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Act On Special Measures For The Deregulation Of Corporate Activities


Published: 2010-05-31

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to strive for harmonious corporate activities and contribute to the sound development of the national economy by providing matters concerning relaxation of administrative regulations on corporate activities and special cases.
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 Article 2 (Definitions)   print
For the purpose of this Act, the definitions of terms are as follows: <Amended by Act No. 5111, Dec. 29, 1995; Act No. 5328, Apr. 10, 1997; Act No. 6406, Jan. 29, 2001; Act No. 6842, Dec. 30, 2002>
1. The term "corporate activity" means any conduct that a juristic person or an individual makes continuously and repeatedly for profit basis, and conduct attendant upon it;
2. The term "administrative regulation" means that the State, a local government, or a juristic person, an organization or an individual exercising the administrative power or delegated or entrusted with it under the Acts and subordinate statutes intervene directly or indirectly in corporate activities for the purpose of achieving specific administrative aims;
3. The term "factory" means a factory under the provisions of subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;
4. The term "industrial complex" means an industrial complex under the provisions of subparagraph 5 of Article 2 of the Industrial Sites and Development Act;
5. The term "small and medium business operator" means a small and medium business operator under the provisions of Article 2 of the Framework Act on Small and Medium Enterprises.
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 Article 3 (Relations with other Acts and Subordinate Statutes)   print
This Act shall be applied in preference to other Acts and subordinate statutes (excluding the Framework Act on Administrative Regulations), which provide for administrative regulations: Provided, That where contents of regulation become more relaxed by the amendment of other Acts and subordinate statutes than the contents of administrative regulation relaxed under the provisions of this Act, those Acts and subordinate statutes shall prevail. <Amended by Act No. 5368, Aug. 22, 1997>
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 Article 3-2 (Responsibility)   print
The Minister of Knowledge Economy shall make efforts to investigate the actual situation of difficulties experienced by enterprises due to various administrative regulations and to hear the opinions of interested persons and other experts to help them overcome such difficulties. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 7442, Mar. 31, 2005]
CHAPTER Ⅱ DEREGULATION ON INCORPORATION AND FACTORY CONSTRUCTION
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 Article 4 (Consolidated Public Notice of Various Authorization and Permission, etc. concerning Incorporation)   print
(1) The head of the relevant administrative agency having the power of authorization, permission, registration, report and approval, etc. of a manufacturing business and a service business related to manufacturing business prescribed by Presidential Decree shall inform the Minister of Knowledge Economy of the processing criteria and procedures, etc., immediately after such criteria and procedures, etc are established. The same shall be applicable where they are modified. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 7442, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008>
(2) If the Minister of Knowledge Economy is informed of the processing criteria and procedure, etc. pursuant to paragraph (1), he/she shall consolidate and make a public notification thereof. The same shall be applicable where the publicly notified matters are modified. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9532, Mar. 25, 2009>
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 Articles 5 through 7 Deleted.<by Act No. 7442, Mar. 31, 2005>   print
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 Article 8 (Public Notice of Criteria on Authorization and Permission, etc. in Relation to Approval for Factory Construction)   print
(1) The head of the administrative agency, who has the power of report, permission, dissolution, authorization, license, designation, consent or decision, etc. as prescribed by each subparagraph of Article 13-2 (1) and (3) of the Industrial Cluster Development and Factory Establishment Act or each subparagraph of Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act (hereinafter referred to as "authorization and license, etc."), shall inform the Minister of Knowledge Economy of the processing criteria, immediately after they are established. The same shall be applicable where they are modified. <Amended by Act No. 5091, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005; Act No. 8362, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
(2) If the Minister of Knowledge Economy is informed of the processing criteria pursuant to paragraph (1), he/she shall consolidate and notify them publicly. The same shall be applicable where the publicly notified matters are modified. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9532, Mar. 25, 2009>
(3) Deleted. <by Act No. 7442, Mar. 31, 2005>
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 Article 9 (Special Cases on Approval, etc. of Project Plan)   print
(1) The provisions on approval, etc. of the project plan under the provisions of Articles 33 through 35 of the Support for Small and Medium Enterprise Establishment Act shall be applied mutatis mutandis to a founder other than the founder under the provisions of Article 33 (1) of the same Act and a small and medium business operator that is not the founder under the provisions of subparagraph 2 of Article 2 of the same Act. <Amended by Act No. 8362, Apr. 11, 2007>
(2) The processing criteria and procedure of an application for approval of the project plan on factory construction, enlargement and transfer by a founder and a small and medium business operator other than a founder mentioned in paragraph (1) shall be subject to the guidelines as noti fied publicly under Article 33 (4) of the Support for Small and Medium Enterprise Establishment Act. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8362, Apr. 11, 2007>
(3) The head of the relevant administrative agency who intends to modify the processing criteria on authorization and permission, etc. as prescribed by each subparagraph of Article 13-2 (1) and (3) of the Industrial Cluster Development and Factory Establishment Act or each subparagraph of Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act, shall consult in advance with the Minister of Knowledge Economy. In such cases, the Minister of Knowledge Economy may adjust the processing criteria under the conditions as prescribed by Presidential Decree within the scope not significantly interfering with accomplishing the purposes of the relevant authorization, permission, etc. <Amended by Act No. 5091, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 6842, Dec. 30, 2002; Act No. 8362, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
(4) At least two founders or small and medium business operators other than a founder under the provisions of subparagraph 2 of Article 2 of the Support for Small and Medium Enterprise Establishment Act may make jointly a project plan under the conditions prescribed by Ordinance of the Ministry of Knowledge Economy and apply for an approval of project plans under the provisions of Article 33 of the Support for Small and Medium Enterprise Establishment Act or an approval of factory construction, etc. under the provisions of Article 13 (1) or 20 (2) of the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as "approval of factory construction, etc.") to the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply). In this case, the head of a Si/Gun/Gu may make the approval, etc. of factory construction with condition on the common installation and usage of the facilities prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 5091, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005; Act No. 8362, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
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 Article 10 (Speedy Processing of Approval, etc. for Factory Construction, etc.)   print
(1) In approving the factory construction, etc. under the provisions of Article 9 (4) in accordance with the processing criteria notified publicly under Article 8 (2), the head of a Si/Gun/Gu need not have consultation under the provisions of Article 13-2 (5) of the Industrial Cluster Development and Factory Establishment Act or Article 35 (4) of the Support for Small and Medium Enterprise Establishment Act. <Amended by Act No. 5091, Dec. 29, 1995; Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005; Act No. 8362, Apr. 11, 2007>
(2) The head of a Si/Gun/Gu shall consolidate the civil petition office for incorporation of small and medium enterprise under the provisions of Article 38 of the Support for Small and Medium Enterprise Establishment Act and the civil petition office for factory construction under the provisions of Article 19 of the Industrial Cluster Development and Factory Establishment Act, and operate them as the civil petition office for incorporation and factory construction: Provided, That the head of a Si/Gun/Gu may, if deemed necessary in consideration of the frequency of petitions, etc., consolidate the civil petition office for incorporation and factory construction and the civil petition office as prescribed by Article 22 of the Civil Petitions Treatment Act. <Amended by Act No. 5785, Feb. 5, 1999; Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005; Act No. 7855, Mar. 3, 2006; Act No. 8362, Apr. 11, 2007>
(3) The head of a Si/Gun/Gu shall station a personnel exclusively appointed for the post in the civil petition office for incorporation and factory construction, etc. under the provisions of paragraph (2). <Amended by Act No. 5785, Feb. 5, 1999>
(4) If an application for approval for factory construction, etc. has been received at the civil petition office for incorporation and factory construction, etc., the head of a Si/Gun/Gu shall process it promptly by ordering the relevant public officials to make joint inspection or investigation, etc., and then inform the result to the applicant within 20 days from the day of receipt. <Amended by Act No. 5785, Feb. 5, 1999; Act No. 7442, Mar. 31, 2005>
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 Article 11 (Special Cases concerning Approval, etc. of Industrial Complex Implementation Plan)   print
(1) Deleted. <by Act No. 6226, Jan. 28, 2000>
(2) Any person who has obtained approval for implementation plan for an industrial complex in accordance with the provisions of Article 31 of the Small and Medium Enterprises Promotion Act shall be deemed to obtain permission, decision, authorization, license, consultations, consent, approval, cancellation or disposition, etc. described in each subparagraph of Article 21 (1) of the Industrial Sites and Development Act. <Amended by Act No. 6226, Jan. 28, 2000; Act No. 8361, Apr. 11, 2007; Act No. 9685, May 21, 2009>
(3) With respect to a general industrial complex and a high-tech industrial complex in a city which is under development by a person who has obtained approval of the cooperation implementation plan in accordance with the provisions of Article 29 of the Small and Medium Enterprises Promotion Act as an implementer of the industrial complex development project in accordance with the provisions of Article 16 of the Industrial Sites and Development Act, a person who has obtained approval of the cooperation implementation plan concerned shall be deemed a person holding the management right under the provisions of Article 30 (1) of the Industrial Cluster Development and Factory Establishment Act. <Amended by Act No. 5111, Dec. 29, 1995; Act No. 6226, Jan. 28, 2000; Act No. 6842, Dec. 30, 2002; Act No. 8337, Apr. 6, 2007; Act No. 8361, Apr. 11, 2007; Act No. 9685, May 21, 2009>
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 Article 12 (Special Cases on Construction Permission of Private Roads)   print
Where it is inevitably necessary to connect a road to that other than roads under the provisions of Article 2 of the Road Act (including the road applied mutatis mutandisunder the provisions of Article 7 of the Road Act) to build an access road to a factory, the head of a Si/Gun/Gu shall permit construction of private roads by regarding such roads as private roads under Article 2 of the Private Road Act if such roads correspond to the standards prescribed by Presidential Decree. <Amended by Act No. 8976, Mar. 21, 2008>
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 Article 13 (Special Cases on Certification of Farmland Acquisition)   print
Notwithstanding the provisions of Article 8 of the Farmland Act, any person who falls under any of the following subparagraphs, among those who have obtained approval for factory construction, etc. on any farmland in order to establish, extend or relocate a factory, may acquire farmland without having a certification of farmland acquisition issued: <Amended by Act No. 8352, Apr. 11, 2007>
1. A person who has held consultations presumed to any permission or report on farmland conversion;
2. A person who has obtained approval for factory construction, etc. according to the processing standards notified pursuant to Article 8 (2);
