designated Head of Si)
(1) The amended provisions of Article 8 (1) and (2) shall apply beginning with any general industrial complex and up-to-date city industrial complex designated for the first time after this Decree enters into force.
(2) Notwithstanding paragraph (1), in cases of falling under any of the following subparagraphs at the time when this Decree enters into force, the former provisions shall apply:
1. Where the head of related administrative agency or a person under Article 13 requests the Mayor/Do governor for the designation of general industrial complex or up-to-date city industrial complex;
2. Where the Mayor/Do governor requests the head of Si/Gun for opinion as provided for in Article 7 (2) of the Act; and
3. Where the head of Si/Gun applies for the designation of up-to-date city industrial complex to the Mayor/Do governor.
Article 4 (Applicability to Qualifications of Project Operators)
The amended provisions of item (b) of Article 19 (2) and Article 19 (3) shall apply beginning with cases of designating project operators for the first time after this Decree enters into force.
Article 5 (Applicability to Extent of Public Facilities)
The amended provisions of Article 24-4 shall apply beginning with cases of having the execution plan approved, or of having the modification thereof approved for the first time after this Decree enters into force.
Article 6 (Applicability to Agreement, etc. of Repeal of Use)
The amended provision of the latter part of Article 25 (4) shall apply beginning with the sales contract entered into for the first time after this Decree enters into force.
Article 7 (Applicability to Installation Charges)
The amended provision of the proviso to Article 31 (3) shall apply beginning with the portion that was or is applied for approval of execution plan for the first time after October 21, 2006.
Article 8 (Applicability to Decision, etc. of Parcelling-Out Price)
The amended provisions of Article 40 (2), (3), (6) and (7), and the attached Table 1 shall apply beginning with the portion for which a parcelling-out plan is prepared for the first time after this Decree enters into force.
Article 9 (Applicability to Delegation of Authority of Modifying Development Plans)
(1) The amended provisions of the attached Table 2 shall apply beginning with the portion for which a development plan is modified for the first time after this Decree enters into force.
(2) Notwithstanding paragraph (1), in cases where the head of related administrative agency or a person under Article 13 has requested the Minister of Construction and Transportation for the modification of development plan or the Minister of Construction and Transportation has requested the Mayor/Do governor for opinion on the modification of development plan as provided for in Article 16 (3) of the Act, the former provisions shall apply.
Article 10 (Transitional Measures for Right of Head of Si/Gun to Designate Up-To-Date City Industrial Complexes)
In cases where the head of Si/Gun has applied for the designation of up-to-date city industrial complex to the Mayor/Do governor at the time when this Decree enters into force, the former provisions shall apply notwithstanding the amended provision of Article 8-3 (1).
ADDENDA<Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 20854, Jun. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA<Presidential Decree No. 21041, Sep. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Applicability to Matters to be Included in Industrial Complex Development Plan)
The amended provisions of Article 7 (2) 3 shall apply beginning with the first formulation of an industrial complex development plan after this Decree enters into force.
Article 3 (Applicability to Attached Documents When Requesting Authorization of Completion of Work)
The amended provisions of Article 36 (2) 4 shall apply beginning with the first request for authorization of the completion of work after this Decree enters into force.
Article 4 (Applicability to Use of Earnings Accruing from Sale of Sites other than Sites for Industrial Facilities)
The amended provisions of Article 40 (7) and (8) shall apply beginning with the first industrial complex designated after this Decree enters into force.
Article 5 (Applicability to Methods of Supply and Procedures for Disposal of Developed Land and Facilities)
The amended provisions of Article 42-3 (3) through (5) shall apply beginning with the first preparation of a written plan for sale in lots after this Decree enters into force.
ADDENDUM<Presidential Decree No. 21215, Dec. 31, 2008>
This Decree Shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 21445, Apr. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21561, Jun. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2009: Provided, That the amended provisions of the proviso to Article 10-3 (1) 1 shall enter into force on January 1, 2011.
Article 2 (Applicability)
The amended provisions of Article 40 (3) and Article 42 (3) 3 shall apply to the first parcelling-out plan prepared after this Decree enters into force.
ADDENDA<Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That … <Omitted.>… Article 3 of Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
Article 4 (Applicability, etc. under Revision of Enforcement Decree of Industrial Sites and Development Act)
(1) The amended provisions of Article 40 (2) of the Enforcement Decree of Industrial Sites and Development Act shall apply to a parcelling-out plan prepared for the first time after this Decree enters into force.
(2) Matters delegated to municipal ordinances under the amended provisions of Article 40 (2) of the Enforcement Decree of Industrial Sites and Development Act shall conform to the former provisions until the municipal ordinance concerned is enacted or revised.
Articles 5 through 9 Omitted.
ADDENDA<Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA<Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21817, Nov. 10, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 6-2 shall apply beginning with the first industrial location supply plan to be established or changed after this Decree enters into force.
ADDENDA<Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Presidential Decree No. 22103, Mar. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2010.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA<Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.