Enforcement Decree Of The Industrial Cluster Development And Factory Establishment Act


Published: 2012-12-12

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for the matters delegated by the Industrial Cluster Development and Factory Establishment Act and the matters necessary for the execution thereof.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 2 (Scope of Factory)   print
(1) The scope of the manufacturing business pursuant to subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the "Act") shall be the manufacturing business according to the Korea Standard Industry Code announced by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act.
(2) Those matters included in the scope of the manufacturing business pursuant to subparagraph 1 of Article 2 of the Act shall be as follows:
1. Manufacturing facilities necessary for performing manufacturing business (including facilities for processing, assembling and repairing goods; hereinafter the same shall apply) and pilot manufacturing facilities;
2. In cases of engaging in the manufacturing business, incidental facilities prescribed by Ordinance of the Ministry of Knowledge Economy, which are installed in the relevant factory site for management and support of the manufacturing facilities, and for the welfare of employees;
3. In cases of engaging in the manufacturing business, facilities which should be installed mandatorily in accordance with the related Acts and subordinate statutes;
4. Factory sites where the facilities under subparagraphs 1 through 3 have been installed.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 3 Deleted. <by Presidential Decree No. 22273, Jul. 12, 2010>   print
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 Article 4 Deleted. <by Presidential Decree No. 22273, Jul. 12, 2010>   print
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 Article 4-2 Deleted. <by Presidential Decree No. 22273, Jul. 12, 2010>   print
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 Article 4-3 (System of Forming Industrial Cluster)   print
The term "cluster that generates synergistic effects through mutual links by integrating companies, research institutes, universities and corporate-support facilities in certain areas" in subparagraph 6 of Article 2 of the Act means a cluster that generates the synergistic effects through mutual links with systems referred to in the following subparagraphs integrated in a certain zone:
1. Industrial production system comprised of large enterprises and smalland medium-sized enterprises in charge of production functions;
2. Industrial technology system comprised of universities and research institutes in charge of research and development functions;
3. Corporate-support system comprised of institutions in charge of various support functions, such as marketing, finance, insurance, consulting, etc.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 4-4 (Knowledge-Based Industry)   print
"Industries prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means the following industries:
1. Knowledge-based industry pursuant to Article 6 (2);
2. Industries utilizing state-of-the-art technology pursuant to Article 5 of the Industrial Development Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 4-5 (Scope of Public Facilities)   print
"Public facilities prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means the following facilities: <Amended by Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23356, Dec. 8, 2011>
2. Joint prevention facilities (referring to joint prevention facilities under Article 29 of the Clean Air Conservation Act, and joint prevention facilities under Article 35 of the Water Quality and Aquatic Ecosystem Conservation Act), parking lots, playgrounds, and nursery facilities under subparagraph 3 of Article 2 of the Infant Care Act (hereinafter referred to as "nursery facilities").
[This Article Newly Inserted by Presidential Decree No. 222273, Jul. 12, 2010]
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 Article 4-6 (Knowledge Industry Center)   print
"Building prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act means a building satisfying each of the following requirements: <Amended by Presidential Decree No. 22987, Jun. 27, 2011; Presidential Decree No. 23259, Oct. 26, 2011>
1. A collective building having at least three floors aboveground;
2. A building which can house at least six factories;
3. A building, the total floor area (limited to aboveground floors) referred to in Article 119 (1) 3 of the Enforcement Decree of the Building Act of which is equal to or exceeds 300 percent of the building area referred to in subparagraph 2 of the same paragraph: Provided, That where the total floor area of a building fails to be equal to or exceed 300 percent of the building area as the building falls under any of the following items, the highest rate permitted by a relevant Act or subordinate statute shall apply thereto:
(a) Where a floor area ratio is separately prescribed by Municipal Ordinance of a Special Metropolitan City, Metropolitan City, Special Self-Governing City, Special Self-Governing Province, Si or Gun pursuant to Article 78 of the National Land Planning and Utilization Act;
(b) Where it is intended to observe the areas referred to in Article 8 of the Act on Special Cases concerning Support of Technoparks.
[This Article wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 5 (Management Business of Industrial Complex)   print
(1) "Affairs prescribed by Presidential Decree" in the part other than the items of subparagraph 15 of Article 2 of the Act means the following business: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Business concerning the formulation and execution of a master plan for management of an industrial complex (hereinafter referred to as "master plan for management") pursuant to Article 33 (1) of the Act;
2. Business concerning the formulation of a plan regarding public facilities, support facilities and public facilities, and the installation and operation thereof;
3. Business concerning sale and lease of industrial sites, ex post facto management and occupancy of industrial sites;
4. Business concerning building factories, knowledge industry centers and other facilities for occupant enterprises and support institutions, and sale and lease thereof;
5. Business concerning the supply of water, electricity, steam, gas, and oil to occupant enterprises and support institutions;
6. Business concerning the collection of expenses from users for building, maintenance, repair, or improvement of industrial sites and facilities;
7. Business concerning upgrading the structures of industrial complexes;
8. Business concerning support of funds, technology, human resources, market, etc. to occupant enterprises;
9. Business concerning the construction of environmentally friendly industrial complexes and the prevention of environmental pollution;
10. Business concerning guarding facilities in an industrial complex and the prevention of industrial accidents;
11. Other business necessary for the operation of industrial complexes and support to production activities of occupant enterprises.
(2) "Infrastructure prescribed by Presidential Decree" in subparagraph 15 (b) of Article 2 of the Act means facilities referred to in the following subparagraphs: Provided, That facilities owned by occupant enterprises or support institutions, or facilities for which an administrator is designated in accordance with other Acts and subordinate statutes, shall be excluded herefrom:
1. Roads, environmental pollution preventing facilities, water supply facilities, information and communications facilities, energy supply facilities and other public facilities;
2. Facilities, other than those pursuant to subparagraph 1, which are commonly used by occupant enterprises and support institutions.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 6 (Qualifications for Occupancy in Industrial Complex)   print
(1) "An enterprise or agency qualified under Presidential Decree" in subparagraphs 18 and 19 of Article 2 of the Act means:
1. An enterprise or agency that engages in business necessary for industries and facilities subject to occupancy or for support to business of occupant enterprises according to a master plan for management of the relevant industrial complex;
2. An enterprise or agency that has obtained, or can obtain, authorization, permission, etc. pursuant to the relevant Acts and regulations for performing the relevant business.
(2) "Knowledge industries" in subparagraph 18 of Article 2 of the Act means the following industries that create high value-added knowledge services by means of creative mental activities: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 23259, Oct. 26, 2011; Presidential Decree No. 24228, Dec. 12, 2012>
1. Research and development business in the standard industrial classifications the Commissioner of the Statistics Korea publishes pursuant to Article 22 of the Statistics Act;
2. Research and development business of a research institute under Article 25 of the Higher Education Act;
3. Research and development business of an institution or organization under Article 14 (1) of the Basic Research Promotion and Technology Development Support Act (limited to universities referred to in Article 6 (1) 3 of the same Act which satisfy each of the following requirements or are operated in industrial complexes pursuant to Article 2-7 of the University Establishment and Operation Regulations):
(a) A university which moves into a university-industry collaboration zone referred to in subparagraph 8-2 of Article 2 of the Act;
(b) A university with a total building area of 20,000 square meters or less;
(c) A university with an area for facilities which accounts for at least 50/100 of the total building area, such as study rooms for joint research with enterprises, and equipment support facilities and enterprise-annexed laboratories for research and development;
4. Architectural technology and engineering and other science and technology service business;
5. Advertisement making business;
6. Business producing movies, videos and broadcasting programs;
7. Publishing business;
8. Specialized design business;
9. Packaging and filling business;
10. Any of the following educational services:
(a) Educational services provided by workplace skill development and training facilities referred to in subparagraph 3 of Article 2 of the Act on the Development of Workplace Skills of Workers;
(b) Educational services provided by universities satisfying all the requirements in the items of subparagraph 3;
(c) Educational services provided by universities in industrial complexes pursuant to Article 2-7 of the University Establishment and Operation Regulations;
11. Business management consulting services (limited only to enterprises providing consulting services on and support for finance, human resources, production, market management or strategic planning);
12. Translation and interpretation services;
13. Exhibition and event agent business.
(3) "Information and communications industry" in subparagraph 18 of Article 2 of the Act means the following industries for collecting, processing, storage, search, transmission, receipt of information and the utilization thereof, and equipment, technology, services related thereto and for the promotion of informatization:
1. Computer programing, system integration and management business;
2. Software development and supply business;
3. Data processing, hosting and related service business;
4. Database and on-line content provision business;
5. Telecommunications business.
(4) "Resource storage facilities" in subparagraph 18 of Article 2 of the Act means facilities for storing energy resources, such as coal, petroleum, atomic energy, or natural gas.
(5) "Industries prescribed by Presidential Decree" in subparagraph 18 of Article 2 of the Act means the following industries: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Waste collection, transportation, disposal and raw material recycling business;
2. Waste water treatment business;
3. Warehousing business, business installing and operating cargo terminals and other distribution facilities;
4. Transportation business (excluding passenger transportation business);
5. Industrial machinery and equipment leasing business;
6. Real estate leasing and supply business;
7. Industries, such as agricultural, forestry and fishery industries, etc. which the head of a Si (including the head of an administrative city under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), the head of a Gun or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) requires them to occupy the agro-industrial complex according to a master plan for management of an agro-industrial complex for the promotion of specialized industry (hereinafter referred to as "regional specialized industry");
8. Electric business;
9. Industries designated as industries to be induced to the relevant industrial complex for the purpose of the creation of the industrial complex, vitalization of regional economy, etc. in a master plan for management;
10. Business which establishes and operates business incubation centers pursuant to subparagraph 7 of Article 2 of the Support for Small and Medium Enterprise Establishment Act.
(6) "Business prescribed by Presidential Decree" in subparagraph 19 of Article 2 of the Act means the following business:
1. Customs clearance business, service business, sales business and repair business;
2. Water supply business, electricity supply business, steam supply business, gas supply business and oil supply business;
3. Business for research and development, and technical assistance;
4. Warehousing business, transportation business and stevedoring business;
5. Business for assistance to business of occupant enterprises, such as consulting and marketing;
6. Legal affairs and accounting related services;
7. Business for operating sports facilities, which is prescribed by Ordinance of the Ministry of Knowledge Economy;
8. Business establishing and operating cultural and conference facilities pursuant to subparagraph 5 of attached Table 1 of the Enforcement Decree of the Building Act, facilities for aged people and infants pursuant to subparagraph 11 of the same attached Table, and accommodations (only applicable to hotel business pursuant to Article 3 (1) of the Tourism Promotion Act) pursuant to subparagraph 15 of the same attached table;
9. Other business deemed necessary and designated by the Minister of Knowledge Economy.
(7) Notwithstanding paragraph (1) 1, when a management agency deems it necessary for the purpose of the creation of an industrial complex, for vitalization of a regional economy or for the national economy, it may qualify any person for occupancy in the relevant industrial complex upon approval from the authorized administrator (in the case of a management agency of an agro-industrial complex, referring to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Mayor/Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor")).
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 7 (Master Plan for Vitalizaztion of Industrial Clusters)   print
(1) The master plan for vitalization of industrial clusters (hereinafter referred to as "master plan for vitalization of industrial clusters") pursuant to Article 3 (1) of the Act shall be announced in the Official Gazette.
(2) The term "industries with high growth potential prescribed by Presidential Decree" in Article 3 (2) 1 of the Act means industries referred to in the following subparagraphs:
1. Knowledge-based industries;
2. Industries suitable for the conditions of a site by region, which can lead regional development and are determined and announced by the Minister of Knowledge Economy, such as the automobile industry, the shipbuilding industry.
(3) Where the Minister of Knowledge Economy intends to formulate or change a master plan for vitalization of industrial clusters pursuant to the main sentence of Article 3 (3) of the Act, he/she shall consider the matters referred to in the following subparagraphs:
1. Matters pursuant to Article 3 (2) 1 through 4 of the Act;
2. Matters regarding industrial development vision and strategies by region;
3. Matters regarding industrial capability by region and by zone;
4. Matters regarding the present status and challenges of industrial clusters by region.
(4) "Insignificant matters prescribed by Presidential Decree" in the proviso to Article 3 (3) of the Act means the following:
1. Matters of change following the change in an administrative district;
2. Matters of change regarding industrial clusters by year and by business type.
(5) Where necessary for the formulation and change of a master plan for vitalization of industrial clusters, the Minister of Knowledge Economy may request the head of the relevant central administrative agency and the Mayor/Do governor to cooperate with him/her.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 7-2 (Designation, etc. of Industrial Cluster Planning Organization)   print
(1) The Mayor/Do governor may designate a juristic person established for the promotion of regional industries as an industrial cluster planning organization or establish the same where necessary to have it conduct affairs referred to in the following subparagraphs for the formulation of a plan for the promotion of regional industries (hereinafter referred to as "plan for the promotion of regional industries") pursuant to Article 3-2 (1) of the Act. In such cases, he/she shall consult with the Minister of Knowledge Economy in advance:
1. Collection of information and presentation of strategies for the formulation of a plan for the promotion of regional industries;
2. Development of specific programs for assistance to enterprises for a plan for the promotion of regional industries;
3. Discovery of cooperation projects between regions and between enterprises;
4. Arrangement of a plan for building cooperation systems among industries, universities and research institutes;
5. Matters regarding inducement of investment by domestic and foreign enterprises;
6. Other matters related to the formulation of a plan for the promotion of regional industries.
(2) The head of the relevant central administrative agency or the Mayor/Do governor may give assistance necessary for the establishment or operation of an industrial cluster planning organization under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 7-3 (Presentation, etc. of Plan for Promotion of Regional Industries)   print
(1) Where the Mayor/Do governor intends to receive assistance pursuant to Article 3-2 (2) of the Act, he/she shall present a plan for the promotion of regional industries to the Minister of Knowledge Economy.
(2) Where a plan for the promotion of regional industries is presented pursuant to paragraph (1), the Minister of Knowledge Economy may, after evaluation of the feasibility of the matters referred to in the following subparagraphs, etc., provide assistance according to the results thereof. In such cases, he/she shall consult with the head of the relevant central administrative agency:
1. The present status of industries of a region;
2. The industrial development capability of the region;
3. The industrial development vision of the region;
4. The detailed execution plan to foster regional industries;
5. A plan to raise financial resources;
6. Other matters necessary for the promotion of regional industries.
(3) The Minister of Knowledge Economy may conduct evaluation of business by business each year to which he/she supports for the promotion of regional industries pursuant to Article 3-2 (2) of the Act from the following year of the commencement of business and grade the assistance to business by reflecting the results thereof.
(4) Where the Minister of Knowledge Economy deems it necessary for the promotion of regional industries, or there is a request by the Mayor/Do governor, he/she may request the head of the relevant central administrative agency to establish necessary countermeasures.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 7-4 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 7-5 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 7-6 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 7-7 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 7-8 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 8 (Consultation, etc. with Specialized Organization)   print
(1) When the Minister of Knowledge Economy deems it necessary for important matters regarding policies on industrial clusters and industrial sites or for investigation of a site, he/she may consult with a specialized institution or request for investigation or research.
(2) In cases under paragraph (1), the Minister of Knowledge Economy may subsidize part of expenses incurred to a specialized institution within budget limits, and when the relevant administrative agency which needs consultation, or investigation or research on policies on industrial clusters and industrial sites, exists separately, he/she may consult with the head of the relevant administrative agency and have him/her bear such expenses.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 8-2 (Affairs, etc. Handled by Facton System)   print
(1) Affairs which may be handled by the Facton system referred to in Article 6-2 (1) of the Act (hereinafter referred to as "Facton system") shall be as follows:
1. Affairs for the management of industrial complexes referred to in subparagraph 15 of Article 2 of the Act;
2. Affairs concerning the use of data processed by the Facton system pursuant to the main sentence of Article 6-3 (1) of the Act (hereinafter referred to as "electronic data");
3. Affairs concerning the new establishment and expansion of factories or change of a type of business referred to in Article 13 (1) of the Act (hereinafter referred to as "factory establishment, etc.").
(2) "Submission of applications or materials prescribed by Presidential Decree" in Article 6-2 (2) 5 of the Act means the submission, etc. of any of the following applications or materials:
1. Documents referred to in Article 48-3 (4);
2. Applications referred to in Article 49 (2);
3. Reports referred to in Article 52-2 (1);
5. Other applications or materials prescribed by Ordinance of the Ministry of Knowledge Economy.
(3) "Other affairs prescribed by Presidential Decree" in Article 6-2 (3) of the Act means the following affairs:
2. Supplementation and withdrawal of petition documents referred to in Article 13 of the Civil Petitions Treatment Act;
3. Return of petition documents referred to in Article 15 of the Enforcement Decree of the Civil Petitions Treatment Act.
(4) Where a Mayor/Do Governor, the head of a Si/Gun/Gu or a management agency referred to in Article 30 (2) of the Act (hereinafter referred to as "management agency") handles the affairs referred to in the subparagraphs of Article 6-2 (2) of the Act without using the Facton system, he/she shall input the data on approval, etc. into the Facton system without delay and manage such data.
[This Article Wholly Amended by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 8-3 (Use, etc. of Electronic Data Processed by Facton System)   print
(1) The head of any central administrative agency or the head of any public institution who intends to use electronic data pursuant to the main sentence of Article 6-3 (1) of the Act shall file an application for deliberation with the heads of relevant central administrative agencies along with the following materials:
1. Purposes and grounds of using electronic data;
2. Scope and details of electronic data;
3. Methods of provision of electronic data;
4. Compliance or incompliance with the standards for protection of personal information;
5. Methods of keeping electronic data and methods of the safety management thereof.
(2) The head of any relevant central administrative agency who has received an application referred to in paragraph (1) shall examine the following matters and notify the applicant of the results of the examination within 15 days from the date of receipt of the application:
1. Propriety of and compliance with the matters in the subparagraphs of paragraph (1);
2. Whether a plan is formulated to prevent electronic data from being used for purposes other than the originally intended purpose.