3. A person who has obtained permission on farmland conversion referred to in Article 34 of the Farmland Act;
4. A person who has made a report on farmland conversion referred to in Article 35 or 43 of the Farmland Act.
[This Article Wholly Amended by Act No. 5785, Feb. 5, 1999]
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 Article 14 (Special Cases on Disposal of State Properties, etc.)   print
In a case where a small and medium business operator intends to use inevitably a deserted road and other similar State or public property as land for factory and Presidential Decree determines it, the administrative agency of State property pursuant to Article 8 of the State Property Act or the administrative agency of public property under the provisions of Article 73 of the Local Finance Act may dispose of it, notwithstanding the State property management plan pursuant to Article 9 (3) of the State Property Act or the public property management plan under the provisions of Article 77 (1) of the Local Finance Act. In such cases, the administrative agency of State property or the administrative agency of public property may sell the relevant State or public property to the small and medium business operator, who intends to use inevitably it as land for factory, on free contract notwithstanding the provisions of the State Property Act or the Local Finance Act. <Amended by Act No. 9401, Jan. 30, 2009>
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 Article 15 (Special Cases on Effect of License to Reclaim Public Water)   print
Any person who has obtained a license to reclaim the public water pursuant to the proviso to Article 9 (4) of the Public Waters Reclamation Act for the purpose of securing industrial land shall be deemed to have obtained an authorization, permission, etc. pursuant to the provisions of each subparagraph of Article 16 (1) of the same Act and permission on use of State property pursuant to Article 30 of the State Property Act. <Amended by Act No. 9401, Jan. 30, 2009>
[This Article Wholly Amended by Act No. 7442, Mar. 31, 2005]
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 Article 16 (Special Cases on Enlargement of Factory)   print
(1) The head of a Si/Gun/Gu may, under the conditions prescribed by Presidential Decree, permit to enlarge existing factories in a growth control area and a natural preservation area under Article 6 of the Seoul Metropolitan Area Readjustment Planning Act, which is located within the Seoul Metropolitan area under the provisions of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act, notwithstanding the proviso to Article 20 (1) of the Industrial Cluster Development and Factory Establishment Act. <Amended by Act No. 6842, Dec. 30, 2002; Act No. 10252, Apr. 12, 2010>
(2) With regard to a factory owned by a small and medium business operator and located within the agricultural development area at the time such agricultural development area was designated under Article 28 of the Farmland Act, the head of a Si/Gun/Gu may approve enlargement of factories as prescribed by Presidential Decree, notwithstanding the provisions of Article 34 of the same Act: Provided,That this shall not apply to factories emitting specific substances harmful to water quality under the provisions of subparagraph 8 of Article 2 of the Water Quality and Ecosystem Conservation Act or specific hazardous air pollutants under the provisions of subparagraph 9 of Article 2 of the Clean Air Conservation Act. <Amended by Act Nos. 5758 & 5785, Feb. 5, 1999; Act No. 7459, Mar. 31, 2005; Act No. 8352, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007>
(3) A small and medium business operator, who has had a factory in a quasi-agricultural/forestry area under the provisions of Article 6 of the Act on the Utilization and Management of the National Territory (referring to the Act which had existed until it was repealed by Article 2 of the Addenda of the National Land Planning and Utilization Act, Act No. 6655) since before December 31, 1993, may enlarge the factory on such conditions as prescribed by Presidential Decree notwithstanding the provisions of Article 15 of the same Act (in cases of the National Land Planning and Utilization Act, it refers to Article 76 of the said Act): Provided, That this shall not apply to factories emitting specific sub-stances harmful to water quality under the provisions of subparagraph 8 of Article 2 of the Water Quality and Ecosystem Conservation Act or specific hazardous air pollutants under the provisions of subparagraph 9 of Article 2 of the Clean Air Conservation Act. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8408, Apr. 27, 2007; Act No. 8466, May 17, 2007>
(4) Where an occupancy enterprise located within an industrial complex intends to enlarge its manufacturing facilities on the existing site, it shall be deemed to conclude a contract for occupancy modification, notwithstanding the provisions of Article 38 (2) of the Industrial Cluster Development and Factory Establishment Act, if it has made a prior report to the relevant administrative agency pursuant to Ordinance of the Ministry of Knowledge Economy and the are to be enlarged is not more than 20/100 of the building area of the factory concerned (referring to the area calculated by adding up the total floor area of the building in which machinery or apparatus used for the manufacturing facilities are installed and the horizontally projected area of outdoor structures used for the manufacturing facilities). <Newly Inserted by Act No. 7442, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008>
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 Article 16-2 (Special Cases on Replacement of Factory Facilities)   print
An owner of a factory may replace its existing facilities (referring to all the facilities including manufacturing facilities and the structures referred to in Article 83 of the Building Act) with new ones in any cases falling under the following subparagraphs, though the replacement of exisiting facilities of a factory constitutes the restrictions on acts under Articles 76 through 84 of the National Land Planning and Utilization Act due to the designation or alteration of a specific-use area, specific-use district or specific-use zone under Articles 36 through 42 of the National Land Planning and Utilization Act (hereafter referred to as "specific-use area, etc." in this Article) or other causes prescribed by Presidential Decree: <Amended by Act No. 8974, Mar. 21, 2008>
1. Where unavoidable reasons exist such as deterioration of existing facilities, expiration of term of durability, or necessity to have new facilities inevitable for manufacturing products;
2. Where the approval or registration of factory construction is obtained before the designation or alteration of the specific-use area, etc. or the causes prescribed by Presidential Decree occur;
3. Where the existing facilities are replaced with the facilities which are of the same or smaller size.
[This Article Newly Inserted by Act No. 7442, Mar. 31, 2005]
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 Article 17 (Special Cases on Inspection on Use of Structure)   print
Where one construction permission under the provisions of Article 11 of the Building Act has been obtained on at lest two buildings in the same factory land, the head of a Si/Gun/Gu may execute an inspection on use on each completed building notwithstanding Article 22 of the same Act. <Amended by Act No. 8974, Mar. 21, 2008>
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 Article 18 (Special Cases on Conversion of Grassland in Development Promotion District)   print
(1) If any person, who desires to convert a grassland and develop it in accordance with the Class-II district unit planning under the provisions of subparagraph 2 of Article 49 of the National Land Planning and Utilization Act in the development promotion district decided and publicly notified under Article 37 (1) 9 of the same Act, obtains development permission therefor from the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in accordance with the provisions of Article 56 of the same Act, he/she shall be deemed to obtain permission for grassland conversion under the provisions of Article 23 (2) of the Grassland Act. In such cases, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall ascertain whether the requirements of grassland conversion permission are met under the provisions of Article 23 (2) of the Grassland Act and the matters related to the payment of, and the reduction of or exemption from preparation cost of substitute grassland before granting permission for such development act, and where authority to grant permission for grassland conversion belongs to other administrative agencies than the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun, he shall consult, in advance, with the head of said administrative agencies. <Amended by Act No. 7995, Sep. 27, 2006>
(2) If the Minister of Land, Transport and Maritime Affairs (including the head of a local government with delegated authority from the Minister of Land, Transport and Maritime Affairs) decides and publicly notifies the development promotion district under Article 37 (1) 9 of the National Land Planning and Utilization Act after consultation with the head of a Si/Gun who has the power to grant permission for grassland conversion pursuant to the provisions of Article 23 (2) of the Grassland Act, any person who desires to perform development acts in accordance with the Class-Ⅱ district unit planning under the provisions of subparagraph 2 of Article 49 of the National Land Planning and Utilization Act shall be deemed to obtain permission for grassland conversion or to complete a report thereon pursuant to the provisions of Article 23 (2) or (3) of the Grassland Act. In such cases, the person who desires to do such development acts shall pay the preparation cost of substitute grassland in advance under the provisions of Article 23 (6) of the Grassland Act before applying for permission for such development acts to the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun under Article 56 of the National Land Planning and Utilization Act. <Amended by Act No. 7995, Sep. 27, 2006; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 7442, Mar. 31, 2005]
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 Article 19 (Special Cases on Permission for Conversion of Mountainous Districts)   print
A Metropolitan City Mayor or a Do Governor (including a Governor of a Special Self-Governing Province; hereinafter referred to as the "Mayor/Do Governor") shall have the authority to grant permission for the conversion or temporary use of mountainous districts with the area of less than 150 thousand square meters for the purposes of preparing industrial land from among the conversion or temporary use of mountainous districts under Articles 14, 15 and 15-2 of the Management of Mountainous Districts Act, notwithstanding Article 52 of the same Act. In such cases, the Administrator of the Forestry Administration in Articles 14, 15, 15-2 and 20 of the Management of Mountainous Districts Act and other provisions related to the conversion or temporary use of mountainous districts shall be regarded as the Mayor/Do Governor.
[This Article Wholly Amended by Act No. 10331, May 31, 2010]
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 Article 20 (Special Cases on Power Related to Development of Agricultural and Industrial Complex)   print
The authority to approve the agricultural and industrial complex development execution plans pursuant to the provisions of Article 19 of the Industrial Sites and Development Act and to authorize the completion of development project pursuant to the provisions of Article 37 of the same Act, shall be exercised by the head of a Si/Gun/Gu, notwithstanding the provisions of the same Act. In such cases, the Mayor/Do Governor in Articles 19, 19-2, 37 of the Industrial Sites and Development Act and other provisions related to the approval and public notice of agricultural and industrial complex development execution plans and the completion authorization of development project, shall be regarded as the head of a Si/Gun/Gu .
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 Article 21 (Relaxation of Maintenance Standard of Public Green Belt in Industrial Complex)   print
(1) A national industrial complex, a general industrial complex or a hightech industrial complex in a city under Article 2 of the Industrial Sites and Development Act may secure a public green belt in accordance with any criterion of the following subparagraphs, notwithstanding the industrial sites development guidelines pursuant to the provisions of Article 5 of the same Act and the consulted contents of the environmental impact statement pursuant to Article 18 of the Environmental Impact Assessment Act: <Amended by Act No. 5111, Dec. 29, 1995; Act No. 6095, Dec. 31, 1999; Act No. 8337, Apr. 6, 2007; Act No. 9037, Mar. 28, 2008>
1. Where the area of industrial complex is not less than 3 square kilometers, it shall be not less than 10/100 to less than 13/100 of the area of industrial complex;
2. Where the area of industrial complex is not less than 1 square kilometer to less than 3 square kilometers, it shall be not less than 7.5/100 to less than 10/100 of the area of industrial complex;
3. Where the area of industrial complex is less than 1 square kilometer, it shall be not less than 5/100 to less than 7.5/100 of the area of industrial complex.
(2) Where the site is secured for the formation of the public green belt in accordance with the provisions of paragraph (1), the agency having the authority for approval of the industrial complex development execution plan may, if he deems it is difficult to form green belt under the circumstances of industrial complex in question, defer the formation duty of public green belt till the formation of green belt is possible. <Amended by Act No. 5111, Dec. 29, 1995>
(3) Where a person having the authority to approve the industrial complex development execution plan deems it is not necessary to form a buffer green belt in accordance with the industrial sites development guidelines pursuant to the provisions of Article 5 of the Industrial Sites and Development Act because forest land for preservation, etc. are located on the border of an industrial complex, the buffer green belt need not be formed. <Amended by Act No. 5111, Dec. 29, 1995>
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 Article 22 (Special Cases on Selection, etc. of Occupant Enterprise in Agricultural and Industrial Complex)   print
In cases where a factory, during its process, generating specific sub stances harmful to water quality under the provisions of Article 2 of the Water Quality and Ecosystem Conservation Act or specific hazardous air pollutants under the provisions of Article 2 of the Clean Air Conservation Act, is not likely to discharge the specific substances harmful to water quality or specific hazardous air pollutants from final discharging or exhausting pipes by installing preventive facilities, the head of a Si/Gun/Gu may allow to enter entrance or enlarge factories in question in an agricultural and industrial complex where waste water terminal disposal plants pursuant to the provisions of Article 48 of the Water Quality and Ecosystem Conservation Act are installed, notwithstanding the management guidelines of agricultural and industrial complexes under the provisions of Article 32 (2) of the Industrial Cluster Development and Factory Establishment Act. <Amended by Act No. 6842, Dec. 30, 2002; Act No. 7459, Mar. 31, 2005; Act No. 8466, May 17, 2007>
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 Article 23 (Special Cases on Permission of Land Trade Contract)   print
In cases where the construction, etc. of a factory has been approved under Article 13 (1) or 20 (2) of the Industrial Cluster Development and Factory Establishment Act, or where the executor of an industrial complex development project pursuant to Article 16 of the Industrial Sites and Development Act has obtained an approval of an execution plan pursuant to the provisions of Articles 17 through 19 of the same Act, he/she shall be deemed to have obtained permission for a land trade contract under the provisions of Article 118 of the National Land Planning and Utilization Act. <Amended by Act Nos. 5091 & 5111, Dec. 29, 1995; Act No. 6226, Jan. 28, 2000; Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005>
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 Article 24 (Special Cases on Costing Bearing for Industrial Complex Development Projects)   print
(1) Any person who supplies electricity to an industrial complex shall, upon requested by an executor of an industrial complex development project, install electric arterial facilities and power distribution facilities used for supply of electricity for an industrial complex to the road determined as urban planning facilities by an industrial complex development execution plan, notwithstanding the provisions of Article 28 of the Industrial Sites and Development Act.
(2) Expenses incurred in installing electric arterial facilities and power distribution facilities in order to supply electricity in the industrial complex under the provisions of paragraph (1) shall be borne by the person supplying electricity: Provided,That where electric arterial facilities or a power distribution facility are installed underground at the request of an executor of industrial complex development project, an occupant enterprise, a local government, etc., installation expenses shall be shared by a person supplying electricity and a person requesting for such facilities to be installed underground at the rate of 50/100, respectively.
(3) A person supplying electricity may collect the amount to be borne by the person requesting under the proviso to paragraph (2) in equal installments over three years from the date installations of electric arterial facilities or power distribution facilities are completed.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 25 (Special Cases on Reversion of Public Facilities and Land, etc.)   print
Th State or a local government's property whose usage is abolished due to the execution of an industrial complex development project shall be transferred gratuitously to the project operator within the extent corresponding to installation cost of public facilities which are installed and reverted to the State or a local government without compensation by the project operator under the provisions of Article 16 (2) of the Industrial Sites and Development Act, notwithstanding the provisions of Article 26 (2) of the same Act: Provided, That this shall not apply to the property not transferable inevitably in accomplishing purposes of the State or a local government.
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 Article 26 (Relaxation of Duty to Maintain Landscaping in Land for Factories, etc.)   print
(1) An occupant enterprise under the provisions of subparagraph 11 of Article 2 of the Industrial Cluster Development and Factory Establishment Act shall be exempted from duty of landscaping in the relevant site for the occupant enterprise notwithstanding the provisions of Article 42 of the Building Act. <Amended by Act No. 6842, Dec. 30, 2002; Act No. 7442, Mar. 31, 2005; Act No. 8974, Mar. 21, 2008>
(2) Where any person constructs a factory on land with areas of not less than 200 square meters outside an industrial complex, he/she shall take necessary measures for landscaping such as tree planting in the land in accordance with the following standards, notwithstanding the provisions of Article 42 of the Building Act: Provided,That measures necessary for landscaping may not be taken for factories of which total floor space is less than 1,500 square meters, and in cases where standards more relaxed than those in the following subparagraphs are determined by Municipal Ordinance of local governments under the provisions of Article 42 of the Building Act, the standards prescribed by the relevant Municipal Ordinance shall govern: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 8974, Mar. 21, 2008>
1. Not less than 10/100 of the area of the land in cases of a factory whose total floor space is not less than 2,000 square meters;
2. Not less than 5/100 of the area of the land in cases of a factory whose total floor space is not less than 1,500 to less than 2,000 square meters;
3. Not less than 10/100 of the area of the land in cases of a factory located in the green area for conservation.
(3) The provisions of paragraph (2) shall apply mutatis mutandisto the establishment of distribution facilities determined by Presidential Decree in a land (excluding the land in a residential area and a commercial area under the National Land Planning and Utilization Act) with area of not less than 200 square meters. <Newly Inserted by Act No. 5785, Feb. 5, 1999; Act No. 7442, Mar. 31, 2005>
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 Article 27 (Report on Completion of Factory Construction, etc.)   print
In cases where a person who has obtained an approval of factory construction, etc. pursuant to the provisions of Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act, has underwent an inspection on use of completely-constructed structure after installing manufacturing facilities with an approval of temporary use pursuant to the provisions of Article 22 (3) of the Building Act, he/she shall be deemed to have reported the completion of factory construction, etc. pursuant to the provisions of Article 15 of the Industrial Cluster Development and Factory Establishment Act. <Amended by Act No. 5091, Dec. 29, 1995; Act No. 6842, Dec. 30, 2002; Act No. 8974, Mar. 21, 2008>
CHAPTER Ⅲ RELAXATION OF COMPULSORY EMPLOYMENT
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 Article 28 (Autonomous Employment by Enterprises)   print
(1) A person falling under any of the following subparagraphs may not be employed, hired, appointed, designated or selected (hereinafter referred to as "employ") notwithstanding the provisions of the Acts in each corresponding subparagraph: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 7168, Feb. 9, 2004; Act No. 7442, Mar. 31, 2005; Act No. 8369, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9770, Jun. 9, 2009>
1. An industrial health doctor to be positioned by a business owner according to the provisions of Article 17 (1) of the Occupational Safety and Health Act;
2. Deleted; <by Act No. 6154, Jan. 12, 2000>
3. and 4. Deleted; <by Act No. 7442, Mar. 31, 2005>
5. Deleted; <by Act No. 5351, Aug. 22, 1997>
6. A hygienic controller to be positioned by a manufacturer of hygienic articles according to the provisions of Article 19 (1) of the Public Health Act;
7. A traffic safety controller (limited to a person prescribed by Presidential Decree) to be employed by a user of vehicles, etc. according to the provisions of Article 7 (1) of the Traffic Safety Act;
8. Deleted; <by Act No. 5712, Jan. 29, 1999>
9. Deleted; <by Act No. 5831, Feb. 8, 1999>
10. An environment technician to be appointed by a business operator under the provisions of Article 19 (1) of the Noise and Vibration Control Act;
11. A safety controller (limited to a person prescribed by Presidential Decree) to be selected by a business operator, etc. under the provisions of Article 14 (1) of the Safety Control and Business of Liquefied Petroleum Gas Act;
12. Deleted; <by Act No. 6893, May 29, 2003>
13. A mine security manager (limited to a person prescribed by Ordinance of the Ministry of the Knowledge Economy) to be appointed by a person having mining rights or mine concession rights according to the provisions of Article 13 (1) of the Mining Safety Act.