(3) Any person who intends to obtain approval for the use of electronic data pursuant to Article 6-3 (1) of the Act shall file a written application for approval with the Minister of Knowledge Economy along with the materials referred to in the subparagraphs of paragraph (1) and results of examination referred to in paragraph (2) (limited to the heads of public institutions).
(4) "Where he/she deems that it satisfies the standards for protection of personal information of factory establishers, etc. prescribed by Presidential Decree" in the former part of Article 6-3 (2) of the Act means cases in which the following information is not included:
1. Name and resident registration number;
2. Corporation registration number and business registration number;
3. Information prescribed by Ordinance of the Ministry of Knowledge Economy, such as contact information.
(5) Notwithstanding paragraph (4), in any of the following cases, the Minister of Knowledge Economy may approve the use of electronic data in which information referred to in paragraph (4) is included:
1. Where otherwise prescribed by other Acts;
2. Where factory establishers, etc. grant consent thereon;
3. Where it is necessary for the purposes of statistical compilation, academic research, etc. (excluding paragraph (4) 1 and 2).
(6) The scope of and criteria for the provision of information to persons who obtain approval for the use of electronic data, period of inspection of information, etc. shall be prescribed by the Facton system operating guidelines.
[This Article Wholly Amended by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 8-4 (Composition, Operation, etc. of Facton System)   print
(1) The Corporation entrusted with business affairs pursuant to Article 59 (6) (hereinafter referred to as "entrusted business operator") shall conduct the following business affairs: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. Basic surveys, design and composition of the Facton system;
2. Construction, provision and operation of electronic data;
3. Installation and security management of electronic data processing equipment, such as computers and communications equipment;
4. Research on demand for the Facton system and research on various data;
5. Collection and management of information;
5-2. Inspection and issuance of certificates of civil petitions by the Facton system;
6. Other business deemed necessary and requested by the Minister of Knowledge Economy.
(2) An entrusted business operator shall prepare each year a plan and the actual results of the promotion of business on the Facton system in which the matters referred to in the subparagraphs of paragraph (1) are included, as determined by the Minister of Knowledge Economy, and submit them to the Minister of Knowledge Economy. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
(3) When an entrusted business operator has changed a business plan submitted pursuant to paragraph (2), he/she shall submit the changed plan to the Minister of Knowledge Economy.
(4) The Minister of Knowledge Economy may provide necessary funds, equipment, technology or administrative support within budgetary limits so that an entrusted business operator may smoothly conduct business concerning the construction and operation of the Facton system. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
(5) The Minister of Knowledge Economy shall prepare and publish guidelines for operating the Facton system (hereinafter referred to as "Facton system operating guidelines") with respect to other matters necessary for the operation of the Facton system. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
(6) An entrusted business operator may require the heads of local governments and heads of public institutions who use the Facton system to pay some of costs incurred in operating the Facton system. <Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 8-5 (Direction, Supervision, etc. of Users of Electronic Data)   print
The Minister of Knowledge Economy may request persons who use electronic data to submit the following materials pursuant to Article 6-3 of the Act and direct and supervise such persons in terms of the actual status of use of electronic data, safety management, etc. pursuant to Article 6-4 (1) of the Act:
1. Materials on the actual status of use of electronic data;
2. Materials on safety management plans to keep step with the use of electronic data;
3. Other materials prescribed by the Facton system operating guidelines.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 9 (Business of Industrial Site Research Center)   print
The Industrial Site Research Center pursuant to Article 7 (1) of the Act (hereinafter referred to as the "Industrial Site Research Center") shall conduct business referred to in the following subparagraphs: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Investigation, research and consultation for the formulation of policies on industrial sites;
2. Investigation, research and consultation for vitalization of industrial clusters;
3. Investigation, research and consultation for the promotion of regional industries;
4. Investigation and research on domestic and foreign systems related to industrial clusters and industrial sites;
5. Investigation, research and consultation related to a project for upgrading the structure of industrial complexes, and competitiveness strengthening project for industrial cluster zones (hereinafter referred to as "competitiveness strengthening project");
6. Support in investigation, research and consultation on the current status of industries of North Korean districts and systems for support to enterprises;
7. Other business necessary for industrial clusters and industrial sites.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 9-2 Deleted. <by Presidential Decree No. 19670, Sep, 4, 2006>   print
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 Article 10 (Fees of Industrial Site Research Center)   print
(1) To cover expenses incurred in business pursuant to Article 9, the Industrial Site Research Center may collect fees within the extent of actual expenses from persons who have been provided with the information on industrial sites, etc., or who have requested for consultation, mediation, etc.
(2) Where the Industrial Site Research Center intends to collect fees pursuant paragraph (1), it shall obtain approval from the Minister of Knowledge Economy in advance. The same shall also apply when it intends to modify the approved matters.
(3) When the Industrial Site Research Center intends to obtain approval from the Minister of Knowledge Economy pursuant to paragraph (2), it shall post the amount of fee and details of the calculation thereof on the Internet website of the Korea Industrial Complex Corporation referred to in Article 45-9 of the Act (hereinafter referred to as the "Corporation") for 20 days to seek the opinions of interested persons thereon: Provided, That where it is in a state of emergency, it may post such matters on the Internet website of the Corporation for ten days by clarifying the ground therefor. <Newly Inserted by Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23259, Oct. 26, 2011>
(4) When the Industrial Site Research Center obtains approval from the Minister of Knowledge Economy pursuant to paragraph (2), it shall post the matters for which the approval is obtained and details of the calculation of actual expenses on the Internet website of the Corporation. <Newly Inserted by Presidential Decree No. 22872, Apr. 5, 2011>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 11 (Supervision on Industrial Site Research Center)   print
(1) The Minister of Knowledge Economy may require the Industrial Site Research Center to report its operation, accounting, and other necessary matters.
(2) When the Minister of Knowledge Economy recognizes that business or accounting of the Industrial Site Research Center violates the relevant Acts and subordinate statutes, he/she may inspect business or accounting of the Industrial Site Research Center.
(3) When the Minister of Knowledge Economy recognizes that business or accounting of the Industrial Site Research Center is markedly unreasonable, he/she may fix a certain period and direct it to take necessary measures, such as the correction of business.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 11-2 (Organization, Operation, etc. of Factory Establishment Support Center)   print
(1) A factory establishment support center referred to in Article 7-2 (1) of the Act (hereinafter referred to as the "factory establishment support center") shall consist of persons with considerable knowledge and experience in the management and operation of factory information, factory establishment, etc. from among the executives and employees of the Corporation. <Amended by Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 23259, Oct. 26, 2011>
(2) The head of the factory establishment support center shall analyze the results of support of factory establishment for each half year and report such results to the Minister of Knowledge Economy within one month after the end of every half year.
(3) The Minister of Knowledge Economy may support necessary funds, facilities, technology or administration within budgetary limits so that the factory establishment support center may smoothly conduct the relevant business.
(4) Articles 10 and 11 shall apply mutatis mutandis to the supervision, fees, etc. of the factory establishment support center.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 11-3 (Organization and Operation of Ombudsman''s Office for Factory Establishment)   print
(1) The ombudsman''s office for factory establishment pursuant to Article 7-3 (1) of the Act (hereafter referred to as the "Office" in this Article) shall consist of private specialists with substantial knowledge and experience in the Acts and subordinate statutes, and practical business related to the establishment and operation of factories, and executives and employees of the Corporation as the key attributes.
(2) The head of the Office shall be appointed by the Minister of Knowledge Economy from among persons with abundant knowledge and experience in business relating to factory establishment.
(3) The head of the Office shall report the present status and results of business for each half year of the Office to the Minister of Knowledge Economy within one month after the end of each half year.
(4) Article 11-2 (3) shall apply mutatis mutandis to support to the Office, etc.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 11-4 (Organization, Operation, etc. of Industrial Site Support Group)   print
(1) An industrial site support group referred to in Article 7-4 (1) of the Act (hereinafter referred to as "site support group") shall be comprised of public officials and private specialists conducting business related to factory establishment, such as City/Gun planning, industrial sites, construction, and environment. <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
(2) A site support group shall be in charge of the following affairs:
1. Provision of information on a site suitable to a type of business;
2. Examination on prior feasibility as to whether the establishment of a factory is feasible;
3. Proposal for improvement in various systems concerning policies on industrial sites;
4. Other necessary affairs in connection with support in sites.
(3) If necessary when conducting affairs pursuant to paragraph (2), the head of a site support group may request the relevant administrative agency or a related agency to cooperate with him/her.
(4) In addition to the matters prescribed in paragraphs (1) through (3), the Mayor/Do Governor may determine matters necessary for the establishment and operation of a site support group, according to the Rules.
[This Article Newly Inserted by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 12 (Details of Announcement, etc. of Standards of Factory Sites)   print
(1) "Acts and subordinate statutes prescribed by Presidential Decree, such as the National Land Planning and Utilization Act" in subparagraph 1 of Article 8 of the Act means the Acts and subordinate statutes referred to in the following subparagraphs:
1. The Building Act;
5. The Farmland Act;
13. The Grassland Act;
15. Other Acts and subordinate statutes on the utilization of land and environment relating to factory establishment.
(2) The area of a factory site pursuant to subparagraph 2 of Article 8 of the Act shall be the horizontally projected area of a site on which a factory has been built.
(3) "Area of a factory building, etc. prescribed by Presidential Decree" in subparagraph 2 of Article 8 of the Act means the composite of areas referred to in the following subparagraphs:
1. A floor area of each floor of a building in a factory site;
2. The horizontally projected area of machinery, equipment and other structures installed outside the building, and inside the factory site (hereinafter referred to as "outdoor structure").
(4) The standards of factory sites pursuant to Article 8 of the Act shall be announced in the Official Gazette.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 12-2 Deleted. <by Presidential Decree No. 18039, Jun. 30, 2003>   print
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 Article 13 Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>   print
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 Article 14 (Calculation, etc. of Standard Factory Construction Area)   print
(1) The standard factory construction area pursuant to Article 11 (1) of the Act shall be calculated according to the following formula:
Standard factory construction area = the area of a factory site × standard factory area ratio.
(2) "Period prescribed by Presidential Decree" in Article 11 (3) of the Act means four years: Provided, That the head of a Si/Gun/Gu or a management agency may extend such period where he/she or it recognizes it inevitable to construct a factory exceeding the period in consideration of the economic conditions of the region, or the scale of a factory, etc.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 15 (Exception to Application of Standard Factory Construction Area)   print
"Sites prescribed by Presidential Decree" in the proviso to Article 11 (1) of the Act means sites falling under any of the following subparagraphs:
1. A site constituting a green area pursuant to Article 36 (1) 1 (d) of the National Land Planning and Utilization Act;
2. A site where an airstrip, railroad or road of six meters or wider is in a factory;
3. A site where the roadside zone was established, thus building of a factory is difficult;
4. A site used for a large scale reservoir or settling pond due to the characteristics of a manufacturing process;
5. A site located in a green belt zone pursuant to Article 33 (6) of the Act;
6. A site that slopes at a gradient of 30 or more degrees, thus the head of a Si/Gun/Gu or a management agency recognizes it as difficult to construct a factory;
7. A site, other than sites prescribed in subparagraphs 1 through 7, which is deemed by the head of a Si/Gun/Gu or a management agency that construction in conformity with the standard factory construction area may cause substantial trouble to factory operation;
8. A site where a lessee of a factory site constructs a factory.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 16 Deleted. <by Presidential Decree No. 16532, Aug. 9, 1999>   print
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 Article 17 Deleted. <by Presidential Decree No. 16532, Aug. 9, 1999>   print
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 Article 18 Deleted. <by Presidential Decree No. 16532, Aug. 9, 1999>   print
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 Article 18-2 (Establishment, etc. of Factories)   print
(1) The term "construction area of factory" in Article 13 (1) of the Act means the composite of a floor of each floor of a building for installation of machinery or equipment used as manufacturing facilities, and the horizontally projected area of outdoor structures used as manufacturing facilities. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(2) and (3) Deleted. <by Presidential Decree No. 16532, Aug. 9, 1999>
(4) The term "alter the type of business" in Article 13 (1) of the Act means a type of business of a factory on which approval for the establishment of a factory, etc. has been obtained pursuant to Article 13 of the Act, or that of a factory which has been registered pursuant to Article 16 of the Act, is changed to another type of business, (referring to a type of business according to the standards of factory site pursuant to Article 8 of the Act; the same shall apply hereinafter), or another type of business is added to the factory concerned. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
[This Article Newly Inserted by Presidential Decree No. 15432, Jul. 10, 1997]
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 Article 19 (Procedures for Approval for Establishment, etc. of Factories)   print
(1) Any person who intends to obtain approval for the establishment of a factory, etc., or approval for change thereof, shall submit an application for the establishment of a factory with documents prescribed by Ordinance of the Ministry of Knowledge Economy attached thereto, to the head of a Si/Gun/Gu. In such cases, when he/she intends to establish a factory, etc. on a site straddling not less than two Sis/Guns/Gus (referring to autonomous Gus), he/she shall submit an application and documents attached thereto to the head of a Si/Gun/Gu having jurisdiction over a district in which the majority of the building area of a factory pursuant to Article 18-2 (1) is included.
(2) Where the head of a Si/Gun/Gu has received an application for approval for the establishment of a factory, etc., or an application for approval for change thereof, pursuant to paragraph (1), he/she shall verify whether the application complies with the Act, this Decree and other related Acts and subordinate statutes, and decide whether to approve.
(3) Where the head of a Si/Gun/Gu has approved the establishment of a factory, etc., or the change thereof, pursuant to paragraph (2), he/she shall issue a letter of approval for the establishment of a factory, etc., or a letter of approval for change thereof to an applicant.
(4) Permission, authorization, license, etc. on the establishment of a factory under other Acts deemed that approval for the establishment of a factory, etc. has been obtained pursuant to Article 13 (2) 3 of the Act shall be as follows:
1. Permission for occupancy pursuant to Article 11 (1) of the Act on the Designation and Management of Free Trade Zones;
3. Approval of an execution plan pursuant to Articles 17, 17-2, 18, 18-2 and 19 of the Industrial Sites and Development Act (only applicable where any person who is to move in to the relevant industrial complex pursuant to Article 16 (3) of the same Act executes an industrial complex development project).
(5) An application for approval for the establishment of a factory shall be filed prior to an application for building permit or reporting on building to construct a factory: Provided, That this shall not apply where any person intends to attain deemed permission for building or reporting on building with approval for the establishment of a factory pursuant to Article 13-2 (1) of the Act.
(6) When approving the establishment of a factory, etc. pursuant to Article 13 (1) of the Act, the head of a Si/Gun/Gu may determine necessary detailed standards and announce them.
(7) The head of a Si/Gun/Gu who has received an application for approval for the establishment of a factory, etc., or for approval for change thereof, in accordance with paragraph (1) (excluding cases where applications are made through a factory establishment support center pursuant to Article 7-2 (2) and (3) of the Act) shall, where any matter under the authority of another administrative agency is included in the details of such application (excluding cases falling under the proviso to Article 13-2 (5) of the Act), promptly request the head of the relevant administrative agency with a copy of the application for the establishment of a factory, etc., or for change thereof, and related documents attached thereto to consult with him/her; the head of the relevant administrative agency who has received such request shall submit his/her opinion within ten days (where the period for reply is prescribed as exceeding ten days in the Acts and subordinate statutes which have prescribed matters under the authority of the relevant administrative agency, the period for reply prescribed in the relevant Acts and subordinate statutes shall apply; hereafter the same shall apply in this paragraph). In such cases, when the head of the relevant administrative agency does not agree thereto, he/she shall specify the grounds therefor, and when he/she fails to submit his/her opinion within ten days, he/she shall be deemed to have no opinion.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-2 (Standards for Permission for Opening of Private Road)   print
"Standards prescribed by Presidential Decree" in Article 13-3 (1) of the Act means cases falling under any of the following subparagraphs:
1. Where the length of the connecting road that connects a factory site to a road (referring to a road pursuant to Article 2 of the Road Act and the corresponding road pursuant to Article 7 of the same Act; hereinafter the same shall apply) is longer than the connecting road that connects to a route other than the road;
2. Where a river, ditch, levee, or other obstacle determined by the Minister of Knowledge Economy lies between a factory site and a road;
3. Where the head of a Si/Gun/Gu has confirmed that the owner of land necessary for building of an access road to a factory refuses to sell such land among land which lies between a factory site and a road.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-3 (Approval for Establishment, etc. of Factory on Land where Approval of New Business Plan has been Revoked)   print
(1) Any person who intends to obtain approval for the establishment of a factory, etc. by making use of a site or a factory of which approval of a business plan or building permit of a factory has been revoked pursuant to Article 37 of the Support for Small and Medium Enterprise Establishment Act, pursuant to Article 13-3 (3) of the Act, shall submit documents prescribed by Ordinance of the Ministry of Knowledge Economy to the head of a Si/Gun/Gu.
(2) The head of a Si/Gun/Gu, in receipt of an application pursuant to paragraph (1), shall examine as to whether such application meets the Act, this Decree and other related Acts and subordinated statutes and decide whether to approve.
(3) Where the head of a Si/Gun/Gu has approved pursuant to paragraph (2), he/she shall without delay inform other administrative agencies pursuant to Article 35 (4) of the Support for the Small and Medium Enterprise Establishment Act of the details thereof.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-4 (Exception to Revocation of Approval for Establishment, etc. of Factories)   print
"Cases prescribed by Presidential Decree" in the proviso to the part other than the subparagraphs of Article 13-5 of the Act means cases falling under any of the following subparagraphs:
1. Where construction works on a factory has been suspended due to natural disasters, such as a fire or natural calamity;
2. Where installation of manufacturing facilities, etc. has been suspended by any reason not attributed to his/her own responsibility, such as delay in supply, or loss of materials, machinery, apparatus, etc. required for manufacturing facilities, etc. pursuant to subparagraph 1 of Article 2 of the Act (hereinafter referred to as "manufacturing facilities");
3. Where construction works on a factory or installation of manufacturing facilities, etc. has been suspended for the improvement of financial structure or the promotion of management normalization;
4. Where the head of a Si/Gun/Gu admits that there are reasons corresponding to subparagraphs 1 through 3, following deliberation by the comprehensive business practices deliberation committee pursuant to Article 36 of the Enforcement Decree of the Civil Petitions Treatment Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-5 (Consultation about Establishment, etc. of Factories)   print
The head of an administrative agency who has been requested for consultation by the head of a Si/Gun/Gu pursuant to Articles 13-2 (5) (including cases where it is applied mutatis mutandis in Article 20 (4) of the Act, but it is limited to cases where permission is granted for opening any private road, etc. in accordance with Article 13-2 (2) of the Act), 14 (3)(including cases where it is applied mutatis mutandis in Article 14-3 (4) of the Act), 14-2 (3) (including cases where it is applied mutatis mutandis in Article 14-3 (6) of the Act) and 16 (9) of the Act shall reply his/her opinion on such consultation within ten days. In such cases, if he/she has any different opinion, he/she shall expressly state the reasons thereof.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-6 (Approval for Installation of Manufacturing Facilities)   print
(1) Any person who intends to obtain approval for installation of manufacturing facilities or approval for change thereof pursuant to Article 14-3 (1) of the Act shall present documents prescribed by Ordinance of the Ministry of Knowledge Economy to the head of a Si/Gun/Gu.
(2) Where the head of a Si/Gun/Gu has received an application pursuant to paragraph (1), he/she shall confirm the establishment ledger of the relevant factory, ascertain as to whether such application meets the Act, this Decree and other relevant Acts and subordinate statutes, and decide as to whether to approve.
(3) Where the head of a Si/Gun/Gu has approved installation of manufacturing facilities or change thereof pursuant to paragraph (2), he/she shall issue a letter of approval for installation of manufacturing facilities or a letter of change of approval for installation of manufacturing facilities to an applicant.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 19-7 (Reason for Revocation of Approval for Installation of Manufacturing Facilities)   print
"Reasons prescribed by Presidential Decree" in Article 14-4 of the Act means cases falling under any of the following subparagraphs:
1. Where a person fails to commence installation of manufacturing facilities without any justifiable grounds within one year from the date he/she obtains approval for installation of manufacturing facilities;
2. Where installation of manufacturing facilities became impossible because a factory building has been destroyed, the usage thereof has been changed, or due to other reasons.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 20 (Reporting of Completion of Establishment, etc. of Factories)   print
(1) Any person who intends to report the completion of the establishment of a factory, etc. pursuant to Article 15 (1) of the Act shall present a report of the completion of the establishment of a factory, etc. with documents attached thereto prescribed by Ordinance of the Ministry of Knowledge Economy to the head of a Si/Gun/Gu or a management agency.
(2) Reporting of the completion of the establishment of a factory, etc. pursuant to Article 15 (1) of the Act shall be made within two months from the date falling under the following subparagraphs:
1. In cases of the establishment of a factory, etc., the day when installation of machinery and equipment is completed, after having obtained approval for the use of the final building;
2. In cases of installation of manufacturing facilities, the date when installation of machinery and equipment is completed.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 20-2 (Reporting on Commencement of Business Other Than Manufacturing Business)   print
(1) Any person intending to report on the commencement of business pursuant to Article 15 (2) of the Act shall submit a report on the commencement of business with documents prescribed by Ordinance of the Ministry of Knowledge Economy attached thereto, to a management agency.
(2) Where a management agency has received a report on the commencement of business pursuant to paragraph (1), when installation of facilities, etc. according to a business plan meets the details of a written business plan, a management agency shall enter it in a management ledger, and deliver a written confirmation to the relevant reporter within three days from the date it receives a written report on the commencement of business.
(3) "Period prescribed by Presidential Decree" in Article 15 (2) of the Act means two months.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 21 (Revocation of Registration of Factories)   print
(1) The term "cases where a factory is shut down or its manufacturing facilities are removed" in Article 17 (1) 2 of the Act means cases where manufacturing facilities have been removed from a factory to cease conducting manufacturing business, or where manufacturing facilities have been removed for other reasons.
(2) "Other cases prescribed by Presidential Decree" in Article 17 (1) 3 of the Act means cases referred to in the following subparagraphs:
1. Where a contract for occupancy has been terminated pursuant to Article 42 of the Act (only applicable to occupant enterprises);
2. Where a person utilizes the relevant factory for the purpose other than a factory: Provided, That cases in which he/she meets all the requirements referred to in the following items and utilizes part of a factory for other purposes, shall be excluded herefrom:
(a) To utilize it for purposes falling under any of the following:
(ⅰ) Purposes of business related to the relevant factory or purposes necessary for the operation of the relevant factory;
(ⅱ) Purposes necessary for electricity generation business pursuant to subparagraph 3 of Article 2 of the Electric Utility Act by making use of solar energy pursuant to subparagraph 1 (a) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy: Provided, That it shall be limited to cases falling under any of the following:
(b) Not to interfere with manufacturing activity of the relevant factory markedly;
3. Where a person fails to fulfill the conditions attached at the time he/she registers a factory;
4. Where a person violates an order or disposition under the Act.
(3) Where part of a factory falls under grounds for revocation of registration when revoking registration of a factory pursuant to Article 17 (1) of the Act, the head of a Si/Gun/Gu may revoke part of registration of the relevant factory, as prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 22 Deleted. <by Presidential Decree No. 15123, Jul. 19, 1996>   print
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 Article 23 Deleted. <by Presidential Decree No. 14315, Jul. 4, 1994>   print
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 Article 24 (Establishment and Operation, etc. of Public Service Center for Establishment of Factories)   print
(1) Where the Mayor/Do governor or the head of a Si/Gun/Gu establishes a public service center for the establishment of factories pursuant to Article 19 (1) of the Act, he/she shall assign a staff member to be exclusively in charge of affairs of industrial sites to such public service center. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(2) Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>
(3) The Mayor/Do governor or the head of a Si/Gun/Gu shall determine matters necessary for the establishment and operation of a public service center for the establishment of factories, and procedures for the conduct of civil petitions, etc., according to the Rules, pursuant to Article 19 (5) of the Act. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
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 Article 25 (Building Area, etc. of Factories)   print
(1) The term "construction area of a factory" in Article 20 (1) of the Act means the building area of a factory pursuant to Article 18-2 (1). <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(2) Article 18-2 (4) shall apply mutatis mutandis to the extent of acts changing a type of business referred to in Article 20 (1) of the Act. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(3) Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>
(4) The term "relocation of a factory" in Article 20 (1) of the Act means to close down a factory registered pursuant to Article 16 of the Act and to relocate it to another location, and then to newly construct or enlarge a factory of the same type of business. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(5) Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>
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 Article 26 (Deregulation of Restrictions on Acts in Congestion Restrain Zone)   print
In accordance with the proviso to Article 20 (1) of the Act, acts that may be allowed in an congestion restrain zone shall be as follows: <Amended by Presidential Decree No. 21835, Nov. 20, 2009: Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24228, Dec. 12, 2012>
1. New construction, enlargement or relocation of a factory falling under attached Table 1;
2. New construction or enlargement of any of the following knowledge industry centers:
(a) A knowledge industry center in a knowledge-based industrial cluster zone (hereinafter referred to as "cluster zone") designated pursuant to Article 22 of the Act;
(b) A knowledge industry center to induce urban factories pursuant to subparagraph 1 of Article 34;
(c) A knowledge industry center on which approval of an action plan for cooperation pursuant to Article 29 of the Small and Medium Enterprises Promotion Act has been obtained;
(d) A knowledge industry center in an industrial complex;
3. Enlargement of incidental facilities of a factory and the expansion of the area of a factory site (limited to the expansion within the extent suitable for standard factory area ratio);
4. Enlargement of a factory according to the construction standards which have become compulsory under other Acts and subordinate statutes;
5. New construction or enlargement of a factory for the grain-cooking and food-manufacturing industry or the aircraft manufacturing industry (excluding components manufacturing business) in an airport determined as City/Gun planning facilities pursuant to subparagraph 7 of Article 2 of the National Land Planning and Utilization Act;
6. New construction, enlargement or relocation of a factory allowed pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones, as a factory located in a development restriction zone pursuant to Article 3 of the same Act;
7. New construction or enlargement of a factory falling under City/Gun planning facilities pursuant to subparagraph 7 of Article 2 of the National Land Planning and Utilization Act;
8. New construction or enlargement of a factory of a foreigner invested enterprise pursuant to subparagraph 4 of Article 2 of the Special Act on Designation and Management of Free Economic Zones in a free economic zone designated pursuant to Article 4 of the same Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 27 (Relaxation of Restrictions on Acts in Growth Management Zone)   print
Acts that may be permitted in a growth management zone pursuant to the proviso to Article 20 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. New construction, enlargement or relocation of a factory falling under attached Table 2;
2. Acts prescribed in subparagraphs 2 through 8 of Article 26.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 27-2 (Relaxation of Restrictions on Acts in Nature Conservation Zone)   print
Acts that may be permitted in any nature conservation zone pursuant to the proviso to Article 20 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. New construction, enlargement or relocation of a factory falling under attached Table 3;
2. New construction or enlargement of a knowledge industry center falling under any of the following:
(a) A knowledge industry center for inducement of factories prescribed by Ordinance of the Ministry of Knowledge Economy, the impact of which to the water quality is deemed suitable for the purpose of designation of nature conservation zones, among urban factories under subparagraph 1 of Article 34. In such cases, the Minister of Knowledge Economy shall consult with the Minister of Environment before he/she enacts or amends an Ordinance of the Ministry of Knowledge Economy;
(b) A knowledge industry center in the industrial complex and industrial zone;
3. Acts prescribed by subparagraphs 3 through 6 of Article 26.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 27-3 (Change of Type of Business)   print
Cases where a type of business may be changed in congestion restrain zones, growth management zones, or nature conservation zones pursuant to the proviso to Article 20 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Where it is a factory of which approval for the establishment has been obtained pursuant to Article 13 of the Act or a factory registered pursuant to Article 16 (1) of the Act falling under any of the following:
(a) Where its type of business changes to a type of business, the pollution level of which is lower than the existing type of business, or to a high-tech type of business pursuant to subparagraph 2 (e) of attached Table 1;
(b) Where it changes to a factory, the new establishment of which in the zone concerned is permitted (limited to the scale allowed for the new establishment);
2. Where a type of business of manufacturing process necessary for the production of the final products of an existing factory is added and the building area occupied by the relevant manufacturing process is 50 percent or less of the building area of the factory;
3. Where a type of business of a factory situated in the development restriction zone pursuant to Article 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones changes to a type of business allowed pursuant to the same Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 27-4 (Selection Standards, etc. of High-Tech Business)   print
Where the Minister of Knowledge Economy intends to designate high-tech business by Ordinance of the Ministry of Knowledge Economy pursuant to subparagraph 2 (e) of attached Table 1, he/she shall consider all the following matters:
1. Quantitative evaluation index: The ratio of expenditure on research and development to the total expenditure, relative importance of human resources for research and development, and a scale of investment, etc.;
2. Qualitative evaluation index: Growth of business or products, link effect between industries, etc.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 28 (Formulation and Presentation of Plan for Vitalization of Knowledge-Based Industrial Cluster Zones)   print
(1) "Management agencies prescribed by Presidential Decree" in the part other than the subparagraphs of Article 22 (1) of the Act means the management agencies referred to in Article 30 (2) 1 through 3 of the Act. <Newly Inserted by Presidential Decree No. 22987, Jun. 27, 2011>
(2) "Matters prescribed by Presidential Decree" in Article 22 (1) 3 of the Act means the following matters: <Amended by Presidential Decree No. 22987, Jun. 27, 2011; Presidential Decree No. 23297, Nov. 16, 2011>
1. Where a zone intended to be designated as a cluster zone is an industrial cluster zone or an industrial complex, authorization of the completion of which has been obtained pursuant to Article 37 of the Industrial Sites and Development Act, the following matters:
(a) The present status of clustering of knowledge-based industries;
(b) The present status of industrial cluster infrastructure;
(c) A plan for the promotion of clustering of knowledge-based industries and for expansion of industrial cluster infrastructure;
2. Where a zone intended to be designated as a cluster zone is an industrial complex pursuant to subparagraph 8 of Article 2 of the Industrial Sites and Development Act, and its development project is not completed, leading to the failure to obtain authorization of the completion pursuant to Article 37 of the same Act, the following matters:
(a) Details of an official announcement of designation of an industrial complex and approval of an execution plan pursuant to Articles 7-4 and 19-2 of the Industrial Sites and Development Act;
(b) A plan for clustering knowledge-based industries;
(c) The present demand for occupancy of enterprises related to knowledge-based industries (including a letter of intent for occupancy);
(d) A plan for construction of industrial cluster infrastructure.
(3) Where a plan for vitalization of knowledge-based industrial cluster zones (hereinafter referred to as "plan for vitalization") formulated and submitted by the Mayor/Do Governor to request designation as a cluster zone pursuant to Article 22 (1) of the Act falls under any of the following subparagraphs, the Minister of Knowledge Economy may order him/her to submit a joint plan for vitalization following consultation among the relevant Mayors/Do Governors: <Amended by Presidential Decree No. 22987, Jun. 27, 2011>
1. Where at least two cluster zones of a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") can be closely connected;
2. Where a plan for expansion of industrial cluster infrastructure, etc., included in plans for vitalization of at least two Cities/Dos are closely connected.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 29 (Public Announcement of Designation of Cluster Zone)   print
Where the Minister of Knowledge Economy has designated a cluster zone pursuant to Article 22 (4) of the Act, he/she shall publicly announce the matters referred to in the following subparagraphs in the Official Gazette:
1. The name and extent of a cluster zone;
2. The purpose of designation as a cluster zone;
3. The direction of fostering of a cluster zone;
4. The main types of business to be induced and a plan for integration by type of business;
5. A plan for interconnection among enterprises, research institutes, universities and corporate-support facilities, etc.;
6. A plan for construction of main industrial cluster infrastructure;
7. Matters concerning main support institutions and inducement of facilities for supporting the production activities of occupant enterprises.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 29-2 (Modification of Promotion Plan for Competitiveness Strengthening Project)   print
"Cases where the Minister of Knowledge Economy modifies any minor matter prescribed by Presidential Decree" in the proviso to Article 22-3 (3) of the Act means cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Where a promotion plan for competitiveness strengthening project is connected with a master plan for vitalization of industrial clusters, and he/she modifies a promotion plan for competitiveness strengthening project because a master plan for vitalization of industrial clusters is modified through procedures pursuant to Article 3 (3) of the Act;
2. Where he/she modifies matters on the current status of industrial cluster by industrial complex pursuant to Article 2 (12) of the Act, wherein he/she promotes a competitiveness strengthening project.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 29-3 (Payment and Management of Contributions)   print
(1) "Management agencies prescribed by Presidential Decree" in Article 22-3 (5) of the Act means management agencies pursuant to Article 30 (2) 2 and 3 of the Act.
(2) Any person who has received a contribution pursuant to Article 22-3 (5) of the Act shall manage it by establishing a separate account, and use it exclusively for the purposes of a competitiveness strengthening project. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(3) Where any person who has received a contribution uses it for a purpose other than that pursuant to paragraph (2), the State or a local government may collect all the contributions used for another purpose.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 29-4 (Application for University-Industry Collaboration Zones)   print
(1) "Management agency prescribed by Presidential Decree" in the main sentence other than the subparagraphs of Article 22-4 (1) of the Act means the Korea Industrial Complex Corporation referred to in Article 31 (2) of the Act.
(2) "Non-profit corporation prescribed by Presidential Decree" in the main sentence other than the subparagraphs of Article 22-4 (1) of the Act means a non-profit corporation referred to in Article 32 of the Civil Act, which is established jointly by enterprises (including organizations comprised of enterprises; hereafter the same shall apply in this Article), research institutes, universities, etc.: Provided, That school juristic persons referred to in Article 2 of the Private School Act shall be excluded.
(3) "Matters prescribed by Presidential Decree" in Article 22-4 (1) 5 of the Act means the following matters:
1. Analysis on the demand of occupant enterprises for education, and research and development;
2. Financing methods for the creation of university-industry collaboration zones and conduct of research and development business;
3. Methods of organizing consulting bodies between universities, enterprises, research institutes and management agencies;
4. Time schedule for university-industry collaboration zone business.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 29-5 (Designation of University-Industry Collaboration Zones)   print
(1) "Standards prescribed by Presidential Decree" in Article 22-4 (2) 2 of the Act means suitability for the installation of educational and research and development facilities with less noise and vibration and good atmospheric environment.
(2) When the Minister of Knowledge Economy designates a university-industry collaboration zone pursuant to Article 22-4 (4) of the Act, he/she shall publish the following matters in the Official Gazette:
1. Name and scope of a university-industry collaboration zone;
2. Purposes of creation of a university-industry collaboration zone and types of specialized business;
3. Methods of agglomeration of universities and research institutes in a university-industry collaboration zone;
4. Installation and placement plans for facilities necessary for education and research and development;
5. Plans for the conduct of industrial demand-based educational and research and development business;
6. Plans for the attraction of research and development institutions and laboratories of occupant enterprises.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 29-6 (Alteration of University-Industry Collaboration Zones)   print
(1) If necessary to alter the university-industry collaboration zone, a person who has obtained designation of the university-industry collaboration zone pursuant to Article 22-4 (1) through (3) of the Act may request the alteration of the university-industry collaboration zone to the Minister of Knowledge Economy pursuant to Article 22-4 (5) of the Act. In such cases, he/she shall formulate a plan for the revision of the university-industry collaboration activation plan.
(2) When the following requirements are fully satisfied, the Minister of Knowledge Economy may alter the designation of university-industry collaboration zones. In such cases, he/she shall undergo consultation with the heads of relevant central administrative agencies in advance:
1. The requirements in the subparagraphs of Article 22-4 (2) of the Act shall be satisfied;
2. The necessity for the alteration of a university-industry collaboration zone shall be recognized;
3. A plan for the revision of a university-industry collaboration activation plan shall be reasonable.
(3) When the Minister of Knowledge Economy alters the designation of a university-industry collaboration zone pursuant to paragraph (2), he/she shall publish the details thereof pursuant to Article 29-5 (2).