(2) A cook may not be positioned in a cafeteria managed by a small and medium business operator or a person operating manufacturing business other than a small or medium enterprise (hereinafter referred to as a "small and medium business operator, etc."), despite Article 51 of the Food Sanitation Act. <Amended by Act No. 9432, Feb. 6, 2009>
(3) Where a person need not employ a traffic safety controller pursuant to the provisions of paragraph (1) 7, he/she is also allowed not to employ a safety controller pursuant to the provisions of Article 15 of the Occupational Safety and Health Act.
(4) A business operator at places of business, who has not employed persons falling under paragraph (1) 6, 7, or 10 according to the provisions of the said paragraph, shall designate a person responsible for such a place of business as a project superintendent, and let him undertake duties to be performed by those falling under paragraph (1) 6, 7, or 10. <Amended by Act No. 6154, Jan. 12, 2000; Act No. 7442, Mar. 31, 2005>
(5) The Government may formulate and implement measures necessary to facilitate employment of persons falling under each subparagraph of paragraph (1) by a person who is allowed not to employ persons falling under each subparagraph of the said paragraph.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
law view
 Article 29 (Permission of Concurrent Holding of Offices by Safety Controllers)   print
(1) Where a person who should employ two or more persons falling under any of the following subparagraphs has employed one among those, he/she shall be deemed to have employed the other he/she should employ as well as a safety controller pursuant to the provisions of Article 15 of the Occupational Safety and Health Act: <Amended by Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005>
1. A safety controller to be appointed by a person manufacturing, storing, or selling high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
2. A safety controller to be appointed by a person performing business of filling, supplying in large measure, or selling liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
3. A safety controller to be appointed by an urban gas business operator pursuant to the provisions of Article 29 of the Urban Gas Business Act;
4. A safety controller of dangerous substances to be appointed by a person relevant to a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act.
(2) Where a person who shall employ persons falling under any of the following subparagraphs has employed one among them for his/her main business areas, etc., he/she shall be deemed to have employed a safety controller pursuant to the provisions of Article 15 of the Occupational Safety and Health Act: <Amended by Act No. 6637, Jan. 26, 2002; Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005; Act No. 8800, Dec. 27, 2007>
1. A safety controller to be appointed by a business operator, etc. (excluding persons manufacturing, storing, or selling high-pressure gas) or a person having reported use of specific high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
2. A safety controller to be appointed by a business operator, etc. (excluding a person running liquefied petroleum gas-filling business or liquefied petroleum gas collective supply business) or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
3. A safety controller to be appointed by a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
4. A fire prevention controller to be appointed by a person relevant to specific fire-prevention objects pursuant to the provisions of Article 20 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;
5. A safety controller of dangerous substances to be appointed by a person relevant to a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act;
6. A poisonous substance controller to be designated pursuant to the provisions of Article 25 (1) of the Toxic Chemicals Control Act;
7. A mine security manager to be appointed by a person having mining rights or mine concession rights according to the provisions of Article 13 of the Mining Safety Act;
8. A security supervisor of manufacturing and managing explosives to be appointed by a person manufacturing or selling explosives, in stalling storage facility of explosives, or using explosives pursuant to the provisions of Article 27 of the Control of Firearms, Swords, Explosives, etc. Act;
9. An electric safety controller to be appointed by an electric business operator, an owner or an occupier of electric facilities for private use pursuant to the provisions of Article 73 of the Electric Utility Act;
10. An operator of apparatus subject to inspection to be appointed by a person having installed it pursuant to Article 40 of the Energy Use Rationalization Act.
(3) Where a person, who is running the business of manufacturing or storing explosives, or mining operations as his/her main business and who shall employ security supervisors of manufacturing explosives, security supervisors of managing explosives or mine safety managers (limited to a person prescribed by Ordinance of the Ministry of Knowledge Economy) pursuant to the provisions of Article 27 of the Control of Firearms, Swords, Explosives, etc. Act or Article 13 of the Mining Safety Act, has employed one among them, he/she shall be deemed to have employed each person to be employed by him/her according to the provisions of the following subparagraphs: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 6637, Jan. 26, 2002; Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005; Act No. 8800, Dec. 27, 2007; Act No. 8852, Feb. 29, 2008>
1. A safety controller to be appointed by a business operator pursuant to the provisions of Article 15 of the Occupational Safety and Health Act;
2. An electric safety controller to be appointed by an electric business operator, an owner or an occupier of electric facilities for private use pursuant to the provisions of Article 73 of the Electric Utility Act;
3. A safety controller to be appointed by a business operator, etc. or a person having reported use of specific high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
4. A safety controller to be appointed by a business operator, etc. or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
5. A safety controller to be appointed by an urban gas business or a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
6. A fire prevention controller to be appointed by a person relevant to specific fire-prevention objects pursuant to the provisions of Article 20 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act;
7. A safety controller of dangerous substances to be appointed by a person relevant to a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act;
8. A poisonous substance controller to be designated pursuant to the provisions of Article 25 (1) of the Toxic Chemicals Control Act;
9. An operator of apparatus subject to inspection to be appointed by a person having installed it pursuant to Article 40 of the Energy Use Rationalization Act.
(4) Where a person who shall employ two or more persons falling under any of the following subparagraphs has employed one out of them, he/she shall be deemed to have employed the others: <Amended by Act No. 7168, Feb. 9, 2004; Act No. 7459, Mar. 31, 2005; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007>
1. An environment technician to be designated by a business operator pursuant to the provisions of Article 23 of the Water Quality and Ecosystem Conservation Act;
2. An environment technician to be designated by a business operator pursuant to the provisions of Article 40 of the Clean Air Conservation Act;
3. A health controller to be appointed by a business operator pursuant to the provisions of Article 16 of the Occupational Safety and Health Act.
(5) Necessary matters relating to the scope of safety controller under the provisions of paragraphs (1) 1 through 3 and (2) 1 through 3, facilities provided for in paragraphs (1) 4 and (2) 5, criteria for main business areas, etc. mentioned in paragraph (2) or (3), requirements for exemption from employment pursuant to the provisions of paragraph (4), and others shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 30 (Relaxation of Employment Duty of Small and Medium Business Operator, etc. to Employ Safety Controllers)   print
(1) In cases where a small and medium business operator has employed a safety controller under the provisions of Article 15 of the Occupational Safety and Health Act (including a case of entrusting to a safety control agency under Article 15 (4) of the same Act only for the type and scale of business as prescribed by Presidential Decree), he/she shall be deemed to have employed each person he should employ under each of the following subparagraphs: <Amended by Act No. 7442, Mar. 31, 2005>
1. A safety controller to be appointed by a business operator, etc. (excluding persons manufacturing, storing, or selling high-pressure gas) or persons having reported use of specific high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
2. A safety controller to be appointed by a business operator, etc. (excluding persons running liquefied petroleum gas-filling business or liquefied petroleum gas collective supply business) or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
3. A safety controller to be appointed by a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
4. A poisonous substance controller to be designated pursuant to the provisions of Article 25 (1) of the Toxic Chemicals Control Act.
(2) Where a small and medium business operator, etc., who is a person relevant to specific fire-prevention objects pursuant to the provisions of Article 20 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, has employed a person falling under each of the following subparagraphs, he/she shall be deemed to have employed a fire prevention controller in accordance with the provisions of paragraph (2) of the said Article: <Amended by Act No. 6637, Jan. 26, 2002; Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005>
1. A safety controller to be appointed by a business operator pursuant to the provisions of Article 15 of the Occupational Safety and Health Act;
2. An electric safety controller to be appointed by an electric business operator, an owner or an occupier of electric facilities for private use pursuant to the provisions of Article 73 of the Electric Utility Act;
3. A safety controller to be appointed by a business operator, etc. or a person having reported use of specific high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
4. A safety controller to be appointed by a business operator, etc. or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
5. A safety controller to be appointed by an urban gas business operator or a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
6. A safety controller of dangerous substances to be appointed by an interested person of a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act.