(4) Where the Minister of Knowledge Economy has designated a university-industry collaboration zone pursuant to Article 22-4 (3) of the Act, the provisions of paragraphs (2) and (3) shall apply mutatis mutandis to the alteration of such designation.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 29-7 (Detailed Procedures and Criteria for Designation, Alteration, etc. of University-Industry Collaboration Zones)   print
The Minister of Knowledge Economy shall determine and publish detailed procedures and criteria for the designation, alteration, etc. of university-industry collaboration zones other than the matters provided for in the Act and in this Decree.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 30 (Application, etc. for Designation of Inducement Areas)   print
(1) "Size prescribed by Presidential Decree" in Article 23 (1) of the Act means 150,000 square meters.
(2) When designating an inducement area pursuant to Article 23 (1) of the Act, the Minister of Knowledge Economy may designate an inducement area on application of any person who requires the creation of an industrial site meeting a specific type of business and purpose (hereafter referred to as "specific industrial complex" in this Article) through the systematization, collectivization, etc. of factories.
(3) Any person who intends to apply for designation of an inducement area pursuant to paragraph (2) shall submit an application for designation of an inducement area with documents prescribed by Ordinance of the Ministry of Knowledge Economy attached thereto, to the Minister of Knowledge Economy. The same shall also apply where he/she changes designated matters.
(4) The Minister of Knowledge Economy may provide support by formulating support policies for vitalization of a specific industrial complex designated pursuant to paragraph (2).
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 31 (Procedures for Designation of Inducement Areas)   print
(1) Where necessary for preparation of a designation plan for inducement areas pursuant to Article 23 (2) of the Act, the Minister of Knowledge Economy may hear opinions of the Mayor/Do governor and make investigation on industrial sites pursuant to Article 6 of the Act.
(2) The Minister of Knowledge Economy shall designate the relevant area as an inducement area within 20 days from the date he/she completes consultation with the Minister of Land, Transport and Maritime Affairs pursuant to Article 23 (2) of the Act.
(3) Where the Minister of Knowledge Economy has designated an inducement area pursuant to paragraph (2), he/she shall, without delay, announce it in the Official Gazette.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 32 (Plan for Designation of Inducement Areas)   print
"Matters prescribed by Presidential Decree" in Article 23 (3) 4 of the Act means matters referred to in the following subparagraphs:
1. Matters regarding placement of types of business to be induced in an area for inducement;
2. A plan for supply of industrial sites and demand and supply of human resources in an area for inducement;
3. Research and educational institutes to be induced in an area for inducement;
4. Matters regarding construction of infrastructure, etc. necessary for assistance in an area for inducement;
5. Matters regarding the prevention of environmental pollution of an area for inducement;
6. Necessity of designation of an inducement area and a plan for vitalization thereof.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 33 (Policies for Development of Regional Industries)   print
Matters referred to in the following subparagraphs shall be included in policies on the development of regional industries pursuant to Article 26 (1) of the Act:
1. Matters regarding support of consulting, marketing, information, etc. to enterprises;
2. Matters regarding support of technological development, education and training to enterprises;
3. Matters regarding support to an informatization project;
4. Other matters regarding necessary support to facilitate relocating enterprises to provinces.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 34 (Classification and Scope of Urban Factories)   print
Urban factories referred to in Article 28 of the Act shall be any of the following factories (hereinafter referred to as "urban factories"): <Amended by Presidential Decree No. 23966, Jul. 20, 2012>
1. Factories, other than any of the following factories:
(a) Factories installed with air pollutant emitting equipment that emits a specific harmful substance into the air defined in subparagraph 9 of Article 2 of the Clean Air Conservation Act;
(b) Factories falling under Class 1 through 3 places of business in attached Table 10 of the Enforcement Decree of the Clean Air Conservation Act, as factories installed with air pollutant emitting equipment defined in subparagraph 11 of Article 2 of the same Act: Provided, That factories that do not directly use fuel shall be excluded herefrom;
(c) Factories installed with wastewater discharge equipment that discharges a specific harmful substance into water defined in subparagraph 8 of Article 2 of the Water Quality and Aquatic Ecosystem Conservation Act: Provided, That factories that entrust treatment of the whole quantity of wastewater to any other person pursuant to subparagraph 2 of Article 33 of the Enforcement Decree of the Water Quality and Aquatic Ecosystem Conservation Act shall be excluded herefrom;
(d) Factories falling under Class 1 through 4 places of business in attached Table 13 of the Enforcement Decree of the Water Quality and Aquatic Ecosystem Conservation Act, as factories installed with wastewater discharge equipment defined in subparagraph 10 of Article 2 of the same Act;
2. Factories which do not fall under factories referred to in subparagraph 1, as factories which conduct business falling under attached Table 4 (limited to factories falling under the extent of business subject to environmental impact assessment referred to in Article 22 of the Environmental Impact Assessment Act).
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 35 Deleted. <by Presidential Decree No. 15123, Jul. 19, 1996>   print
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 Article 36 (Approval, etc. for Establishment of Knowledge Industry Center)   print
(1) Articles 19, 19-2, and 19-5 through 19-7 of this Decree and Article 13-5 of the Act shall apply mutatis mutandis to procedures for approval of the establishment of a knowledge industry center pursuant to Article 28-2 of the Act, standards for permission to open a private road to an access road, consultation about the establishment, etc. of a knowledge industry center, approval for installation of manufacturing facilities by a person moving in to a knowledge industry center and reasons for the cancellation thereof, and reasons for the cancellation of approval for the establishment of a knowledge industry center. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(2) "Period prescribed by Presidential Decree" in the former part of Article 28-2 (2) of the Act means two months from the date any person obtains approval for use.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-2 (Rent for Knowledge Industry Center Built by the State)   print
"Rent prescribed by Presidential Decree" in Article 28-3 (2) of the Act means rent under the State Property Act and rent corresponding to 1/2 or more of rental pursuant to the Public Property and Commodity Management Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-3 (Object of Exemption from Approval of Public Notice Plan of Sale in Lots)   print
(1) Cases where occupants of a knowledge industry center may be invited privately pursuant to Article 28-4 (2) 1 of the Act shall be cases where the head of a Si/Gun/Gu acknowledges it necessary to select possible occupants in advance for inducement, etc. of the knowledge industry center concerned when the knowledge industry center is established for the following: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Inducement of factories demolished by a public project;
2. Collective inducement of a specific type of business (referring to a type of business falling under the medium classification of the Korea Standard Industry Code announced by the Commissioner of the Statistics Korea pursuant to the Statistics Act).
(2) "Less than the scale prescribed by Presidential Decree" in Article 28-4 (2) 2 of the Act means less than 2000 square meters of the total building area.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-4 (Moving into Knowledge Industry Center)   print
(1) "Business prescribed by Presidential Decree" in Article 28-5 (1) 1 of the Act means the following business: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. The knowledge industry and the information and communications industry defined in Article 6 (2) and (3);
2. Any other business deemed necessary to be moved into a knowledge industry center according to the following classification for collectivizing a specific industry and developing regional economy:
(a) In cases of a knowledge industry center located in an industrial complex: Business corresponding to industries under subparagraph 18 of Article 2 of the Act, recognized by a management agency;
(b) In cases of a knowledge industry center located outside an industrial complex: Business recognized by the head of a Si/Gun/Gu.
(2) Facilities for supporting production activities of occupant enterprises pursuant to Article 28-5 (1) 3 of the Act shall be the following facilities: Provided, That the facilities the head of a Si/Gun/Gu or a management agency deems that they may interfere with production activities of occupant enterprises in the relevant knowledge industry center shall be excluded herefrom: <Amended by Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23356, Dec. 8, 2011>
1. Facilities to conduct finance business, insurance business, educational business, medical business, trading business, and sales business (only applicable where goods produced by occupant enterprises in the relevant knowledge industry center are sold);
2. Distribution facilities and other facilities necessary for assistance to business of occupant enterprises or facilities necessary to promote the welfare of employees, such as nursery facilities and dormitories;
3. Neighborhood living facilities pursuant to subparagraphs 3 and 4 of attached Table 1 of the Enforcement Decree of the Building Act (where there is an area limit, only applicable to facilities within the extent of such limited area);
4. Facilities prescribed by Ordinance of the Ministry of Knowledge Economy, as cultural and assembly facilities pursuant to subparagraph 5 of attached Table 1 of the Enforcement Decree of the Building Act or sports facilities pursuant to subparagraph 13 of the same attached Table;
5. Stores referred to in subparagraph 7 (c) of attached Table 1 of the Enforcement Decree of the Building Act (limited only to stores dealing in daily necessities, excluding food and beverages), which meet the following standards:
(a) In cases of stores installed in knowledge industry centers inside industrial complexes: Nursery facilities with a capacity of at least 50 children (excluding national and public nursery facilities referred to in subparagraph 1 of Article 10 of the Infant Care Act) which are installed in the relevant knowledge industry centers (including cases for which authorization on installation of nursery facilities is obtained pursuant to Article 13 of the Infant Care Act) and maintained for such use and the total building area of a relevant store does not exceed 3,000 square meters (in cases of nursery facilities with a capacity of at least 60 children, 4,000 square meters);
(b) In cases of stores installed in knowledge industry centers outside industrial complexes: Stores of which total building area accounts for not more than 10/100 of the sum of floor areas of support facilities to be installed in the relevant knowledge industry centers.
(3) Only in cases of a cluster area designated in an industrial complex, notwithstanding paragraph (2), the Minister of Knowledge Economy may expand such permitted area or add support facilities as prescribed by an official announcement pursuant to Article 29: Provided, That the total area of facilities of the same type of business shall not exceed 50/100 (where stores referred to in paragraph (2) 5 (a) are to be installed, referring to an area obtained by adding the total building area of a relevant store to 50/100) of the total area of support facilities. <Amended by Presidential Decree No. 22872, Apr. 5, 2011>
(4) The total area of facilities to support production activities of occupant enterprises pursuant to the subparagraphs of paragraph (2) shall be within the extent referred to in the following subparagraphs: <Amended by Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23356, Dec. 8, 2011>
1. Within 20/100 of the total building area of a knowledge industry center in an industrial complex: Provided, That where the following nursery facilities (excluding national and public nursery facilities referred to in subparagraph 1 of Article 10 of the Infant Care Act) are installed in knowledge industry centers (including cases for which authorization on the installation of nursery facilities referred to in Article 13 of the Infant Care Act is obtained) and maintained for such use, it shall be an area obtained by adding the areas as classified in the below to 20/100 within the scope of not more than 10/100 of the total building area of the knowledge industry center:
(a) In cases of nursery facilities with a capacity between 11 and 21 children: Smaller area among an area twice the total building area of the nursery facilities and eight million square meters;
(b) In cases of nursery facilities with a capacity between 21 and 50 children: Smaller area among an area three times the total building area of the nursery facilities and 20 million square meters;
(c) In cases of nursery facilities with a capacity of at least 50 children: Smaller area among an area four times the total building area of the nursery facilities and 30 million square meters;
2. Where a knowledge industry center outside an industrial complex falls under the following items, such applicable extent:
(a) A knowledge industry center located in the Seoul metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act: 30/100 of the total building area;
(b) A knowledge industry center located outside the Seoul metropolitan area defined in subparagraph 1 of Article 2 of the Seoul Metropolitan Area Readjustment Planning Act: 50/100 of the total building area.
(5) When installing facilities to conduct manufacturing business pursuant to Article 28-5 (1) 1 of the Act, where the relevant knowledge industry center is located in an area other than an industrial complex or industrial zone, only facilities for urban factories (excluding urban factories referred to in subparagraph 2 of Article 34) may be installed. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(6) The head of a Si/Gun/Gu or a management agency may require occupant enterprises conducting manufacturing business in a knowledge industry center to install offices or warehouses of their incidental facilities in a separate area in the building of such knowledge industry center. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-5 (Main Structures of Knowledge Industry Center)   print
"Main structures prescribed by Presidential Decree" in Article 28-7 (1) 1 of the Act means structures falling under any of the following subparagraphs:
1. Pillars or bearing walls (excluding masonry walls that do not bear weight);
2. Crossbeams, floors, or roofs.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-6 (Measures against Breach of Duty)   print
(1) Where an occupant or a manager fails to execute a corrective order within the period for correction pursuant to Article 28-8 of the Act, the head of a Si/Gun/Gu may take any measure referred to in the following subparagraphs to secure the safety of a knowledge industry center: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Elimination of causes, such as removal of heavy goods exceeding the allowed standards, and emergency restoration of a building;
2. Restrictions on the use of the building concerned.
(2) The head of a Si/Gun/Gu may, when taking measures pursuant to paragraph (1) 1, collect necessary expenses from occupants or managers.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 36-7 (Institutions Entrusted with Management Affairs)   print
"Institutions prescribed by Presidential Decree" in Article 30 (2) 5 of the Act means the following institutions: <Amended by Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23259, Oct. 26, 2011; Presidential Decree No. 24228, Dec. 12, 2012>
1. Local public corporations referred to in Article 49 of the Local Public Enterprises Act;
2. Regional agricultural cooperatives referred to in Article 15 of the Agricultural Cooperatives Act;
3. Small and medium enterprise cooperatives referred to in Article 3 (1) of the Small and Medium Enterprise Cooperatives Act. In such cases, it shall be limited to those in which at least 90 percent of occupant enterprises in a relevant industrial complex participate as members (in cases of federations of cooperatives or the Korea Federation of Small and Medium Business referred to in Article 3 (1) of the Small and Medium Enterprise Cooperatives Act, referring to the members of cooperatives or business cooperatives which are the members thereof);
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 37 (Management of Complexes pursuant to other Acts, such as National Land Planning and Utilization Act)   print
The authorized administrator pursuant to Article 30 (3) of the Act shall publicly announce the matters referred to in the following subparagraphs with regard to complexes subject to management:
1. The name and kind of a complex;
2. The location, the total area, and the area subject to management of a complex;
3. A project implementor and a period for development;
4. Main types of business to be induced;
5. Management agencies.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 37-2 (Entrustment of Management Affairs)   print
(1) When the authorized administrator entrusts the management affairs of an industrial complex to a management agency pursuant to Article 31 (1) of the Act, he/she shall decide the extent of entrustment in consideration of business conducting capability of a management agency regarding the conclusion of contracts for occupancy and registration of factories, etc.
(2) When the authorized administrator has entrusted the management affairs of the industrial complex, he/she shall announce the entrusted management agency, details of the affairs entrusted, etc.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 38 (Requirements for Establishment of Administrative Corporation)   print
The requirements for the establishment of an industrial complex administrative corporation (hereinafter referred to as "administrative corporation") pursuant to Article 31 (2) of the Act and a Consultative Council of Occupant Enterprises shall be as follows:
1. The area of an industrial complex to be managed or the number of occupant enterprises shall exceed the size prescribed by Ordinance of the Ministry of Knowledge Economy;
2. A management corporation shall have management capability of an industrial complex and a self-supporting financial plan necessary for management;
3. A consultative council shall be comprised of 90 percent or more of the occupant enterprises of the relevant industrial complex as members: Provided, That an agro-industrial complex shall be comprised of 70 percent or more of the occupant enterprises, or 90 percent or more of the occupant enterprises in operation, as members.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 39 (Procedures for Establishment of Administrative Corporation, etc.)   print
(1) Any person who intends to establish an administrative corporation or a Consultative Council of Occupant Enterprises in accordance with Article 31 (2) of the Act shall submit an application for permission to establish an administrative corporation or an application for permission to establish a Consultative Council of Occupant Enterprises prescribed by Ordinance of the Ministry of Knowledge Economy with documents referred to in the following subparagraphs attached thereto to the authorized administrator:
1. Minutes of the inaugural general meeting;
2. Articles of association;
3. A business plan, and an estimate of earnings and expenses;
4. A management plan of an industrial complex;
5. A list and resumes of the executives.
(2) When the authorized administrator has approved the establishment of a management corporation or a Consultative Council of Occupant Enterprises pursuant to Article 31 (2) of the Act, he/she shall announce it publicly.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 40 (Composition and Operation of Consultative Council of Occupant Enterprises)   print
(1) A Consultative Council of Occupant Enterprises pursuant to Article 31 (6) of the Act shall be comprised of general members and special members.
(2) The representatives of occupant enterprises and support institutions shall be general members under paragraph (1), and persons who are appointed by the chairperson of a Consultative Council of Occupant Enterprises among persons other than general members, with the consent of the authorized administrator, shall be special members.
(3) A Consultative Council of Occupant Enterprises shall hold a general meeting within two months from the commencement date of each year and, if necessary, may hold an extraordinary general meeting.
(4) Decisions in meetings of a Consultative Council of Occupant Enterprises shall be taken with attendance of a majority of all members and by the concurrent vote of 2/3 or more members present.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 40-2 Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>   print
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 Article 41 (Details of Administrative Guidelines)   print
(1) The following matters shall be prescribed in administrative guidelines pursuant to Article 32 (1) of the Act:
1. Standards for the formulation and execution of master plans for management;
2. Matters regarding connection of a master plan for management with plans according to other Acts and subordinate statutes regarding the development and disposition, etc. of an industrial complex;
3. Matters necessary for the management affairs of an industrial complex pursuant to Article 5.
(2) "Modification of insignificant matters prescribed by Presidential Decree" in the proviso to Article 32 (1) of the Act means the following modifications:
1. Partial modification of administrative guidelines for an industrial complex and an agro-industrial complex;
2. Partial modification of the matters prescribed in paragraph (1) 3.
(3) Administrative guidelines pursuant to Article 32 (1) of the Act shall be announced in the Official Gazette.
(4) Administrative guidelines for an agro-industrial complex pursuant to Article 32 (2) of the Act shall include the following matters, in addition to the matters prescribed in paragraph (1): <Amended by Presidential Decree No. 22987, Jun. 27, 2011>
1. Matters regarding the utilization of endowed resources of the relevant region for vitalization of regional economy;
2. Matters regarding development in connection with neighboring national industrial complexes, general industrial complexes and urban high-tech industrial complexes;
3. Other matters necessary for management of an agro-industrial complex.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 42 (Preparation of Master Plan for Management)   print
(1) Where a management agency intends to obtain approval of a master plan for management pursuant to Article 33 (1) of the Act, it shall submit an application for approval of a master plan for management accompanied by documents prescribed by Ordinance of the Ministry of Knowledge Economy to the authorized administrator (in the case of an agro-industrial complex, referring to the Mayor/Do governor): Provided, That this shall not apply where one enterprise which occupies an industrial complex uses all industrial complex.
(2) A master plan for management of an agro-industrial complex pursuant to the latter part of Article 33 (1) of the Act shall include the matters referred to in the following subparagraphs in addition to the matters prescribed in paragraph (1):
1. Matters regarding supply and demand of human resources, such as fostering of skilled local human resources;
2. Matters regarding assistance of equipment funds, working funds and technology to occupant enterprises;
3. Other matters necessary for management of an agro-industrial complex.
(3) If the authorized administrator intends to consult with a holder of the right to designate industrial complexes regarding approval of a master plan for management pursuant to Article 33 (2) and (3) of the Act, he/she shall send the documents prescribed by Ordinance of the Ministry of Knowledge Economy to a holder of the right to designate industrial complexes.
(4) Alteration of minor matters in a master plan for management about which a management agency may omit consultation with a holder of the right to designate industrial complexes pursuant to the proviso to the part other than the subparagraphs of Article 33 (2) of the Act shall be made in cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Where a management agency modifies a master plan for management following the alteration of an industrial complex development plan after going through due formalities, such as consultation with the relevant administrative agency pursuant to Articles 6, 7, 7-2 and 8 of the Industrial Sites and Development Act when a master plan for management correlates with an industrial complex development plan pursuant to the same Act;
2. Where a management agency modifies a master plan for management in order to alter the matters regarding installation and operation of support facilities;
3. Where a management agency modifies a master plan for management according to a plan for upgrading the structures of industrial complexes (hereinafter referred to as "plan for upgrading the structures") publicly announced pursuant to paragraph (7).
(5) "Cases where a management agency modifies insignificant matters prescribed by Presidential Decree" in the proviso to Article 33 (3) of the Act means cases falling under any of the following subparagraphs:
1. Where it falls under any of the subparagraphs of paragraph (4);
2. Where it changes uses referred to in the subparagraphs of Article 43 (1): Provided, That in the case of a use of distribution facilities referred to in Article 43 (1) 6, it shall only apply to a change within the extent not more than 10/100 of such area;
3. Where it falls under any of the subparagraphs of Article 15-3 of the Enforcement Decree of the Industrial Sites and Development Act.
(6) A management agency (referring to the authorized administrator, where a management agency falls under Article 30 (2) 3 or 4 of the Act) may announce the occupancy management points of an industrial complex with details, such as types of business, qualifications, priority order, ex post facto management of occupancy in the industrial complex, if necessary for the execution of a master plan for management.
(7) Where a master plan for upgrading the structure of an industrial complex is announced pursuant to Article 45-2 (7) of the Act, a management agency shall reflect them in a master plan for management. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 43 (Zones, etc. of Site by Use)   print
(1) Pursuant to the latter part of Article 33 (6) of the Act, a management agency may manage an industrial facilities zone by subdividing it into the following uses:
1. A use for factory facilities;
2. A use for facilities of the knowledge industry;
3. A use for facilities of the information and communications industry;
4. A use for resource storage facilities;
5. A use for waste disposal facilities;
6. A use for distribution facilities;
7. A use for specialized regional industries (only applicable to cases of agro-industrial complexes);
8. A use for electric power facilities;
9. A use for venture business cluster facilities;
10. A use for facilities of the recycling industry;
11. A use for facilities for the promotion of eco-friendly new technology;
12. A use for other facilities prescribed by a master plan for management.
(2) When a management agency has subdivided an industrial facilities zone by use pursuant to paragraph (1), it shall manage the subdivided zone suitable to the relevant use: Provided, That where it deems such necessary for circumstances of the development of an industrial complex and for strengthening the competitiveness of occupant enterprises, it may grant a permit so that part of the industrial facilities zone may be used for at least two uses in combination among uses referred to in the subparagraphs of paragraph (1).
(3) When a management agency places factories and types of business in an industrial facilities zone pursuant to paragraph (1), he/she shall formulate a plan for the placement of types of business and place factories and types of business according to the plan. <Amended by Presidential Decree No. 24228, Dec. 12, 2012>
(4) When a management agency formulates a plan for the placement of types of business referred to in paragraph (3), he/she may formulate such plan in the way to integrate two or more types of business to the extent that it does not obstruct the operation of occupant enterprises due to the use of electricity and water, waste disposal, occurrence of environmental pollution, etc. <Newly Inserted by Presidential Decree No. 24228, Dec. 12, 2012>
(5) Notwithstanding paragraphs (3) and (4), any of the following cases need not follow plans for the placement of types of business: <Newly Inserted by Presidential Decree No. 24228, Dec. 12, 2012>
1. Where the first selling of an industrial site takes place, in which an occupancy application area of a specific type of business exceeds a planned placement area of the relevant type of business in a plan for the placement of types of business and occupancy application areas of other types of business fall short of the planned placement areas of the relevant other types of business in the plan for the placement of types of business;
2. Where an existing occupant enterprise changes the type of business after the completion of factory establishment, or where a person who has acquired industrial sites, factories, etc. of existing occupant enterprises legally intends to move in after changing the type of the relevant factories, which is recognized not to obstruct the operation of occupant enterprises due to the use of electricity and water, waste disposal, occurrence of environmental pollution, etc.;
3. Where an occupant enterprise intends to run types of business eligible to move into the zones subdivided by use which are referred to in the subparagraphs of paragraph (1) additionally while running types of business suitable for the plan for the placement of types of business, which the management agency recognizes to be necessary;
4. Where an industrial facility zone of which at least 20/100 of a planned placement area of a relevant type of business in a plan for the placement of types of business is not sold for five years from the date of the first publication of selling is recognized not to obstruct the operation of occupant enterprises due to the use of electricity and water, waste disposal, occurrence of environmental pollution, etc.;
5. Where an enterprise which has moved into an industrial facility zone referred to in paragraph (1) supplies waste heat, waste steam, etc. which are generated in the production process or waste disposal process in the relevant business site to enterprises which have moved into the relevant industrial site (limited to cases where the type of business of the major business stipulated in an occupancy contract (referring to business which occupies the largest portion in sales referred to in Article 4 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises) is not changed).
(6) At public facilities zones in an industrial complex under Article 33 (6) of the Act (excluding parks and green belts designated as City/Gun planning facilities pursuant to Article 43 of the National Land Planning and Utilization Act) in order to promote the use and diffusion of new and renewable energy, new and renewable energy facilities defined in subparagraph 2 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy may be installed, as determined by a master plan for management, in order to supply new and renewable energy under subparagraph 1 of Article 2 of the same Act, within the extent of 30/100 of the relevant site. <Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 23718, Apr. 10, 2012; Presidential Decree No. 24228, Dec. 12, 2012>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 43-2 (Contribution of Land Price Increases Following Change of Zones by Use)   print
(1) The land price increases under Article 33 (8) of the Act shall be the balance of land prices following changes of zones by use. In such cases, the land prices before and after the changes of zones by use shall be calculated according to the arithmetic average of the prices appraised by more than two appraisal business operators (referring to appraisal business operators under Article 2 (9) of the Public Notice of Values and Appraisal of Real Estate Act) within the extent of three months prior to the public announcement of changes in a master plan for management.
(2) The extent of contribution for which an authorized administrator may receive industrial sites and facilities shall be more than 50/100 of the land price increases under paragraph (1), pursuant to Article 33 (8) of the Act, and shall be determined by the administrative guidelines referred to in Article 32 of the Act. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
(3) Industrial sites and facilities contributed pursuant to Article 33 (8) of the Act shall be acquired and managed as prescribed by the following Acts:
1. Where the relevant industrial sites and facilities exist in a national industrial complex: The State Property Act;
2. Where the relevant industrial sites and facilities exist in a general industrial complex, urban high-tech industrial complex, or agro-industrial complex: The Public Property and Commodity Management Act.
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 43-3 (Legal Fiction of Authorization and Permission by Other Acts)   print
"When changes or grants approval for change of matters prescribed by Presidential Decree" under Article 33-2 (1) of the Act means to change or grant approval for change under any of the subparagraphs of Article 15 (3) of the Enforcement Decree of the Industrial Sites and Development Act.
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 43-4 (Sale and Lease of State-Owned Land and Public Land in Industrial Complex)   print
(1) Where the Minister of Knowledge Economy or the head of a local government sells or leases land, a factory building, or other facilities (hereinafter referred to as "factory, etc.") owned by the State or a local government in an industrial complex to an occupant enterprise or a support institution pursuant to Article 34 of the Act, he/she may attach conditions necessary to assure the performance of a contract.
(2) If the Minister of Knowledge Economy intends to consult with the Minister of Strategy and Finance about the sale price or the value of lease of land or a factory, etc. owned by the State pursuant to Article 34 (2) of the Act, he/she shall present data on the matters referred to in the following subparagraphs:
1. A detailed statement of funds invested in the relevant land or factory, etc.;
2. Written evidence of price calculations;
3. An area and drawings of land or a factory, etc.
(3) When the Minister of Knowledge Economy or the head of a local government has fixed the sale price or the value of lease of land or a factory, etc. pursuant to Article 34 (2) of the Act, he/she shall announce it without delay.
(4) The period for lease of land or a factory, etc. in an industrial complex pursuant to Article 34 of the Act shall be ten years in principle, but such period may be extended when an application for extension of the period for lease is filed three months prior to the expiration of the period for lease.
(5) The Minister of Knowledge Economy shall determine necessary matters regarding the time and method of payment of the value of lease of land or a factory, etc. owned by the State and the collection of late penalties and arrears, etc. in consultation with the Minister of Strategy and Finance, and the head of the relevant local government shall determine necessary matters regarding the time and method of payment of the value of lease of public land or factory, etc. and the collection of late fees and arrears, etc.
(6) The Minister of Knowledge Economy may entrust management of land or a factory, etc. owned by the State in an industrial complex to a management agency pursuant to Article 29 of the State Property Act. In such cases, the period for entrustment of management may, notwithstanding Article 22 (1) of the Enforcement Decree of the State Property Act, be until the relevant land or factory, etc. owned by the State is used for the relevant intended business. <Amended by Presidential Decree No. 21641, Jul. 27, 2009>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 44 Deleted. <by Presidential Decree No. 21665, Aug. 5, 2009>   print
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 Article 44-2 (Report, etc. of Overseas Industrial Complex)   print
(1) Any person who intends to conduct business for development, disposal or management of an overseas industrial complex pursuant to Article 35-2 (1) of the Act shall submit a report accompanied by a business plan, in which the matters referred to in the following subparagraphs are included, to the Minister of Knowledge Economy: <Amended by Presidential Decree No. 21665, Aug, 5, 2009>
1. An outline of business;
2. A scale, method and period of the development of an overseas industrial complex;
3. A plan for raising funds for investment;
4. A plan for inducement of occupant enterprises and a plan for management of the overseas industrial complex;
5. Matters of agreement with the country in which he/she intends to develop an overseas industrial complex;
6. Where he/she falls under any of the following items, matters concerning the result of a demand research for occupancy and the details thereof:
(a) The State, local governments, public enterprises and quasi-government agencies pursuant to Article 5 of the Act on the Management of Public Institutions, local public enterprises, or those who can perform an overseas industrial complex development project pursuant to other Acts;
(b) The Corporation or the Small and Medium Business Corporation under the Small and Medium Enterprises Promotion Act.
(2) "Important matters prescribed by Presidential Decree" in the latter part of Article 35-2 (1) of the Act means the matters pursuant to paragraph (1) 2, 4, and 5.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 44-3 Deleted. <by Presidential Decree No. 20446, Dec. 13, 2007>   print
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 Article 44-4 Deleted. <by presidential Decree No. 20446, Dec. 13, 2007>   print
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 Article 44-5 Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>   print
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 Article 45 (Acquisition by Transfer, etc. of Industrial Complex)   print
(1) Where a management agency intends to be entrusted with affairs on sale in lots and lease by a project implementor pursuant to Article 36 (1) of the Act, it shall submit a plan for sale in lots and lease with documents attached thereto, in which the matters referred to in the following subparagraphs are entered, to the authorized administrator: Provided, That in the case of an agro-industrial complex, a management agency shall submit a plan for sale in lots and lease with documents attached thereto, in which the matters referred to in the following subparagraphs are entered, to the Mayor/Do governor, and obtain his/her approval:
1. A master plan for management;
2. The area, facilities, etc. subject to management intended to be entrusted;
3. The details of the entrusted affairs on sale in lots and lease;
4. Other matters agreed on trust.
(2) Paragraph (1) shall apply mutatis mutandis where a management agency intends to change submitted or approved matters pursuant to paragraph (1).
(3) Where a management agency is entrusted with the affairs on sale in lots and lease by a project implementor of an industrial complex development project pursuant to Article 36 (1) of the Act, it may receive an entrustment fee in consultation with the project implementor.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 46 Deleted. <by Presidential Decree No. 16532, Aug. 9, 1999>   print
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 Article 47 Deleted. <by Presidential Decree No. 15432, Jul. 10, 1997>   print
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 Article 48 (Approval for Collection of Common Expenses of Public Facilities)   print
(1) Where a management agency obtains approval for collection of common expenses pursuant to Article 37 (2) of the Act, it shall submit an application for approval in which the matters referred to in the following subparagraphs are entered to the authorized administrator (in the case of an agro-industrial complex, referring to the Mayor/Do governor). The same shall also apply where it changes approved matters:
1. The present status of installation and use of public facilities;
2. A detailed statement of calculation of expenses for installation, maintenance and repair of public facilities;
3. A present status of maintenance and repair of public facilities.
(2) A management agency shall collect common expenses for installation, maintenance and repair of public facilities according to the calculation rate fixed for each occupant enterprise and support institution in consultation with occupant enterprises and support institutions.
(3) A management agency may collect common expenses monthly or quarterly in accordance with the management conditions of an industrial complex.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 48-2 (Standards, etc. for Occupancy)   print
(1) Where a management agency intends to conclude a contract for occupancy pursuant to Article 38 (1) and (3) of the Act, it shall determine standards for occupancy, such as industries entitled to occupancy, qualifications for occupancy, and order of priority of occupancy, in advance, and publicly announce the same for at least 15 days on the Facton system pursuant to Article 6-2 of the Act, and where it is necessary, public announcement on daily newspapers, etc. may be concurrently executed: Provided, That it shall not make a public announcement in any of the following cases: <Amended by Presidential Decree No. 22872, Apr. 5, 2011; Presidential Decree No. 23259, Oct. 26, 2011>
1. Business, prescribed by Ordinance of the Ministry of Knowledge Economy, as business required to be preferentially moved into an industrial complex for the reasonable placement of types of business which cause environmental pollution, fostering of high-tech industries and the promotion of foreign investment, etc.;
2. Any of the following persons who intend to conduct business suitable for the master plan for management:
(a) Any person eligible to be supplied with industrial facility sites by private contract referred to in Article 42-3 (4) of the Enforcement Decree of the Industrial Sites and Development Act;
(b) Any person eligible to purchase industrial facility sites by Municipal Ordinance referred to in Article 42-3 (5) of the Enforcement Decree of the Industrial Sites and Development Act.
(2) Paragraph (1) shall apply mutatis mutandis where a management agency transfers an industrial site, a factory, etc. to another enterprise pursuant to Article 39 (2) of the Act.
(3) Cases where any person need not conclude a contract for occupancy pursuant to the proviso to Article 38 (1) of the Act (including cases applied mutatis mutandis pursuant to paragraph (3) of the same Article) shall be as follows: <Amended by Presidential Decree No. 22273, Jul. 12, 2010; Presidential Decree No. 23259, Oct. 26, 2011>
1. Where any person who is to move into the relevant industrial complex pursuant to Article 16 (3) of the Industrial Sites and Development Act moves into the industrial complex after executing the industrial complex development project;
2. Where a public institution moves into the industrial complex to provide public services to occupant enterprises;
3. Where any person occupies facilities pursuant to Article 36-4 (2) in a knowledge industry center built in an industrial facilities zone pursuant to Article 33 (6) of the Act;
4. Where a person operates convenience facility for employees as incidental facilities in a factory built in an industrial facilities zone pursuant to Article 33 (6) of the Act;
5. Where a person leases or purchases a site or a building in lots (only applicable to those in a support facilities zone pursuant to Article 33 (6) of the Act) of any person who has concluded a contract for occupancy with a management agency and then occupies such pursuant to such contract for occupancy;
6. Where a person occupies such, according to a lease contract with a management agency;
7. Where a person occupies neighborhood living facilities in a support facility zone referred to in Article 33 (6) of the Act;
8. Where a public institution or a single enterprise occupies a whole industrial complex for its use.
(4) If a management agency intends to conclude a contract for occupancy pursuant to Article 38 (1) through (3) of the Act, it shall be appropriate for the Act, this Decree, other Acts and subordinate statutes and a master plan for management of the relevant industrial complex.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 48-3 (Contract, etc. for Occupancy of Leasing Business Operator)   print
(1) Any person who intends to conclude a contract for occupancy with a management agency in order to conduct leasing business of an industrial site, factories , etc. pursuant to Article 38-2 of the Act (hereinafter referred to as "leasing business operator") shall submit a leasing business plan in which the matters referred to in the following subparagraphs are stated to a management agency:
1. Name of a leasing business operator;
2. Details of land and facilities he/she intends to lease;
3. Term of lease and matters regarding the extension thereof;
4. Matters regarding the disposition of industrial sites (including buildings where there are any buildings), where all or part of leasing business is closed;
5. Types of business to be induced and the scale thereof (only applicable where he/she intends to lease two or more sites or factories, etc. in the relevant industrial complex);
6. A building plan of a building (only applicable where he/she intends to build a building and lease it together with an industrial site, a factory, etc.).