(3) Where an operator of small and medium business running business or having working place prescribed by Presidential Decree has employed a person falling under each of the following subparagraphs, he/she shall be deemed to have employed the others to be employed by him/her under the provisions of the following Acts as well as a safety controller to be employed in accordance with the provisions of Article 15 of the Occupational Safety and Health Act: <Amended by Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005>
1. A safety controller to be appointed by a business operator, etc. or a person having reported use of specific high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
2. A safety controller to be appointed by a business operator, etc. or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
3. A safety controller to be appointed by an urban gas business operator or a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
4. A safety controller of dangerous substances to be appointed by an interested person of a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act;
5. A poisonous substance controller to be designated pursuant to the provisions of Article 25 (1) of the Toxic Chemicals Control Act.
(4) The scope of safety controllers pursuant to the provisions of para graphs (1) 1 through 3, (2) 3 through 5, and (3) 1 through 3 shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 31 (Relaxation of Compulsory Employment as to Persons Having Two or More Qualifications)   print
(1) Where a small and medium business operator, etc. has employed a person who has two or more qualifications falling under each of the following subparagraphs, he/she shall be deemed to have employed all of the persons having corresponding qualifications thereto: <Amended by Act No. 6637, Jan. 26, 2002; Act No. 6893, May 29, 2003; Act No. 7442, Mar. 31, 2005>
1. A safety controller to be appointed by a business operator pursuant to the provisions of Article 15 of the Occupational Safety and Health Act;
2. An electric safety controller to be appointed by an electric business operator, an owner or an occupier of electric facilities for private use pursuant to the provisions of Article 73 of the Electric Utility Act;
3. A safety controller to be appointed by a business operator, etc. or a person having reported use of high-pressure gas pursuant to the provisions of Article 15 of the High-Pressure Gas Safety Control Act;
4. A safety controller to be appointed by a business operator, etc. or a person having reported use of liquefied petroleum gas pursuant to the provisions of Article 14 of the Safety Control and Business of Liquefied Petroleum Gas Act;
5. A safety controller to be appointed by an urban gas business operator or a user of a specific gas facility pursuant to the provisions of Article 29 of the Urban Gas Business Act;
6. A safety controller of dangerous substances to be appointed by an interested person of a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act.
(2) The scope of safety controllers under the provisions of paragraph (1) 3 through 5 shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 32 (Joint Employment of Safety Controllers, etc of Dangerous Substances)   print
(1) An interested person of a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act, who is running businesses in areas or premises falling under each of the following subparagraphs (hereinafter referred to as "industrial complex, etc."), may appoint a safety controller of dangerous substances together with the interested persons of not more than three manufacturing places, etc. in the same industrial complex, etc., notwithstanding the provisions of the said Article. In such cases, the volume of dangerous substances in each manufacturing place, etc., shall be less than 3,000 times of the volume prescribed by Article 2 (1) 2 of the said Act: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 6842, Dec. 30, 2002; Act No. 6893, May 29, 2003; Act Nos. 7442 & 7459, Mar. 31, 2005; Act No. 8361, Apr. 11, 2007; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9685, May 21, 2009; Act No. 10252, Apr. 12, 2010>
1. An industrial complex pursuant to the provisions of subparagraph 5 of Article 2 of the Industrial Sites and Development Act;
2. Areas for introducing investments pursuant to Article 23 of the Industrial Cluster Development and Factory Establishment Act and knowledge industrial centers established under Article 28-2 of the same Act.
3. Cooperatives complexes with approval of implementation plans for an industrial complexes pursuant to the provisions of Article 31 of the Small and Medium Enterprises Promotion Act and Article 11 (1) of this Act;
4. Areas with joint prevention facilities pursuant to the provisions of Article 29 of the Clean Air Conservation Act or Article 35 (4) of the Water Quality and Ecosystem Conservation Act;
5. Other combined areas prescribed by Ordinance of the Ministry of Knowledge Economy.
(2) An interested person of specific fire-prevention objects pursuant to the provisions of Article 2 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, who is running businesses in the same industrial complex, etc., may appoint a fire prevention controller together with the interested persons of not more than three special areas, notwithstanding the provisions of Article 14 (2) of the said Act. In such cases, the aggregate of sizes of their special areas shall not exceed 40,000 square meters. <Amended by Act No. 6893, May 29, 2003>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 33 (Joint Employment of Poisonous Substance Controllers)   print
A person required to employ a poisonous substance controller pursuant to the provisions of Article 25 (1) of the Toxic Chemicals Control Act, who is running businesses in the same industrial complex, etc., may designate a poisonous substance controller together with business operators of not more than five working places, notwithstanding the provisions of the same paragraph of the same Article: Provided, That this shall not apply to those who are running businesses of handling poisonous substances subject to restrictions.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 34 (Joint Employment of Operators of Apparatus Subject to Inspection)   print
A person having installed apparatus subject to inspection pursuant to Article 39 (2) of the Energy Use Rationalization Act, who is running businesses in the same industrial complex, etc., may employ an operator of apparatus subject to inspection together with persons having installed apparatus subject to inspection at not more than three working places, notwithstanding Article 40 of the said Act. In such cases, the aggregate number of apparatus subject to inspection owned by them shall not exceed 10. <Amended by Act No. 8800, Dec. 27, 2007>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 35 (Joint Employment of Electric Safety Controllers)   print
An owner or an occupier of electric facilities for private use pursuant to the provisions of subparagraph 19 of Article 2 of the Electric Utility Act, who is running businesses in the same industrial complex, etc., may appoint an electric safety controller together with owners or occupiers of electric facilities for private use at not more than three working places, notwithstanding the provisions of Article 73 of the said Act. In such cases, the total capacity of electric facilities used by them shall not exceed 1,500 kilo watts. <Amended by Act No. 6637, Jan. 26, 2002; Act No. 9680, May 21, 2009>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 36 (Joint Employment of Industrial Safety Controllers, etc.)   print
A person running businesses in the same industrial complex, etc. may employ a safety controller or a health controller together with business owners of not more than three working places, notwithstanding the provisions of Articles 15 and 16 of the Occupational Safety and Health Act. In such cases, the aggregate of full-time employees by them shall not exceed 300.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 37 (Joint Employment of Atmospheric Environment Technicians)   print
A business operator under the provisions of Article 26 of the Clean Air Conservation Act, who is running businesses in the same industrial complex, etc., may designate an environment technician together with business operators of not more than four (not more than three working places if such working places are prescribed by Presidential Decree) working places, notwithstanding the provisions of Article 40 of the said Act. In such cases, their working places shall emit air pollutants (referring to dust, sulfur oxides, and nitrogen oxides generated before passing through preventive facilities, the amount of which is calculated in such a means as provided for in Article 39 of the Enforcement Rule of the Clean Air Conservation Act; hereafter the same shall apply in this Article) less than 80 tons per year, if their working places do not discharge specific hazardous air pollutants, and shall emit air pollutants less than 20 tons per year, where their working places discharge specific hazardous air pollutants. <Amended by Act No. 7168, Feb. 9, 2004; Act No. 7442, Mar. 31, 2005; Act No. 8404, Apr. 27, 2007>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 38 (Joint Employment of Water Quality Environment Technicians)   print
A business operator under the provisions of Article 35 of the Water Quality and Ecosystem Conservation Act, who is running businesses in the same industrial complex, etc., may designate an environment technician together with business operators of not more than four (not more than three working places if such working places are prescribed by Presidential Decree) working places, notwithstanding the provisions of Article 47 of the said Act. In such cases, their working places shall discharge waste water not more than 2,000 cubic meters a day where the waste water does not contain specific substances harmful to water quality, or shall discharge waste water not more than 700 cubic meters where the waste water contains specific substances harmful to water quality. <Amended by Act No. 7168, Feb. 9, 2004; Act No. 7459, Mar. 31, 2005; Act No. 8466, May 17, 2007>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 39 (Management, etc. of Jointly Employed Persons)   print
(1) As regards those who are employed jointly at no less than two working places pursuant to the provisions of Articles 32 through 38 (hereafter referred to as "jointly employed persons" in this Article), matters relating to works including working hours at each working place or others shall be prescribed by Presidential Decree.
(2) Jointly employed persons shall not hold concurrently offices of other compulsory employees (referring to persons who need to be employed by Acts and subordinate statutes; hereinafter the same shall apply).
(3) Where working hours of jointly employed persons at a relevant working place falls short of working hours at each working place provided for in the provisions of paragraph (1) or jointly employed persons hold concurrently offices of other compulsory employees in contravention of the provisions of paragraph (2), it is deemed that the business operator of the relevant working place has not employed the employee jointly.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 40 (Entrusting of Safety Control, etc.)   print
(1) Any business operator may entrust the business of any person falling under any of the following subparagraphs to a management agency designated by the head of the relevant central administrative agency, notwithstanding the provisions of the Acts in the following subparagraphs: <Amended by Act No. 6893, May 29, 2003; Act No. 7168, Feb. 9, 2004; Act No. 7186, Mar. 11, 2004; Act No. 7459, Mar. 31, 2005; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007; Act No. 8800, Dec. 27, 2007>
1. A safety controller a business owner shall keep under the provisions of Article 15 of the Occupational Safety and Health Act;
2. A health controller a business owner shall keep under the provisions of Article 16 of the Occupational Safety and Health Act;
3. A safety controller of dangerous substances to be appointed by an interested person of a manufacturing place, etc. pursuant to the provisions of Article 15 of the Safety Control of Dangerous Substances Act;
4. A security supervisor of manufacturing and managing explosives to be appointed by a person manufacturing or selling explosives, installing storage facility of explosives, or using explosives pursuant to the provisions of Article 27 of the Control of Firearms, Swords, Explosives, etc. Act;
5. An operator of apparatus subject to inspection to be appointed by a person having installed it pursuant to Article 40 of the Energy Use Rationalization Act;
6. Deleted; <by Act No. 6637, Jan. 26, 2002>
7. A poisonous substance controller a business owner shall appoint under the provisions of Article 25 (1) of the Toxic Chemicals Control Act;
8. An environment technician a business operator shall appoint under the provisions of Article 40 of the Clean Air Conservation Act;
9. An environment technician whom a business operator shall appoint under the provisions of Article 47 of the Water Quality and Ecosystem Conservation Act.