(2) Where a leasing business operator leases an industrial sites and a factory, etc., he/she shall do so in conformity with a master plan for management of the industrial complex concerned and a contract for occupancy pursuant to paragraph (1).
(3) Any lessee who occupies an industrial site and a building leased by a leasing business operator shall conclude a contract for occupancy pursuant to Article 38 of the Act with a management agency.
(4) Where an occupant enterprise or a support institution intends to lease part of the relevant industrial site and factory, etc., while conducting business according to a contract for occupancy, it shall submit documents prescribed by Ordinance of the Ministry of Knowledge Economy to a management agency.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 48-4 (Rental Standards, etc.)   print
(1) A term of a rental contract concluded between a management agency and a rental business operator pursuant to Article 38-2 (1) of the Act shall be five years or more: Provided, That in cases of a knowledge industry center built pursuant to Article 28-2 of the Act, the term of a contract shall be determined by a management agency. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(2) The term of a rental contract of an industrial site, factory, etc. shall be five years or more: Provided, That where a lessee makes a request, the term shall be one year, and where a lessee asks for renewal of the contract during a period from six months to two months before the contract expires, the contract shall be renewed up to five years under the same condition of the previous lease contract. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(3) Where a rental business operator intends to transfer an industrial site, factory, etc., due to bankruptcy or other financial conditions, such as becoming an enterprise subject to restructuring referred to in Article 21 of the Industrial Development Act, he/she shall preferentially transfer such to the relevant lessee, management agency or person named by the management agency. <Amended by Presidential Decree No. 22987, Jun. 27, 2011>
(4) The Minister of Knowledge Economy may decide a standard form of a lease contract and recommend leasing business operators to use such form.
(5) In addition to matters prescribed by paragraphs (1) through (4), matters necessary for management of leasing business shall be as stipulated by the administrative guidelines or a master plan for management of the relevant industrial complex.
(6) Where a management agency concludes a contract for occupancy under the main sentence of Article 38-2 (1) of the Act, it shall specify the purport of Article 38-2 (3) and (4) of the Act in the contract for occupancy.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 48-5 (Conditions, etc. of Sublease of Industrial Complex Exclusive for Lease)   print
(1) "Inevitable cases prescribed by Presidential Decree, such as subleasing the relevant industrial site at the prices lower than leased prices, etc." in the proviso to Article 38-2 (6) of the Act means cases where any person who has registered a factory pursuant to Article 16 (1) of the Act falls under any of the following subparagraphs:
1. Where he/she subleases an industrial site at the prices lower than the leased prices of the contract with a project implementor (where he/she has been entrusted with business pursuant to Article 36 (1) of the Act, referring to the relevant management agency) pursuant to Article 38-2 (5) of the Act;
2. Where a person who has leased the relevant industrial site is an enterprise subject to restructuring pursuant to Article 21 of the Industrial Development Act;
3. Where he/she subleases an industrial site on the conditions not unfavorable than the leased prices of the contract with a project implementor (where he/she has been entrusted with business pursuant to Article 36 (1) of the Act, referring to the relevant management agency) pursuant to Article 38-2 (5) of the Act.
(2) The Minister of Knowledge Economy may consult with or entrust surveying or research to a specialized agency or organization for demand survey on the location and scale, etc. of an industrial complex exclusive for lease pursuant to Article 38-2 (7) of the Act.
[This Article Newly Inserted by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 49 (Restrictions on Disposition of Industrial Site)   print
(1) "Cases prescribed by Presidential Decree" in the part other than the subparagraphs of Article 39 (1) of the Act and the main sentence of paragraph (3) of the same Article means that an occupant enterprise transfers the ownership of an industrial site, factory, etc. received by sale in lots (referring to holding of at least 50/100 of the total investment or issued stocks, in cases of corporations; hereinafter the same shall apply): Provided, That any of the following cases shall be excluded herefrom: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Where it transfers the ownership due to inheritance, or division and merger of a corporation;
2. As cases of transfer of the ownership by investment in kind in a corporation, where an occupant enterprise comes to own at least 50/100 of the total investment or issued stocks by investment in kind in a corporation in the beginning;
3. Where it transfers the ownership of a knowledge industry center established pursuant to Article 28-2 of the Act.
(2) When an occupant enterprise, etc. intends to dispose of an industrial site, factory, etc. pursuant to Articles 39 (1) and (2), 40-2 (1) and 43 (1) of the Act, it shall submit an application for disposition accompanied by the documents prescribed by Ordinance of the Ministry of Knowledge Economy to a management agency. <Amended by Presidential Decree No. 22987, Jun. 27, 2011>
(3) When a management agency that has received an application for disposition pursuant to paragraph (2) cannot purchase an industrial site, factory, etc., it shall select a person to whom it transfers pursuant to Article 39 (2) of the Act within the period prescribed by Ordinance of the Ministry of Knowledge Economy, and notify an applicant of such disposition: Provided, That in any of the following cases, a person recommended by an applicant for disposition may be selected as a person who is to acquire by transfer:
1. Where an applicant for disposition has applied for disposition owing to his/her restructuring;
2. Where it is necessary to build a factory, which constitutes a series of manufacturing processes adjacent to a factory of an applicant of disposition;
3. Where it is deemed inappropriate for a management agency to select a person to whom it transfers, such as cases where an industrial site is unsold in lots;
4. Where a management agency fails to select a person to whom it transfers within the period prescribed by Ordinance of the Ministry of Knowledge Economy without any justifiable grounds.
(4) An applicant for disposition who has been informed pursuant to the main sentence other than the subparagraphs of paragraph (3) shall transfer an industrial site or a factory, etc. pursuant to paragraph (2) within the period prescribed by Ordinance of the Ministry of Knowledge Economy from the date he/she is informed.
(5) If a management agency intends to select a person to whom it transfers pursuant to the main sentence of paragraph (3), it shall announce the following matters in advance and then receive an application for purchase from applicants for occupancy:
1. An indication of the subject matter;
2. The sale price and a method of payment;
3. Timing of purchase;
4. Qualifications for occupancy of a purchaser;
5. Condition that a sales contract shall be concluded by a seller and a purchaser, and a purchaser shall conclude a contract for occupancy with a management agency;
6. Other matters required by a management agency.
(6) "Period prescribed by Presidential Decree" in Articles 39 (1) 1 and 39-2 (4) 1 of the Act means five years.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 49-2 (Related Agencies)   print
"Institutions prescribed by Presidential Decree" in Article 39 (2) 4 of the Act means institutions referred to in the following subparagraphs:
1. The Korea Credit Guarantee Fund pursuant to the Credit Guarantee Fund Act;
2. The Korea Technology Credit Guarantee Fund pursuant to the Korea Technology Credit Guarantee Fund Act;
4. The National Agricultural Cooperative Federation pursuant to the Agricultural Cooperatives Act;
5. Local public corporations established pursuant to the Local Public Enterprises Act for the purpose of land development projects;
6. Institutions that a management agency deems specifically necessary for management of the industrial complex concerned.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 50 (Reporting on Disposition of Factory, etc.)   print
If an occupant enterprise intends to dispose of an industrial site or a factory, etc. pursuant to Article 39 (3) of the Act, it shall submit a report on disposition with documents prescribed by Ordinance of the Ministry of Knowledge Economy attached thereto, to a management agency.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 50-2 (Processing of Identification Information)   print
In order to carry out the following administrative affairs, the Minister of Knowledge Economy, heads of local governments or heads of management agencies may process materials in which identification information referred to in Article 24 (1) of the Personal Information Protection Act is included:
1. Administrative affairs concerning applications, reports, approval, etc. referred to in Article 6-2 (2) of the Act or Article 8-2 (4) of this Decree (including administrative affairs to confirm rights to land and buildings);
2. Administrative affairs concerning hearings referred to in Article 51-2 of the Act;
3. Administrative affairs concerning the imposition of fines for negligence referred to in Article 55 of the Act;
4. Administrative affairs concerning approval for business plans referred to in Article 33 of the Support for Small and Medium Enterprise Establishment Act.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 51 (Collection of Expenses)   print
(1) When a management agency transfers an industrial site, a factory, etc. to a purchasing enterprise pursuant to Article 39 (4) of the Act, it may collect expenses referred to in the following subparagraphs to the extent of actual expenses from an enterprise which has obtained such by transfer: Provided, That the brokerage commission pursuant to subparagraph 3 shall be only applicable where it transfers an industrial site, a factory, etc. of which application for purchase it has received to a purchasing enterprise:
1. Appraisal fees;
2. Expenses for a public announcement of sale;
3. Brokerage commission prescribed by the administrative guidelines pursuant to Article 32 of the Act.
(2) A management agency shall collect expenses incurred in the selection of a transferee pursuant to paragraph (1) when it transfers an industrial site, a factory, etc.: Provided, That where a management agency deems it necessary, it may fix the time for collection separately.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 52 (Interests and Costs)   print
The interests and costs referred to in Article 39 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 22395, Sep. 20, 2010>
1. The amount calculated by multiplying the acquisition price of an industrial site to be transferred by the manufacturers' price index during the period from the date of acquisition to the date of transfer;
2. Acquisition tax and other taxes and public charges incurred in the acquisition of an industrial site to be transferred: Provided, That taxes collected in addition due to causes attributable to a person who has acquired an industrial site shall be excluded herefrom;
3. Costs incurred in maintenance, conservation, or improvement of an industrial site to be transferred.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 52-2 (Sale Price, etc. of Industrial Site of Related Agency)   print
(1) When a related agency has purchased an industrial site, a factory, etc. pursuant to Articles 39 (2) and 43 (1) and (2) of the Act, it shall report to a management agency within one month from the date of such purchase.
(2) Where a related agency has purchased an industrial site, a factory, etc. pursuant to Articles 39 (2), 43 (1) and (2) of the Act, it shall, within one year from the date of such purchase, transfer such to an occupant enterprise, support institution, or a person qualified to move in to the industrial complex concerned pursuant to Article 6: Provided, That where a management agency deems that a related agency has difficulty in transferring within one year from the date of such purchase, it may extend the period within the extent of one year.
(3) The sale price of an industrial site or a factory, etc. purchased by a related agency shall be the amount according to the classification referred to in the following subparagraphs:
1. In cases of an industrial site: The amount in which all the amounts referred to in the following items and the purchase price of an industrial site purchased by a related agency were added: Provided, That where the amount appraised by an appraisal business operator (hereinafter referred to as "appraised value") pursuant to subparagraph 9 of Article 2 of the Public Notice of Values and Appraisal of Real Estate Act at the time of sale is lower than the amount pursuant to the main sentence, the appraised value may be regarded as the sale price:
(a) The amount calculated by multiplying the purchase price of an industrial site by the rate of interest in which one percent per annum and an earning rate of circulation of treasury bonds (referring to three-year treasury bonds) pursuant to Article 3 of the State Bond Act were added;
(b) Expenses incurred in maintenance, conservation or improvement of an industrial site purchased;
2. In cases of a factory, etc.: The appraised value.
(4) If a related agency intends to transfer an industrial site or a factory, etc. pursuant to paragraph (2), it shall consult with a management agency in advance.
(5) A related agency may lease or use an industrial site or a factory, etc. purchased pursuant to paragraph (1) until it transfers such pursuant to paragraph (2), within the extent of uses compatible with a master plan for management with the consent of a management agency.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 52-3 (Partitioning of Industrial Sites of Enterprises Subject to Restructuring)   print
(1) "Period prescribed by Presidential Decree" in Article 39-2 (5) 1 of the Act means five years.
(2) "Period prescribed by Presidential Decree" in Article 39-2 (5) 2 of the Act means three years.
[This Article Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011]
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 Article 52-4 (Reporting of Disposition of Industrial Sites, etc. Acquired by Auction, etc.)   print
Article 50 shall apply mutatis mutandis where a person transfers an industrial site, factory, etc. pursuant to Article 40 (2) or 43 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 53 (Redemption of Industrial Site)   print
(1) A management agency shall specify the matters on redemption of an industrial site pursuant to Article 41 of the Act in a contract for occupancy.
(2) The period of a corrective order pursuant to Article 41 (2) of the Act shall be six months.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 54 (Period, etc. for Correction)   print
"Period prescribed by Presidential Decree" in the head sentence of Article 42 (1) of the Act shall be six months.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 55 (Notice of Termination, etc. of Contract for Occupancy)   print
When a management agency has terminated a contract for occupancy pursuant to Article 42 (1) of the Act, it shall inform agencies which permitted, authorized, licensed or registered, etc. under Acts and subordinate statutes on the relevant business of such fact.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 56 (Conduct of Remaining Business After Termination of Contract for Occupancy)   print
(1) "Business prescribed by Presidential Decree, such as the conduct of the remaining business, etc." in Article 42 (2) of the Act means manufacturing, processing, stevedoring, transportation, storage, and import and export business of goods, a contract for which has been already concluded and incidental business related thereto, at the time a contract for occupancy is terminated.
(2) The remaining business under Article 42 (2) of the Act shall be conducted within three months: Provided, That where a management agency acknowledges that there is an inevitable ground, such period may be extended.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 56-2 (Order to Remove Factory, etc. in Agro-Industrial Complex)   print
(1) Where the authorized administrator of an agro-industrial complex under Article 30 (1) 3 of the Act orders to remove a factory, etc. pursuant to Article 43-2 (1) of the Act, he/she shall notify the relevant occupant enterprise in advance with a document in which the matters referred to in the following subparagraphs are included:
1. Grounds for an order to remove;
2. Deadline for removal;
3. A method and deadline of raising an objection.
(2) Procedures and methods, etc. of a hearing pursuant to Article 43-2 (3) of the Act shall be as prescribed by the Administrative Procedures Act.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 56-3 (Disposition of Charge for Compelling the Performance and Agencies Entrusted with Collection Business)   print
(1) "Management agencies prescribed by Presidential Decree" in Article 43-3 (6) of the Act means agencies referred to in the following subparagraphs:
1. The head of a local government entrusted with administrative business by the authorized administrator pursuant to Article 30 (2) 2 of the Act;
2. A public corporation entrusted with administrative business by the authorized administrator pursuant to Article 30 (2) 3 of the Act (referring to only investigation business necessary for disposition and collection of charge for compelling the performance).
(2) Procedures for imposition and collection of charge for compelling the performance pursuant to Article 43-3 of the Act shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 57 (Support Business of Occupant Enterprises)   print
"Support business prescribed by Presidential Decree, such as provision of market information, supply of energy, promotion of industrial labor relations, and vocational training, etc." in Article 44 (1) of the Act means activities referred to in the following subparagraphs:
1. Business promoting the welfare of employees, such as supply of apartment housing to employees;
2. Business concerning water supply, prevention of industrial accidents, and prevention of environmental pollution;
3. Business concerning education and training;
4. Business incidental to showrooms;
5. Business Joint sales of products manufactured by occupant enterprises and joint purchasing;
6. Other business on the promotion of export and improvement in the productivity of occupant enterprises.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58 (Safety Supervision, etc. of Industrial Complexes)   print
(1) Where a management agency intends to guide occupant enterprises on the safety supervision, pollution control, environmental management, etc. pursuant to Article 45 of the Act, it shall formulate and execute a safety supervision plan in which matters referred to in the following subparagraphs are included:
1. Matters regarding the safety supervision of dangerous facilities;
2. Matters regarding the prevention of pollution;
3. Matters regarding cooperation with relevant administrative agencies related to subparagraphs 1 and 2.
(2) A management agency may guide occupant enterprises on the matters referred to in the following subparagraphs pursuant to Article 45 of the Act: Provided, That where it provides guidance on the safety supervision, pollution control, environmental management, etc., or if necessary, it shall request the head of the relevant administrative agency to cooperate in the correction thereof:
1. Matters regarding the safety supervision and guard of factory facilities and factory workshops;
2. Matters regarding management, such as installation and checkup of facilities for the prevention of pollution;
3. Matters regarding facilities for the promotion of the welfare of employees;
4. Matters regarding the improvement of factory environment, such as the creation of a green tract;
5. In addition to subparagraphs 1 through 4, matters necessary for the safety supervision of an industrial complex.
(3) Standards of the subparagraphs of paragraph (2) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-2 (Formulation and Approval of Master Plan for Upgrading Structures)   print
(1) "Building projects prescribed by Presidential Decree" in the part other than the subparagraphs of Article 45-2 (1) of the Act means projects to build and operate any of the following buildings and facilities:
1. Factories;
2. Knowledge industry centers;
3. Buildings defined in attached Table 1 of the Enforcement Decree of the Building Act that fall under any of the following:
(a) Collective housing (only applicable to dormitory, and dormitory-type housing under Article 3 (1) of the Enforcement Decree of the Housing Act);
(b) Class 1 neighborhood facilities;
(c) Class 2 neighborhood facilities (excluding religion assembly halls);
(d) Facilities for cultural activities and assembly
(e) Commercial facilities;
(f) Medical facilities;
(g) Education and research facilities;
(h) Facilities for the elderly and children;
(i) Sports facilities;
(j) Business facilities;
(k) Lodging facilities (only applicable to hotel business under the Article 3 (1) 2 of the Tourism Promotion Act);
(l) Warehouses;
(m) Facilities for tourism and relaxation;
(n) Other facilities deemed necessary by an authorized administrator.
(2) "Important matters prescribed by Presidential Decree" in the latter parts of Article 45-2 (2) and (5) of the Act means as follows: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. Location and size (excluding size corrected according to the results of stereoscopic measurement) of an area in which a project for upgrading the structures of industrial complexes (hereinafter referred to as "project for upgrading the structures") to be implemented;
2. A project implementor for upgrading the structures;
3. A land use plan.
(3) "Matters prescribed by Presidential Decree" in Article 45-2 (2) 13 of the Act means as follows: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. A layout plan for an area in which a project for upgrading the structures is to be implemented;
2. A location map, planned ground plan and blueprint;
3. A plan on management and disposition of land and facilities subject to development;
4. A plan on attribution and replacement of public facilities defined in subparagraph 11 of Article 2 of the Act (hereinafter referred to as "public facilities");
5. Deleted; <by Presidential Decree No. 23259, Oct. 26, 2011>
6. A proxy plan of a project for upgrading the structures (only applicable where part of the project for upgrading the structures shall be conducted by proxy pursuant to Article 45-3 (2) of the Act).
(4) "Area where procedures for the formulation of a recycling plan of the industrial complex prescribed by Presidential Decree is underway" in Article 45-2 (3) 1 of the Act means an area in which two and a half years have not passed since the procedures for the formulation of a recycling plan of the industrial complex were commenced by a Mayor/Do Governor or the head of a Si/Gun/Gu: Provided, That this shall not apply to an area where the consultation between the relevant authorized administrator and the person authorized to designate the relevant industrial complex has completed, pursuant to Article 45-2 (4) of the Act.
(5) Matters officially announced pursuant to Article 45-2 (7) of the Act shall be as follows:
1. Title of a project for upgrading the structures;
2. Name of a project implementor (in cases of a legal entity, its title and the name of its representative);
3. Purpose and outline of a project for upgrading the structures;
4. Location and size of an area in which a project for upgrading the structures of industrial complexes is to be implemented;
5. Execution period for a project for upgrading the structures of industrial complexes (including a scheduled date for undertaking works and scheduled date for work completion).
[This Article Wholly Amended by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-3 (Project Implementor)   print
(1) "Private enterprises satisfying the requirements prescribed by Presidential Decree" in the main sentence of Article 45-3 (1) 3 of the Act and paragraph (2) 2 of the same Article means a corporation under the Civil Act, or an enterprise under the Commercial Act, which does not fall under any of the following: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. Enterprises subject to restructuring under Article 21 of the Industrial Development Act;
2. Enterprises showing signs of insolvency under subparagraph 5 of Article 2 of the Corporate Restructuring Promotion Act.
(2) "Ratio of investment prescribed by Presidential Decree" in the proviso to Article 45-3 (1) 3 of the Act means the total of the investment ratios of persons under Article 45-3 (1) 1 or 2 of the Act shall be more than 20/100.
(3) "Persons prescribed by Presidential Decree, such as local corporations" in Article 45-3 (1) 5 of the Act means the Corporation, public enterprises under the Act on the Management of Public Institutions and local public enterprises under the Local Public Enterprises Act. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
[This Article Wholly Amended by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-4 (Vicarious Execution of Project for Upgrading Structures)   print
(1) A person who intends to vicariously conduct part of a project for upgrading the structures pursuant to Article 45-3 (2) of the Act shall submit a proxy plan of the project for upgrading the structures, in which the following matters are entered, to a project implementor:
1. Name of a person who intends to vicariously conduct a project for upgrading the structures (in cases of a legal entity, referring to its title and the name of its representative), and his/her address;
2. Title, location and size of a predetermined zone for a project for upgrading the structures which intends to vicariously conduct a project for upgrading the structures;
3. Outline of a project for upgrading the structures, including the following:
(a) Purpose and necessity of the project;
(b) Type and outline of the project;
(c) Execution period of the project.
(2) A proxy plan of the project for upgrading the structures shall be accompanied by documents in the following:
1. A location map of a zone subject to the project;
2. A business plan;
3. A financing plan;
4. A re-investment plan of development profits.
(3) A project implementor who receives the request pursuant to paragraph (1) shall decide whether to allow an applicant to conduct the project by proxy in comprehensive consideration of public attributes, feasibility and appropriateness of the project.
(4) Where a project implementor intends to allow the conduct of a project for upgrading the structures by proxy pursuant to paragraph (3) shall conclude a contract on the conduct of the project for upgrading the structures with a proxy.
(5) A project implementor shall guide and supervise the proxy who has concluded a contract pursuant to paragraph (4) to help him/her sincerely conduct the project.
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-5 (Re-investment of Development Profits)   print
(1) Development profits under Article 45-6 (1) of the Act shall be calculated by subtracting the total cost from the gross gains of the relevant project for upgrading the structures, and components thereof shall be prescribed in attached Table 5.
(2) Development profits under Article 45-6 (1) of the Act shall be limited to the following development profits: <Amended by Presidential Decree No. 23718, Apr. 10, 2012>
1. Change of zones by use pursuant to Article 33 (6) of the Act;
2. Designation of City/Gun planning facilities pursuant to Article 43 of the National Land Planning and Utilization Act;
(3) Development profits under paragraph (1) shall be calculated based on estimated profits at the time of approval of a plan for upgrading the structures, according to the relevant plan for upgrading the structures, and the development profits shall be settled when an application for authorization of the completion of the project is filed.
(4) The scope of re-investment of development profits pursuant to Article 45-6 (1) of the Act shall exceed 50/100 of the development profits.
(5) "Projects for upgrading the structures prescribed by Presidential Decree, such as installation of industrial infrastructure and public facilities" in Article 45-6 (1) of the Act means the following projects: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. Maintenance, repair, improvement and expansion of industrial infrastructure;
2. Maintenance, repair, improvement and expansion of public facilities;
2-2. Lowering of selling prices of industrial sites and facilities;
3. Other projects for upgrading the structures, recognized by an authorized administrator.
(6) Each project implementor and agent shall complete the re-investment required by a project for upgrading the structures by the date the completion of the project is authorized. <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-6 (Approval of Completion of Project)   print
(1) Where a project implementor intends to obtain authorization of the completion pursuant to Article 45-7 (1), he/she shall submit to an authorized administrator of the relevant industrial complex an application for the completion which includes the following:
1. Name of an implementor of a project for upgrading the structures (in cases of a legal entity, its title and the name of its representative), and his/her address;
2. Title of a project for upgrading the structures;
3. Location and size of an area where a project for upgrading the structures is implemented;
4. Project execution period;
5. A land use plan;
6. Outline of maintenance, repair, improvement and expansion, etc. of industrial cluster infrastructure, industrial infrastructure, and public facilities.
(2) An application for the completion under paragraph (1) shall be accompanied by the following documents and drawings:
1. Completion inspection record (including built drawings and completion photos);
2. A graphical cadastral survey result map;
3. A disposal plan for land and facilities developed;
4. Attribution records and drawings for facilities, etc. whose attributing subject has been classified and clarified.
(3) An authorized administrator may request the State, local government, public institution or management agency that is to take over or manage public facilities, etc. included in an application for the completion under paragraph (1) to participate in the process of the authorization of the completion. In such cases, a person who is requested shall comply with the request, unless any extraordinary circumstance exists.
(4) When a project for upgrading the structures has completed according to a plan for upgrading the structures as result of the inspection on the completion pursuant to Article 45-7 (2) of the Act, an authorized administrator shall authorize the completion and issue a certificate of the authorization of the completion: Provided, That when the project has completed not as planned for upgrading the structures, the authorized administrator shall promptly order him/her to take necessary measures such as complementary construction.
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-7 (Public Announcement of Authorization of Completion)   print
Matters to be announced by an authorized administrator pursuant to Article 45-7 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 23259, Oct. 26, 2011>
1. Title of a project for upgrading the structures;
2. Name of an implementor of a project for upgrading the structures (in cases of a legal entity, its title and the name of its representative), and his/her address;
3. Location and size of an area in which a project for upgrading the structures is implemented (including the size of zones by use);
4. Date of authorization of the completion;
5. Matters concerning management and disposal of land and facilities.
[This Article Newly Inserted by Presidential Decree No. 22273, Jul. 12, 2010]
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 Article 58-8 (Business of Korea Industrial Complex Corporation)   print
"Business prescribed by Presidential Decree" in Article 45-13 (1) 12 of the Act means the following business: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Business regarding the promotion of industrial clusters and regional industries;
2. Business regarding construction of the joint distribution base of industrial complexes;
3. Business regarding exchange and cooperation with overseas industrial complexes;
4. Business for the promotion of intermediation and utilization of industrial sites, factories, etc., and manufacturing facilities, etc. in an industrial complex;
5. Job placement and other business for smooth supply and demand of human resources for occupant enterprises in an industrial complex;
6. Deleted; <by Presidential Decree No. 22987, Jun. 27, 2011>
7. Business regarding raising and management of funds, and investment for assistance to industrial complexes and occupant enterprises;
8. Business regarding the acquisition and supply of land and leases of facilities;
9. Business regarding the promotion of exchange between occupant enterprises and workers, and the operation of all kinds of support facilities, such as exhibition centers, conference centers, etc. for the promotion of convenience of foreign buyers, etc.;
10. Business to support restructuring and normalization of management of occupant enterprises;
11. Business entrusted by the Minister of Knowledge Economy, the head of a local government, etc.;
12. Business regarding construction of ecological industrial complexes under the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure for the promotion of green growth;
13. Business corresponding to that referred to in subparagraphs 1 through 12, and approved by the Minister of Knowledge Economy.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-9 (Cooperation, etc. with Local Governments, etc.)   print
(1) Matters on which the Corporation should cooperate with local governments and related agencies pursuant to Article 45-13 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Support for procedures for all kinds of authorization and permission, etc. related to the establishment of a factory among support to business related to the establishment of a factory pursuant to Article 45-13 (1) 7 of the Act and entrustment of such support business;
2. Entrustment of sites and compensation for loss following the promotion of business prescribed in Article 45-13 (1) 2, 3 and 5 of the Act, support in installation of infrastructure, support in procedures for all kinds of authorization and permission, etc.;
3. Other matters deemed necessary for the smooth promotion of business pursuant to the subparagraphs of Article 45-13 (1) and the subparagraphs of Article 58-8 of the Act.
(2) Where a management agency performs support, etc. referred to in the subparagraphs of paragraph (1), if necessary, it may ask local governments or related agencies to allow perusal or copy of documents.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-10 (Guidance and Supervision of Business)   print
(1) The Minister of Knowledge Economy may, pursuant to Article 45-17 of the Act, require the Corporation to report matters on business, accounting and property, or require public officials under his/her control to inspect books, documents and other objects of the Corporation. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(2) A public official who conducts an inspection pursuant to paragraph (1) shall produce identification indicating his/her authority to the persons concerned.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-11 (Payment and Management of Contribution)   print
(1) Where the Corporation has received a contribution pursuant to Article 45-18 of the Act, it shall manage it by establishing a separate account and use it only for uses of business referred to in the subparagraphs of Article 45-13 (1) of the Act. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(2) Where the Corporation which received a contribution has used it for a purpose other than uses under paragraph (1), the State or a local government may collect all contributions used for the purpose other than uses.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-12 (Forms of Bonds)   print
Bonds issued by the Corporation under Article 45-19 of the Act shall be in the form of non-registration: Provided, That where there is a demand from subscribers or holders, they may be in the form of registration. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-13 (Method of Issuing Bonds)   print
Bonds issued by the Corporation shall be issued by public offering, total amount underwriting or public sale.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-14 (Offering, etc. of Bonds)   print
(1) Where the Corporation intends to issue bonds by offering, it shall prepare a bond offering in which matters referred to in the following subparagraphs are included, and deliver such:
1. Name of the Corporation;
2. Total value of bonds issued;
3. Face amount by type of bonds;
4. Interest rate of bonds;
5. A method and period of redemption of bonds and a payment method of interest;
6. The value of bonds issued or their lowest value;
7. Where there are bonds unredeemed, the total amount thereof;
8. Where there is any company entrusted with bond offering, its trade name and address.
(2) Any person intending to subscribe to a bond offering shall enter the number and value of bonds he/she intends to subscribe, and the address of a subscriber in two copies of a bond subscription pursuant to paragraph (1), and sign and seal, and submit them to the Corporation. In such cases, when issuing bonds by fixing the lowest value of bonds, the amount subscribed shall be entered.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-15 (Total Amount Underwriting and Method of Sales)   print
(1) Article 58-14 shall not apply where the total value of bonds are underwritten according to a contract. Where a company entrusted with bond offering underwrites part of such bonds, the same shall also apply to such part underwritten. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
(2) When bonds are issued by sale, the period of sales and matters referred to in Article 58-14 (1) 1 through 6 shall be publicly announced in advance. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-16 (Total Value of Bonds Issued)   print
In issuing bonds, the Corporation may indicate in a bond subscription the effect that it will issue bonds even if the total amount actually subscribed is less than the total value of bonds issued in a bond subscription. In such cases, the total amount of such subscription shall be the total value of bonds issued.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-17 (Payment, etc. of Underwriting Value of Bonds)   print
(1) When the subscription to bonds has been completed, the Corporation shall have, without delay, the subscribers pay the total of the value of bonds underwritten.
(2) Any company entrusted with bond offering may do the acts pursuant to paragraph (1) for the Corporation by its own name.
(3) Where bonds are issued by method of offering, such bonds shall not be issued until full payment equivalent to the total amount of such bonds issued is paid.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-18 (Matters to be Entered on Bonds)   print
Matters referred to in the following subparagraphs shall be entered on bonds, and the chairperson of the Corporation shall put his/her name and seal the bonds: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. Matters referred to in Article 58-14 (1) 1 through 5 (where bonds are issued by sale, matters referred to in Article 58-14 (1) 2 shall be excluded);
2. Number of bonds;
3. The date of issuance of bonds.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-19 (Original Register of Bonds)   print
(1) The Corporation shall keep the original register of bonds in the main office, and enter matters referred to in the following subparagraphs therein: <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
1. The number of bonds by type and their serial numbers;
2. The date of issuance of bonds;
3. Matters referred to in Article 58-14 (1) 2 through 5, and 8.
(2) When bonds are in the form of registration, matters referred to in the following subparagraphs shall be entered in addition to matters referred to in the subparagraphs of paragraph (1):
1. Name and address of a bondholder;
2. Date of acquisition of bonds.
(3) Any holder or possessor of bonds may demand perusal of the original register of bonds during working hours of the Corporation.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-20 (Cases of Faults in Concessions)   print
(1) Where bonds in the form of non-registration with concessions are redeemed, when concessions have been faulted, the amount equivalent to such concessions shall be deducted from the amount redeemed.
(2) A holder of concessions pursuant to paragraph (1) may demand payment of the amount deducted from the redemption with such concessions.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 58-21 (Notice, etc. to Holder of Bonds)   print
(1) Notice or peremptory notice to the subscriber or the right holder prior to issuance of bonds shall be made to the address entered in a bond subscription. In such cases, when the Corporation has been separately notified of the address, it shall be made to such address.
(2) Notice or peremptory notice to a holder of non-registered bonds shall be by public announcement: Provided, That where the Corporation is able to obtain his/her address, this shall not apply.
(3) Notice or peremptory notice to a holder of inscribed bonds shall be made to the address entered on the original register of bonds. In such cases, when the Corporation has been separately notified of the address, it shall be made to such address.
[This Article Wholly Amended by Presidential Decree No. 21665, Aug. 5, 2009]
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 Article 59 (Delegation and Entrustment of Authority)   print
(1) The Minister of Knowledge Economy (where the authority of management has been entrusted pursuant to paragraph (4), the head of the central administrative agency entrusted with such authority shall be included) shall delegate, to the Mayor/Do Governor, the authority over the imposition and collection of fines for negligence on occupant enterprises or support institutions in national industrial complexes, pursuant to Article 55 (1) 1 through 5 and (2) 9 of the Act, receipt of an objection and notification to a court pursuant to Article 51 (1) of the Act. <Amended by Presidential Decree No. 21665, Aug. 5, 2009; Presidential Decree No. 23259, Oct. 26, 2011>
(2) Deleted. <by Presidential Decree No. 18039, Jun. 30, 2003>
(3) The Minister of Knowledge Economy shall entrust the Corporation with management affairs pursuant to subparagraph 15 of Article 2 of the Act regarding national industrial complexes, except as otherwise prescribed by paragraph (4) or other Acts and subordinate statutes. <Amended by Presidential Decree No. 21665, Aug. 5, 2009>
(4) As cases where the head of a central administrative agency makes a request on a national industrial complex designated at his/her request pursuant to Article 6 (2) of the Industrial Sites and Development Act, where it is deemed necessary for him/her to manage the national industrial complex directly, the Minister of Knowledge Economy may entrust the head of the central administrative agency with the authority over the relevant national industrial complex pursuant to Article 51 (1) of the Act. <Amended by Presidential Decree No. 21665, Aug. 5, 2009; Presidential Decree No. 23259, Oct. 26, 2011>
(5) The Minister of Knowledge Economy shall entrust business on sale and lease of State-owned land in a national industrial complex referred to in Article 34 of the Act to the Corporation delegated or entrusted with management of the relevant national industrial complex, and delegate business on sale and lease of State-owned land in general industrial complexes and urban high-tech industrial complexes referred to in Article 34 of the Act to the competent Mayor/Do Governor pursuant to Article 51 (1) of the Act. <Amended by Presidential Decree No. 21665, Aug. 5, 2009; Presidential Decree No. 22987, Jun. 27, 2011; Presidential Decree No. 23259, Oct. 26, 2011>
(6) The Minister of Knowledge Economy shall entrust the following affairs concerning the installation, operation, etc. of the Facton system to the Corporation pursuant to Article 51 (2) of the Act: <Newly Inserted by Presidential Decree No. 23259, Oct. 26, 2011>
1. Affairs concerning the installation and operation of the Facton system referred to in Article 6-2 (1) of the Act;
2. Affairs concerning approval for the heads of local governments and heads of public institutions among persons who intend to use electronic data referred to in Article 6-3 (1) and (2) of the Act;
3. Affairs concerning the collection of use fees from persons who use electronic data referred to in Article 6-3 (3) of the Act;
4. Affairs concerning the provision of education to persons who use the Facton system referred to in Article 6-5 of the Act and collection of the cost of such education.
[This Article Wholly Amended by Presidential Decree No. 15123, Jul. 19, 1996]
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 Article 59-2 (Reexamination of Regulations)   print
(1) The Minister of Knowledge Economy shall ascertain by December 31, 2013, the qualifications for occupancy of an industrial complex referred to in Article 6 are appropriate and take measures, such as relaxation or retention of such standards.