(2) "Head of the relevant central administrative agency" in paragraph (1) means the head of the central administrative agency specified in each of the following subparagraphs: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 6637, Jan. 26, 2002; Act No. 7186, Mar. 11, 2004; Act No. 8852, Feb. 29, 2008; Act No. 10339, Jun. 4, 2010>
1. In cases where a management agency is entrusted with the business of the person pursuant to the provisions of paragraph (1) 1, he/she shall be the Minister of Employment and Labor;
2. In cases where a management agency is entrusted with the business of the person pursuant to the provisions of paragraph (1) 3, he/she shall be the Administrator of the National Emergency Management Agency;
2-2. In cases where a management agency is entrusted with the business of the person pursuant to the provisions of paragraph (1) 4, he/she shall be the Minister of Public Administration and Security;
3. In cases where a management agency is entrusted with the business of the person pursuant to the provisions of paragraph (1) 5, he/she shall be the Minister of Knowledge Economy;
4. In cases where a management agency is entrusted with the business of the person pursuant to the provision of paragraph (1) 7 through 9, he shall be the Minister of Environment.
(3) Necessary matters concerning designation requirement, procedure of application for designation, revocation of designation, suspension of busi ness, etc. of a management agency under paragraph (1) shall be determined by Ordinance of the corresponding Ministry as specified in the following subparagraphs: <Amended by Act No. 5785, Feb. 5, 1999; Act No. 6637, Jan. 26, 2002; Act No. 8852, Feb. 29, 2008; Act No. 10339, Jun. 4, 2010>
1. Matters concerning a management agency that is entrusted with the business of the person pursuant to the provisions of paragraph (1) 1 and 2 shall be determined by Ordinance of the Ministry of Employment and Labor;
2. Matters concerning a management agency that is entrusted with the business of the person pursuant to the provisions of paragraph (1) 3 and 4 shall be determined by Ordinance of the Ministry of Public Administration and Security;
3. Matters concerning a management agency that is entrusted with the business of the person pursuant to the provisions of paragraph (1) 5 shall be determined by Ordinance of the Ministry of Knowledge Economy;
4. Matters concerning a management agency that is entrusted with the business of the person pursuant to the provisions of paragraph (1) 7 through 9 shall be determined by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 41 (Relaxation of Qualification Restriction on Vocational Trainee)   print
The standards for qualifications of advanced trainee and retrainee pursuant to the provisions of Article 7 (2) of the Vocational Training Promotion Act shall not apply to the in-house vocational training practiced by a small and medium business operator, etc. <Amended by Act No. 5474, Dec. 24, 1997>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
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 Article 42 (Deliberation at Time of Enactment or Amendment of Acts and Subordinate Statutes)   print
In cases where the head of the relevant administrative agency wishes
to enact or amend matters related to the relaxation of compulsory employment prescribed in this chapter and matters affecting the employment duty such as number and qualification, etc. of compulsory employees, he/she shall consult with the Minister of Knowledge Economy in advance. <Amended by Act No. 5368, Aug. 22, 1997; Act No. 5785, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 5328, Apr. 10, 1997]
CHAPTER Ⅳ DEREGULATION OF EXPORT AND IMPORT
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 Articles 43 and 44 Deleted.<by Act No. 6226, Jan. 28, 2000>   print
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 Article 45 Deleted.<by Act No. 5785, Feb. 5, 1999>   print
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 Article 46 (Consultation, etc. on Procedure of Export and Import)   print
(1) The head of the relevant administrative agency, who intends to decide the procedure of export and import of goods under the provisions of other Acts and subordinate statutes than the Foreign Trade Act, shall consult in advance with the Minister of Knowledge Economy. In such cases, the Minister of Knowledge Economy may adjust the procedure of export and import of goods in question. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 8852, Feb. 29, 2008>
(2) Where the head of the relevant administrative agency decides the procedure for export and import of goods pursuant to paragraph (1), he/she shall present the procedure of export and import of goods to the Minister of Knowledge Economy in order to make the consolidated public notice pursuant to Article 12 of the Foreign Trade Act prior to the enforcement date of the Acts and subordinate statutes. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 8356, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
CHAPTER Ⅴ RELAXATION OF INSPECTION, ETC.
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 Article 47 (Relaxation of Inspection, etc.)   print
(1) A machinery, an apparatus, and facilities subject to inspection under the provisions of any of the following subparagraphs shall be exempted from the safety certification pursuant to Article 34 (2) of the Occupational Safety and Health Act, report pursuant to Article 35 (1) of the same Act and safety inspection pursuant to Article 36 (1) of the same Act: <Amended by Act No. 6637, Jan. 26, 2002; Act No. 7442, Mar. 31, 2005; Act No. 8562, Jul. 27, 2007; Act No. 9384, Jan. 30, 2009>
6. Articles 13 and 17 of the Elevator Facilities Safety Control Act.
(2) Deleted. <by Act No. 8599, Aug. 3, 2007>
(3) In relation to inspection pursuant to the provisions of Article 17 (2) of the High-Pressure Gas Safety Control Act on pressure vessels among specific facilities pursuant to the provisions of Article 3 of the same Act, inspection pursuant to the provisions of Article 58 (4) of the Energy Use Rationalization Act on pressure vessels among machinery and tools subject to inspection pursuant to the provisions of Article 58 (1) of the same Act, and safety inspection on pressure vessels from among harmful and dangerous machinery or such pursuant to Article 36 (1) of the Occupational Safety and Health Act, the time, inspection agency, scope and method, etc. shall be governed by Presidential Decree. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8562, Jul. 27, 2007>
(4) Any person who imports what is prescribed by Ordinance of the Ministry of Knowledge Economy from among specific installations and protective equipment falling under each of the following subparagraphs may undergo an inspection of, receive safety certification from or make a report of autonomous safety confirmation to the Korea Gas Safety Corporation established pursuant to the provisions of Article 28 of the High-Pressure Gas Safety Control Act or by the Korea Occupational Safety and Health Agency pursuant to the Korea Occupational Safety and Health Agency Act notwithstanding the provisions of Article 17 (1) of the High-Pressure Gas Safety Control Act and Articles 34 (2) and 35 (1) of the Occupational Safety and Health Act. In such cases, where any of the said inspection, safety certification or report of autonomous safety confirmation has been made, an inspection, safety certification or report of autonomous safety confirmation shall be deemed to have been made respectively in accordance with each Act: <Newly Inserted by Act No. 6226, Jan. 28, 2000; Act No. 8562, Jul. 27, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9319, Dec. 31, 2008>
1. Specific installations required to undergo inspections under the provisions of Article 17 (1) of the High-Pressure Gas Safety Control Act;
2. Protective equipment required to receive safety certification pursuant to Article 34 (2) of the Occupational Safety and Health Act or to make a report of autonomous safety confirmation pursuant to Article 35 (1) of the same Act.