(2) The Minister of Knowledge Economy shall ascertain by December 31, 2013, the extent of acts permitted in a growth management zone referred to in subparagraph 1 of Article 27 is appropriate and take measures, such as improvement. <Amended by Presidential Decree No. 22273, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 21626, Jul. 7, 2009]
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 Article 60 (Standards for Imposition of Fines for Negligence)   print
Standards for the imposition of fines for negligence referred to in Article 55 (1) and (2) of the Act are as shown in attached Table 6.
[This Article Wholly Amended by Presidential Decree No. 22872, Apr. 5, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 14, 1991.
Article 2 (Abrogation of Other Acts and Subordinate Statutes)
Article 3 (Transitional Measures following Enlargement of Limited Readjustment Zone)
Those who have reported factory establishment pursuant to the provisions of Article 7 of the former Industrial Placement Act before the enforcement of this Decree in a zone added to the limited readjustment zone pursuant to this Decree, and have received a certificate of report of factory establishment pursuant to the provisions of Article 8 (2) of the former Enforcement Decree of the Industrial Placement Act, or those who have received permission of construction or permission of change of land shape and quality pursuant to the Building Act or other Acts and subordinate statutes shall be deemed to have received permission regarding establishment of the factory concerned. pursuant to the provisions of Article 20 (2) of the Act.
Article 4 (Special Cases regarding Construction and Enlargement of Factory for Publication of Daily Newspaper in Relocation Promotion Zone and Limited Readjustment Zone)
Where a factory for the publication of daily newspaper registered pursuant to the provisions of Article 7 of the Registration, etc. of Periodicals Act at the time of enforcement of this Decree is situated in the Relocation Promotion Zone or Limited Readjustment Zone, construction or enlargement shall be possible notwithstanding the provisions of Article 26 or 27.
Article 5 (Transitional Measures regarding Industrial Complex, etc.)
Administrative agencies by industrial complex prescribed in the attached Table of the former Enforcement Decree of the Industrial Complex Management Act shall be deemed to have been commissioned or entrusted with the management business of industrial complexes pursuant to the provisions of Article 5 of this Decree.
Article 6 Omitted.
Article 7 (Relations with Other Acts and Subordinate Statutes)
Where the former Enforcement Decree of the Industrial Placement Act, the Enforcement Decree of the Industrial Complex Management Act or provisions thereof is cited in other Acts and subordinate statutes at the time this Enforcement Decree enters into force, those Acts and subordinate statutes shall be deemed as citing this Enforcement Decree or the relevant provisions of this Enforcement Decree in case where the relevant provisions are included in this Enforcement Decree.
ADDENDA <Presidential Decree No. 13303, Feb. 2, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on February. 2, 1991.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 13353, Apr. 18, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13563, Dec. 31, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13731, Sep. 26, 1992>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Special Cases regarding Construction and Enlargement of Factory in Limited Readjustment Zone) Any factory which has been authorized or permitted pursuant to the relevant Act and subordinate statute for the establishment of a factory before the enforcement date of the amended Enforcement Decree of the Industrial Placement Act, the Presidential Decree No. 11722 (Jul. 6, 1985), in a zone admitted to the limited readjustment zone pursuant to the provisions of Article 3 of the same Decree, or which has received a certificate of report of factory establishment pursuant to Article 7 of the former Industrial Placement Act may construct or enlarge within the period prescribed in Article 12 (3) after the enforcement of this Decree notwithstanding the provisions of Article 27.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 13922, Jul. 1, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1993.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14315, Jul. 4, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures regarding Permission, etc. of Construction, Enlargement, etc. of Factory)
Any person who has received permission of construction, enlargement or transfer of a factory before the enforcement of this Decree in a zone admitted into the growth administration zone pursuant to this Decree from the former limited readjustment zone shall be deemed to have received permission of construction, enlargement or transfer of a factory in the growth administration zone pursuant to this Decree.
Article 3 (Transitional Measures regarding Factories in Restricted Population Zone)
(1) The site in excess of standard of an existing factory in the restricted population zone where new enlargement is limited following the enforcement of the amended Act of the Industrial Placement and Factory Construction Act, Act No. 4720, and the amended Enforcement Decree of the Industrial Placement and Factory Construction Act, Presidential Decree No. 14315, at the time of the enforcement of this Decree shall be deemed the case as prescribed by the proviso of Article 11 (3) of the Act and the Presidential Decree pursuant to Article 15 of this Decree for 3 years from the enforcement of this Decree.
(2) In the case of an existing factory (refers to a factory registered pursuant to Article 16 of the Act at the time of enforcement of this Decree. the same shall apply hereinafter.) in a zone newly admitted into the restricted population zone pursuant to this Decree in the former limited readjustment zone, enlargement of a factory falling under any of the following subparagraphs shall be possible:
1. Enlargement according to the content of permission, authorization, approval, reporting in the case where the business that received permission, authorization, approval, or reported, which accompanied enlargement of a factory pursuant to the provisions of the relevant Act and subordinate statutes;
2. Enlargement in the zone concerned, in the case of a factory in the oil storage and oil transport facility zone that received urban planning facility decision pursuant to the provisions of Article 16 of the Urban Planning Act before the enforcement of this Decree;
3. Enlargement within the extent of permission, license, etc. or reporting in case where it has received permission, license, etc. or reported regarding forest damage, conversion of farmland, change of form and quality of land before the enforcement of this Decree for factory enlargement;
4. Enlargement according to the condition where factory enlargement was permitted before the enforcement of this Decree on condition that the factory enlargement shall be executed;
5. Enlargement necessary for the manufacture of an express train for the person who has contracted an express train supply contract with the government or government-contributed agency before the enforcement of this Decree.
(3) The factory being the object of inducement of occupancy in the apartment type factory that received permission of factory establishment before the enforcement of this Decree in a zone admitted into the restricted population zone pursuant to this Decree among the formerly relocation promotion zones and limited readjustment zones shall be deemed as a factory where construction and enlargement in the apartment-type factory are permitted pursuant to the provisions of subparagraph 2 of Article 26.
Article 4 (Transitional Measures regarding Small and Medium-Sized Enterprise Cooperation Business)
In the case of a small and medium-sized enterprise cooperation project site which has received approval of a small and medium-sized enterprise cooperation practice plan, and executing with the decision of change of a national land utilization plan pursuant to the provisions of Article 8 of the Act on the Utilization and Management of National Territory, it shall be deemed a factory that can be constructed within the factory area of 3000 square meters notwithstanding the provisions of Article 27-2.
Article 5 (Special Cases regarding Construction and Enlargement of Factory in the Growth Administration Zone and Environmental Protection Zone)
(1) In case where construction and enlargement of a factory have been deliberated on and resolved by the Seoul Metropolitan Area Readjustment Deliberation Committee for the construction and enlargement of a factory before the enforcement of this Decree in the growth administration zone and environmental protection zone pursuant to this Decree among the development reservation regions, development inducement regions and environmental protection regions pursuant to the provisions of Article 8 of the Seoul Metropolitan Area Readjustment Planning Act before the enforcement of amended Act of the Seoul Metropolitan Area Readjustment Planning Act, Act No. 4721, construction and enlargement of a factory pursuant to above may be possible and the existing factory may be enlarged pursuant to the provisions of Article 16 (1) of the Act on Special Measures for the Deregulation of Corporate Activities and Article 10 of the Enforcement Decree of the same Act notwithstanding the provisions of Articles 27 and 27-2.
(2) Where permission regarding forest damage, conversion of farmland and change of form and nature of land have been received before July 11, 1984 (date of announcement of the basic Seoul Metropolitan Readjustment Plan pursuant to the Seoul Metropolitan Area Readjustment Planning Act) for construction or enlargement of a factory in a zone falling under a growth administration zone or an environmental protection zone pursuant to this Decree, or a factory establishment report has been already filed for an existing site, construction or enlargement of a factory in the zone concerned according to the permission or reporting may be possible.
Article 6 (Special Cases regarding Construction, Enlargement or Transfer of Factory according to Basic Programs for Management of Industrial Complexes)
The object factories for occupancy in the industrial complex pursuant to the basic program for management of industrial complex determined and announced by the Minister of Commerce, Industry and Energy pursuant to the provisions of Article 33 of the Act, and the industrial complex management guideline (including the national industrial complex occupancy management guideline announced by the Minister of Commerce, Industry and Energy) pursuant to the provisions of Article 32 of the Act in the national industrial complex designated before the enforcement of this Decree may be able to construct, enlarge or transfer a factory pursuant to the basic program for management of industrial complexes, industrial complex management guidelines and industrial complex occupancy management guidelines notwithstanding the provisions of Articles 26 and 27.
Article 7 Omitted.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14822. Dec. 7, 1995>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) That permission which was received regarding construction or enlargement of a factory pursuant to the provisions of Article 20 of the Act before the enforcement of this Decree in a zone excluded from the growth administration zone pursuant to the amended provisions of subparagraph 4 of Article 4 is deemed a report which is filed regarding construction or enlargement of a factory pursuant to the provisions of Article 13 (1) of the Act.
ADDENDA <Presidential Decree No. 14915, Feb. 15, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15123, Jul. 19, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Abrogation of Other Acts and Subordinate Statutes)
Regulation of industrial site policy deliberation committee is abrogated.
Article 3 (Transitional Measures regarding Detailed Use of Existing Factory Facilities Zone)
Factory facilities zone of the industrial complex designated pursuant to the former provisions at the time of enforcement of this Decree shall be deemed as having been designated as factory facilities use pursuant to the amended provisions of Article 43 (1) 1 until the use of the zone concerned is subdivided pursuant to the amended provisions of Article 43 (1) 1.
Article 4 (Transitional Measures regarding Support Agency in Existing Industrial Complex)
To the support agency occupying or decided to occupy the support facilities zone of industrial complex designated pursuant to the former provisions as at the time this Decree enters into force, former provisions shall apply notwithstanding the amended provisions of Article 6 (2).
ADDENDA <Presidential Decree No. 15137, Aug. 8, 1996>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15432, Jul. 10, 1997>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (a) of Article 27-2 and subparagraph 3 (b) of the attached Table 3 shall enter into force on January 1, 1998.
(2) (Applicable Examples regarding Commission Fees) The amended provisions of Article 45 (3) shall apply beginning with the industrial complex whose industrial complex development execution plan pursuant to the Industrial Sites and Development Act is announced for the first time after this Decree enters into force.
(3) (Applicable Examples regarding Urban Business Type) Urban business type factory pursuant to the former provisions as at the time this Decree enters into force shall be deemed as urban type factory pursuant to this Decree.
ADDENDA <Presidential Decree No. 15511, Nov. 19, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 1997. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15650, Feb. 20, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15967, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 16043, Dec. 31, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Term of Validity) The amended provisions of subparagraph 3 (j) of the attached Table 2 shall be valid until December 31, 2003. <Amended by Presidential Decree No. 17515, Feb. 9, 2002>
(3) (Transitional Measures concerning Construction or Enlargement of Factory whose Application, etc. for Approval was Received at Expiration of Term of Validity) To the construction or enlargement of a factory falling under any of the following subparagraphs, the amended provisions of subparagraph 3 (j) of the attached Table 2 shall apply: <Amended by Presidential Decree No. 18039, Jun. 30, 2003>
1. Construction or enlargement of a factory whose application for approval was received or application for occupancy contract was received at the time of expiration of term of validity of the amended provisions of subparagraph 3 (j) of the attached Table 2; and
2. Construction or enlargement of a factory in the industrial complex, which was announced pursuant to the provisions of Article 7-3 of the Industrial Sites and Development Act, and designated pursuant to the provisions of Articles 6, 7 or 7-2 of the same Act for the purpose of inducement of foreigner invested enterprises at the time of expiration of term of validity of the amended provisions of subparagraph 3 (j) of the attached Table 2.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16532, Aug. 9, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16891, Jul. 1, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2000. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Presidential Decree No. 17052, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 17175, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 17515, Feb. 9, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17816, Dec. 26, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Article 2 (Applicable Examples regarding Revocation, etc. of Approval of Establishment, etc. of Factory)
The provisions of subparagraph 3 of Article 19-4 shall apply to a factory which has received approval for establishment, etc. of a factory before the enforcement of this Decree. In this case, the date of enforcement of this Decree shall be deemed the date of approval of establishment, etc. of a factory, date of approval of installation of manufacturing facilities or date of start of factory construction.
Article 3 (Applicable Examples regarding Area of Factory Construction of Seoul Metropolitan Area Factory)
This amended provisions of Article 25 shall apply to the factory which has received approval of establishment, etc. of a factory before the enforcement of this Decree: Provided, That former provisions shall apply to the case of enlargement pursuant to the provisions of subparagraph 3 (c) and (d) of the attached Table 2.
Article 4 (Applicable Examples regarding Support Facilities of Apartment Type Factory)
This amended provisions of Article 36-4 (3) shall apply beginning with the apartment type factory which has received the first approval of establishment of an apartment type factory after the enforcement of this Decree.
Article 5 Omitted.
Article 6 (Relations with Other Acts and Subordinate Statutes)
Where the former Industrial Placement and Factory Construction Act or provisions thereof is cited in other Acts and subordinate statutes, and there are corresponding provisions in this Decree, it is deemed as having cited this Decree or the provisions of this Decree.
ADDENDA <Presidential Decree No. 18292, Feb. 25, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Term of Validity)
The amended provisions of subparagraph (1) (f) of the attached Table 2 shall be valid until December 31, 2004.
Article 3 (Transitional Measures regarding Construction or Enlargement of Factory where Application for Occupancy Contract was Received at Expiration of Term of Validity)
Construction or enlargement of a factory where an application for an occupancy contract was received by the administrative agency at the time of expiration of term of validity of the amended provisions of subparagraph 1 (f) of the attached Table 2 shall be pursuant to the amended provisions.
Article 4 (Transitional Measures regarding Apartment Type Factory)
An apartment-type factory pursuant to the former provisions at the time of the enforcement of this Decree shall be deemed as an apartment-type factory pursuant to the amended provisions of subparagraph 1 of Article 34.
Article 5 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18457, Jun. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2004. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18847, May 26, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1 (e) and 3 (i) of the attached Table 2 shall enter into force on July 28, 2005.
(2) (Term of Validity) The amended provisions of subparagraph 1 (f) and the Sub-Table of the attached Table 2 shall be valid not later than December 31, 2007.
(3) (Transitional Measures on Establishment or Enlargement of Factory for Which Application for Occupancy Contract is Accepted at Time of Completion of Effective Period) For the establishment or enlargement of a factory for which an application for occupancy contract has been accepted by the management agency of industrial complex at the time of expiration of effective period of the amended provisions of subparagraph 1 (f) of the attached Table 2, the same amended provisions shall apply.
ADDENDUM <Presidential Decree No. 19169, Dec. 9, 2005>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19241, Dec. 30, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Application Examples) The amended provisions of Article 19 (7) shall apply starting with the application for approval or approval for change of factory establishment, etc. received for the first time after the enforcement of this rule.
ADDENDUM <Presidential Decree No. 19385, Mar. 10, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19534, Jun. 16, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19639, Aug. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19670, Sep. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19944, Mar. 22, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20046, May 2, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20383, Nov. 5, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20446, Dec. 13, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20595, Feb. 4, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21267, Jan. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
When fines for negligence are applied to acts conducted before this Decree enters into force, the previous provisions shall apply.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21665, Aug. 5, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Transitional Measures)
Notwithstanding the amended provisions of subparagraph 1 of the remarks in attached Table 1, the previous provisions shall apply to applications for approval for the establishment of factories, etc. pursuant to Article 13 of the Act for new construction, enlargement or relocation of factories in an industrial complex developed by an industrial site development project pursuant to subparagraph 2 of Article 4 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act as at the time this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22273, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 13, 2010.
Article 2 (Applicability to Term of Lease Contract in Industrial Complexes)
The amended provisions of Article 48-4 (2) shall apply starting with a person who concludes a lease contract with a management agency for the first time after this Decree enters into force.
Article 3 (Transitional Measures concerning Contribution of Land Price Increases Following Change of Zones by Use)
Notwithstanding the amended provisions of Article 43-2, the previous provisions shall apply where the change of zones by use is underway, following the conclusion of a contract when this Decree enters into force between a management agency and occupant enterprises, which stipulates land increases shall be contributed to a management agency.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22872, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope, etc. of Support Facilities of Knowledge Industry Centers)
(1) The amended provisions of Article 36-4 (2) 5 shall also apply to cases where approval for establishment is obtained before this Decree enters into force.
(2) The amended provisions of Article 36-4 (4) 1 shall also apply to cases where approval for establishment is obtained before this Decree enters into force. In such cases, in cases of apartment-type factories for which approval for establishment was obtained pursuant to the former provisions before July 1, 2003 which is the enforcement date of the amended Enforcement Decree of the Industrial Placement and Factory Construction Act (Presidential Decree No. 18039), "20/100" in the amended provisions of the proviso to Article 36-4 (4) 1 shall be construed as "30/100."
Article 3 (Transitional Measures for Fines for Negligence)
(1) The application of standards for imposing fines for negligence to offenses committed before this Decree enters into force shall follow the former provisions, notwithstanding the amended provisions of attached Table 6.
(2) Any offense committed before this Decree enters into force and subjected to the disposition of imposition of fines for negligence shall not be included in the counting of frequency of offenses referred to in the amended provisions of attached Table 6.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22987, Jun. 27, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2011.
Article 2 (Transitional Measures for Fines for Negligence)
The application of standards for imposing fines for negligence to offenses committed before this Decree enters into force shall follow the former provisions, notwithstanding the amended provisions of attached Table 6.
ADDENDA <Presidential Decree No. 23259, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 (Applicability to Knowledge Industry Centers)
The amended provisions of Article 4-6 shall apply, starting from the first approval or occupancy contract which is obtained or concluded for the new establishment of a knowledge industry center after this Decree enters into force.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24228, Dec. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43 shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures for Plans for Placement of Types of Business)
Plans for the placement of types of business formulated pursuant to the former provisions as at the time this Decree enters into force shall be deemed plans for the placement of types of business formulated pursuant to the amended provisions of Article 43 (3).