(5) Deleted. <by Act No. 9532, Mar. 25, 2009>
law view
 Article 48 (Relaxation of Repetitious Inspection on Liquefied Petroleum Gas Facilities, etc.)   print
(1) A person who has obtained the license of liquefied petroleum gas-filling business, liquefied petroleum gas collective supply business, gas appliance manufacturing business or liquefied petroleum gas sales business pursuant to the provisions of Article 3 of the Safety Control and Business of Liquefied Petroleum Gas Act, and a person who has obtained the license of urban gas business pursuant to the provisions of Article 3 of the Urban Gas Business Act, shall be deemed to have been examined and confirmed over the harm and danger prevention plan pursuant to the provisions of Article 48 of the Occupational Safety and Health Act. The same shall be applicable to persons who has obtained a modified license for already licensed matters. <Amended by Act No. 7442, Mar. 31, 2005>
(2) If a person who has obtained the license for installation of liquefied petroleum gas storage pursuant to the provisions of Article 5 of the Safety Control and Business of Liquefied Petroleum Gas Act submits, to the Minister of Employment and Labor, the harm and danger prevention plan over structures, machinery, apparatuses and facilities, etc. pursuant to the provisions of Article 48 of the Occupational Safety and Health Act with the document certifying that it was licensed, he/she shall be deemed to have been examined and confirmed over the harm and danger prevention plan over the relevant liquefied petroleum gas storage. The same shall be applicable to persons who has obtained a modified license for already licensed matters. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 10339, Jun. 4, 2010>
law view
 Article 49 (Relaxation of Repetitious Inspection, etc. on Gas Goods)   print
A person who has obtained a license for marking the standard of a product pursuant to the provisions of Article 11 of the Industrial Standardization Act, shall be exempted from duty for submission of report or document pursuant to the provisions of Article 11 of the Industrial Standardization Act, shall be exempted from duty for submission of report or document pursuant to Article 38 of the Safety Control and Business of Liquefied Petroleum Gas Act. <Amended by Act No. 5829, Feb. 8, 1999; Act No. 8358, Apr. 11, 2007>
law view
 Article 50 (Relaxation of Electromagnetic Compatibility Registration)   print
If a person who desires to import machinery and tools triggering electromagnetic interference submits to the Chairman of the Korea Communications Commission a document officially approving electromagnetic compatibility with respect to those machinery and tools in such a state-authorized electromagnetic compatibility accreditation institution as decided by the Chairman of the Korea Communications Commission in consultation with the Minister of Knowledge Economy, he/she shall be deemed to have obtained electromagnetic compatibility registration pursuant to Article 57 of the Radio Waves Act. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 7442, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008>
law view
 Article 51 Deleted.<by Act No. 5728, Jan. 29, 1999>   print
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 Article 52 (Relaxation of Repetitious Regulation on Identification, etc. of Chemical Substances)   print
(1) Any person who has made an indication of poisonous substance pursuant to the provisions of Article 28 of the Toxic Chemicals Control Act on a container or package of identical material shall be deemed to have made an indication of hazardous substance on a transport container carrying hazardous substances and its exterior cover by the loading method of hazardous substances as prescribed by Ordinance of the Ministry of Public Administration and Security pursuant to the provisions of Article 20 of the Safety Control of Dangerous Substances Act, in such a manner as decided by the Minister of Environment in consultation with the Minister of Public Administration and Security. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008>
(2) If a person, who shall make not less than two indications including subparagraph 1 on a manufacturing, keeping, storing place or transportation facility, etc. of identical material among indications in the fol lowing subparagraphs, has made an indication of subparagraph 1 in such a manner as decided by the Administrator of the National Emergency Management Agency in consultation with the Minister of Environment and the Minister of Employment and Labor, he/she shall be deemed to have made an indi cation of subparagraph 2 or 3: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5785, Feb. 5, 1999; Act No. 6893, May 29, 2003; Act No. 7186, Mar. 11, 2004; Act No. 7292, Dec. 31, 2004; Act No. 7442, Mar. 31, 2005; Act No. 10339, Jun. 4, 2010>
1. Indication of a hazardous substance manufacturing place, storing place, or handling place under the provisions of Article 5 (4) of the Safety Control of Dangerous Substances Act;
2. Indication of poisonous substances pursuant to the provisions of Article 29 (2) of the Toxic Chemicals Control Act;
3. Installation or adhesion of safety or health mark pursuant to the provisions of Article 12 of the Occupational Safety and Health Act.
law view
 Article 53 Deleted.<by Act No. 5303, Mar. 7, 1997>   print
law view
 Article 54 (Special Cases on Permissible Emission Standards)   print
Where a small and medium business operator, etc. emits pollutants over the permissible emission standards pursuant to the provisions of Article 32 of the Water Quality and Ecosystem Conservation Act, Article 16 or 29 (3) of the Clean Air Conservation Act for a reason falling under any one of the following subparagraphs, he/she shall not be subject to the imposition of emission dues pursuant to the provisions of Article 41 (1) of the Water Quality and Ecosystem Conservation Act or Article 19 (1) of the Clean Air Conservation Act: <Amended by Act No. 7459, Mar. 31, 2005; Act No. 8404, Apr. 27, 2007; Act No. 8466, May 17, 2007; Act No. 8852, Feb. 29, 2008>
1. Where emission or preventive facilities are not operated properly due to suspension of power supply or water supply, which is not informed forty-eight hours in advance;
2. Where emission or preventive facilities are not operated properly due to natural disaster, fire or other acts of God;
3. Where flare stack pursuant to the standards as prescribed by Ordinance of the Ministry of Knowledge Economy under the provisions of Article 4 (4) of the High-Pressure Gas Safety Control Act or facilities as prescribed by other Acts and subordinate statutes are operated to prevent any accidents which may occur due to fire or explosion: Provided,That this shall exclude the cases prescribed by Presidential Decree including improper operation, etc., of the said facilities for a given period of time under the normal operation of emission or preventive facilities.
[This Article Wholly Amended by Act No. 7442, Mar. 31, 2005]
law view
 Articles 54-2 and 54-3 Deleted.<by Act No. 5389, Aug. 28, 1997>   print
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 Article 54-4 (Exemption from Obligation of Filing Statement on Designation, etc. of Environment Technicians)   print
(1) A business operator under the provisions of Article 35 (1) of the Water Quality and Ecosystem Conservation Act may not file statement on the designation or changes in designation of an environment technician, notwithstanding the provisions of Article 47 (1) of the same Act. <Amended by Act No. 7168, Feb. 9, 2004; Act No. 8466, May 17, 2007>
(2) A business operator under the provisions of Article 26 (1) of the Clean Air Conservation Act may not file statement on the designation or changes in designation of an environment technician, notwithstanding the provisions of Article 40 (1) of the same Act. <Amended by Act No. 7168, Feb. 9, 2004; Act No. 8404, Apr. 27, 2007>
[This Article Newly Inserted by Act No. 5328, Apr. 10, 1997]
law view
 Article 54-5 Deleted.<by Act No. 5389, Aug. 28, 1997>   print
law view
 Article 55 Deleted.<by Act No. 9532, Mar. 25, 2009>   print
law view
 Articles 55-2 and 55-3 Deleted.<by Act No. 8599, Aug. 3, 2007>   print
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 Article 55-4 Deleted.<by Act No. 5351, Aug. 22, 1997>   print
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 Article 55-5 (Relaxation of Regulation on Authorization of Outsourcing of Harmful Work)   print
The power to conduct safety and health evaluations under Article 28 (3) of the Occupational Safety and Health Act shall not be exercised when the Minister of Employment and Labor authorizes the outsourcing of harmful work under Article 28 of the same Act. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Wholly Amended by Act No. 9980, Jan. 27, 2010]
law view
 Article 55-6 (Formulation of Uniform Safety Control Regulations, etc.)   print
Where any person liable to submit a plan for improving the safety under the provisions of Article 13-2 (1) of the High-Pressure Gas Safety Control Act makes safety control regulations that contain matters falling under each of the following subparagraphs in accordance with the provisions of Article 11 (1) of the same Act, he/she shall be deemed to make preventive regulations or safety and health control regulations under the Safety Control of Dangerous Substances Act or the Occupational Safety and Health Act: <Amended by Act No. 6893, May 29, 2003>
1. Matters relating to the preventive regulations under the provisions of Article 17 of the Safety Control of Dangerous Substances Act;
2. Matters relating to the safety and health control regulations under the provisions of Article 20 of the Occupational Safety and Health Act.
[This Article Newly Inserted by Act No. 6226, Jan. 28, 2000]
law view
 Article 55-7 Deleted.<by Act No. 7442, Mar. 31, 2005>   print
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 Article 55-8 (Relaxation of Regulations on Use of Insurance Revenues of Gas Business Operators)   print
The provisions that permit the Minister of Knowledge Economy to ask insurers to use part of their insurance revenues to support financially persons engaged in projects for the prevention of gas accidents in accordance with the provisions of Article 25 (3) of the High-Pressure Gas Safety Control Act, Article 33 (3) of the Safety Control and Business of Liquefied Petroleum Gas Act and Article 43 (3) of the Urban Gas Business Act shall not be applied. <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 6226, Jan. 28, 2000]
law view
 Article 55-9 (Relaxation of Obligation to Report Appointment and Dismissal, etc. of Gas-Related Safety Controllers)   print
Any business operators under the provisions of the High-Pressure Gas Safety Control Act, the Safety Control and Business of Liquefied Petroleum Gas Act, and the Urban Gas Business Act may not make a report on the appointment, dismissal, or retirement of his/her safety controller in accordance with the provisions falling under each of the following subparagraphs, under the conditions prescribed by Presidential Decree, notwithstanding the provisions of the said Acts: <Amended by Act No. 7442, Mar. 31, 2005; Act No. 8358, Apr. 11, 2007>
[This Article Newly Inserted by Act No. 6226, Jan. 28, 2000]
law view
 Article 55-10 Deleted.<by Act No. 8801, Dec. 27, 2007>   print
CHAPTER Ⅵ RELAXATION OF ENTRY RESTRICTION, ETC.
law view
 Article 56 Deleted.<by Act No. 5785, Feb. 5, 1999>   print
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 Article 57 Deleted.<by Act No. 5726, Jan. 29, 1999>   print
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 Article 58 Deleted.<by Act No. 5352, Aug. 22, 1997>   print
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 Article 59 Deleted.<by Act No. 5824, Feb. 8, 1999>   print
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 Article 60 (Relaxation of Restriction on Participation Qualification in Bids)   print
For any person on whom a restriction on participation qualification in bid is placed by the heads of other local governments under Article 62 (1) of the Local Finance Act, the head of a local government may not restrict the participation qualification in bid executed by the relevant local government notwithstanding the provisions of Article 62 (2) of the same Act.
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 Article 60-2 Deleted.<by Act No. 5785, Feb. 5, 1999>   print
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 Article 60-3 Deleted.<by Act No. 5351, Aug. 22, 1997>   print
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 Article 60-4 Deleted.<by Act No. 7442, Mar. 31, 2005>   print
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 Article 60-5 Deleted.<by Act No. 6226, Jan. 28, 2000>   print
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 Article 60-6 Deleted.<by Act No. 7442, Mar. 31, 2005>   print
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 Article 60-7 Deleted.<by Act No. 6226, Jan. 28, 2000>   print
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 Article 60-8 (Special Cases on Scope of Functions of Korea Water Resources Corporation)   print
The Korea Water Resources Corporation under the Korea Water Resources Corporation Act may undertake development projects of industrial complexes or special areas in areas other than those relevant to development of industrial complexes or special areas was performed or is performing by the Coporation, notwithstanding the provisions of the proviso to Article 9 (1) 5 of the said Act.
[This Article Newly Inserted by Act No. 5328, Apr. 10, 1997]
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 Article 60-9 Deleted.<by Act No. 6226, Jan. 28, 2000>   print
law view
 Articles 60-10 and 60-11 Deleted.<by Act No. 6239, Jan. 28, 2000>   print
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 Article 60-12 Deleted.<by Act No. 7442, Mar. 31, 2005>   print
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 Article 60-13 (Relaxation of Business Succession)   print
(1) Any person who has taken over facilities falling under any of the following subparagraphs according to an auction under the Civil Execution Act, a realization under the Debtor Rehabilitation and Bankruptcy Act, a sale of seized property under the National Tax Collection Act, the Customs Act or the Framework Act on Local Taxes and other procedures corresponding to such means shall succeed to the status of a business operator, etc. under Articles 4 and 5 of the High-Pressure Gas Safety Control Act or Article 3 of the Urban Gas Business Act:Provided, That the same shall not apply to the case where part of such facilities are taken over: <Amended by Act No. 6627, Jan. 26, 2002; Act No. 7428, Mar. 31, 2005; Act No. 10219, Mar. 31, 2010>
1. Facilities used to manufacture, store or sell high-pressure gas by a person who has obtained a permission or made a report in accordance with the provisions of Article 4 of the High-Pressure Gas Safety Control Act or by a person who has registered his/her business in accordance with the provisions of Article 5 of the same Act;
2. Facilities used to supply urban gas by a person who has obtained a permission in accordance with the provisions of Article 3 of the Urban Gas Business Act.
(2) The provisions of Article 8 (3) of the High-Pressure Gas Safety Control Act or Article 7 (2) and (3) of the Urban Gas Business Act shall apply mutatis mutandisto a person who has succeeded to the status in accordance with the provisions of the main sentence of paragraph (1).
[This Article Newly Inserted by Act No. 6226, Jan. 28, 2000]
CHAPTER Ⅶ AND Ⅷ Deleted
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 Articles 61 through 75 Deleted.<by Act No. 9532, Mar. 25, 2009>   print
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1995: Provided, That the provisions of Article 52 shall enter into force on July 1, 1995.
Article 2 (Examples on Application concerning Sale Verification of Farmland and Forest land)
The provision of Article 13 shall be applied to a person, who has obtained an industrial location license, etc. before this Act enters into force.
Article 3 (Transitional Measures on Person Having Right of Management of Industrial Complex)
As for the local industrial complex that a person, who has obtained approval of the practical cooperation plan under the provisions of Article 14 of the Small and Medium Enterprises Promotion Act, prepared as an executor Small and Medium Enterprises Promotion Act, prepared as an executor of industrial complex development project under the provision of Article 16 of the Industrial Sites and Development Act before this Act enters into force, a person who has obtained approval of the practical cooperation plan shall be construed to be a person having right of management under the provisions of Article 30 (1) of the Industrial Placement and Factory Construction Act.
Article 4 (Prohibition of Disadvantage against Safety Controller, Public Health Manager, etc.)
At the time when this Act enters into force, safety controllers, public health managers, industrial health doctors and cooks who were employed under the previous relevant Acts and subordinate statutes shall not be dismissed, changed in position nor be subject of other disadvantageous measures due to the enforcement of this Act.
Article 5 (Transitional Measures on Person Licensed to Install Emission Facilities)
A person who has obtained a license to install emission facilities under the provisions of Article 9 of the Noise and Vibration Control Act before this Act enters into force, shall be deemed to have reported or have been licensed under the provisions of Article 53 (1) of this Act.
Article 6 (Transitional Measures on Transfer Registration of Mining Right and Mining Concession Right)
A person having mining right and a person having mining concession right, who transferred and registered a mining right and a mining concession right before this Act enters into force, shall come to business (it means prospecting or mining) within one year from the enforcement date of this Act.
ADDENDA<Act No. 5091, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5111, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5211, Dec. 30, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1997. (Proviso is Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 5303, Mar. 7, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 5328, Apr. 10, 1997>
(1) (Enforcement Date) This Act shall enter into force on May 1, 1997: Provided, That the amended provisions of Articles 29 (2) 6, 29 (3) 8, 30 (1) 4, 30 (3) 5, 33, and 40 (1) 7 shall enter into force on July 1, 1997.
(2) (Prohibition of Disadvantage against Compulsory Employee Employed) At the time when this Act enters into force, compulsory employees who were employed under the previous relevant Acts and subordinate statutes shall not be dismissed, changed in position nor be subject to other disadvantageous measures due to the enforcement of this Act.
(3) (Application Examples) The amended provisions of Article 24 shall apply starting with an industrial complex for which an implementer of the industrial complex development project first asks an electricity supplier to install electric arterial facilities and power distribution facilities for the supply of electricity after the enforcement of this Act: Provided, That the amended provisions of Article 24 may apply to any industrial complex for which an electricity supplier has been asked to install electric arterial facilities and power distribution facilities prior to the enforcement of this Act but fails to start such installation. <Amended by Act No. 6226, Jan. 28, 2000>
ADDENDA<Act No. 5350, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 5351, Aug. 22, 1997>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
(2) through (4) Omitted.
ADDENDA<Act No. 5352, Aug. 22, 1997>
(1) (Enforcement Date) This Act shall enter into force six months after its promulgation.
(2) through (4) Omitted.
ADDENDA<Act No. 5368, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on the date to be prescribed by Presidential Decree, within the limits not exceeding one year from the date of its promulgation.
[This provision shall enter into force on March 1, 1998 pursuant to the Addenda of Presidential Decree (No. 15681, Feb. 24, 1998)]
Articles 2 through 5 Omitted.
ADDENDA<Act No. 5388, Aug. 28, 1997>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) and (3) Omitted.
ADDENDA<Act No. 5389, Aug. 28, 1997>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) through (4) Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5474, Dec. 24, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1999.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 5596, Dec. 28, 1998>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) Omitted.
ADDENDA<Act No. 5712, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5726, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 5728, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 5758, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000.
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 5785, Feb. 5, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5824, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 5829, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 5831, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) through (5) Omitted.
ADDENDA<Act No. 5911, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6019, Sep. 7, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6095, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 10 Omitted.(Supp. 16)
ADDENDA<Act No. 6154, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 6226, Jan. 28, 2000>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 55-9 and 55-10 (1) shall enter into force three months after the date of its promulgation and the amended provisions of Article 55-10 (2) and (3) shall enter into force on January 1, 2005, respectively. <Amended by Act No. 6583, Dec. 31, 2001>
(2) (Valid Period) The amended provisions of Article 55-7 shall be effective until December 31, 2000.
ADDENDA<Act No. 6239, Jan. 28, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promul gation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 6406, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 6583, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6637, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6842, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2003.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promul gation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7168, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7292, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7442, Mar. 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 16 (4) shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures on Notification of Processing Criteria, etc.)
Where the head of the relevant administrative agency having the power of authorization and license, etc. related to the incorporation and factory construction under Articles 4 (1) and 8 (1) has established the processing criteria and procedure, etc. of such authorization and license, etc. prior to the enforcement of this Act, he shall inform the Minister of Commerce, Industry and Energy thereof not later than six months after the enforcement of this Act.
(3) (Applicable Cases concerning Period for Processing of Approval, etc. of Factory Construction) The amended provisions of Article 10 (4) shall be applicable to the applications which are made for approval of factory construction, etc. (including approval, etc. of any alteration in factory construction and authorization or license, etc. deemed as approval, etc. of factory construction under other Acts) under Article 9 (4) on or after the enforcement of this Act.
(4) (Applicable Cases concerning Period for Giving Reply to Recommendation Made by Deliberation Committee for Regulation on Corporate Activity) The amended provisions of Article 71 (3) shall be applicable to the recommendation of corrective measures or improvement which the Deliberation Committee for Regulation on Corporate Activity referred to in Article 61 makes pursuant to Article 71 (1) and (2) on or after the enforcement of this Act.
ADDENDA<Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7855, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 7995, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8337, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8356, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8358, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8361, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8362, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8562, Jul. 27, 2007>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on January 1, 2009. (Proviso Omitted)
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 8599, Aug. 3, 2007>
This Act shall enter into force on January 1, 2009.
ADDENDA<Act No. 8800, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 8801, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8980, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July, 14, 2008.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA<Act No. 9319, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 9384, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9532, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures)
When the penal provisions and fines for negligence are applied to any acts done before this Act enters into force, they shall be in accordance with the previous provisions.
Article 3 Omitted.
ADDENDA<Act No. 9680, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9980, Jan. 27, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 10252, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 10339, Jun.. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 5 Omitted.