Enforcement Rules Of The Foreign Investment Promotion Act


Published: 2013-06-10

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 Article 1 (Purpose)   print
The purpose of these Rules is to provide for matters delegated by the Foreign Investment Promotion Act and the Enforcement Decree of the said Act, and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 2 (Reporting, etc. on Foreign Investment by Acquiring Newly Issued Stocks, etc. or in Form of Contributions)   print
(1) A person who intends to report on a foreign investment by acquiring newly issued stocks, etc. or in the form of contributions under the former part of Article 5 (1) and the former part of Article 8-2 (1) of the Foreign Investment Promotion Act (hereinafter referred to as the "Act") shall submit two copies of a report in attached Form 1 (including one in English), together with the following documents, to the president of the Korea Trade-Investment Promotion Agency or the head of a foreign exchange bank (hereinafter referred to as "head of an entrusted agency"): <Amended by Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010>
1. One copy of a document verifying details of the valuation of industrial property right, etc. assessed by a technology evaluation agency prescribed in Article 39 (2) of the Enforcement Decree of the Foreign Investment Promotion Act (hereinafter referred to as the "Decree") (to be submitted only for investment of any target of investment defined in Article 2 (1) 8 (d) of the Act (including contributions; hereafter the same shall apply in this Article and Article 17));
2. One copy of a document verifying that the target of investment is residual property alloted as a result of liquidation, etc. of a branch company or office, or a corporation (to be submitted only for investment of any target of investment defined in Article 2 (1) 8 (e) of the Act);
3. One copy of a document verifying that the target of investment is the amount of redemption of loans or of other loans from foreign countries (to be submitted only for investment of any target of investment defined in Article 2 (1) 8 (f) of the Act);
4. One copy of a document verifying that the target of investment constitutes the stocks referred to in subparagraphs of Article 2 (10) of the Decree (to be submitted only for investment of any target of investment defined in Article 2 (1) 8 (g) of the Act);
5. One copy of the certificate of completion of reporting on capital transactions of the real estate to be invested issued under Article 18 of the Foreign Exchange Transaction Act (to be submitted only for investment of any target of investment defined in Article 2 (1) 8 (h) of the Act);
6. One copy of a contract falling under an item of Article 2 (2) 2 of the Decree (to be submitted only in cases falling under Article 2 (2) 2 of the Decree);
7. One copy of a document verifying that the target of investment is the sale money of stocks, etc. under Article 2 (1) 4 (a) of the Act (hereinafter referred to as "stocks, etc.") and real estate (to be submitted only in cases falling under Article 2 (11) of the Decree);
8. One copy of a document verifying that the nonprofit corporation for which a contribution is intended satisfies all the requirements prescribed in subparagraphs of Article 2 (6) of the Decree (to be submitted only in cases falling under Article 2 (1) 4 (c) of the Act);
9. One copy of a document verifying that the nonprofit corporation for which a contribution is intended falls under a subparagraph of Article 2 (7) of the Decree (to be submitted only where it is intended to make a foreign investment that falls under Article 2 (1) 4 (d) of the Act);
10. One copy of a document verifying the nationality of a foreigner who intends to acquire stocks, etc. or contribute to a nonprofit corporation (to be submitted only where a foreigner makes his/her first foreign investment).
(2) A person who intends to report on modification of any reported matter under the latter part of Article 5 (1) and the latter part of Article 8-2 (1) of the Act shall submit two copies of a report in attached Form 2 (including one in English), together with the following documents, to the head of an entrusted agency: <Amended by Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010>
1. One copy of a contract falling under an item of Article 2 (2) 2 of the Decree (to be submitted only in cases falling under Article 2 (2) 2 of the Decree);
2. A document verifying that all the requirements prescribed in subparagraphs of Article 2 (6) of the Decree are satisfied (to be submitted only in cases falling under Article 2 (1) 4 (c) of the Act);
3. A document verifying that the provisions of a subparagraph of Article 2 (7) of the Decree has been triggered (to be submitted only in cases falling under Article 2 (1) 4 (d) of the Act);
4. A document verifying the foreigner's nationality (to be submitted only where the foreigner's nationality is changed).
(2) "Matters prescribed by Ordnance of the Ministry of Trade, Industry and Energy" in Article 6 (1) 5 of the Decree means the type of investment, purpose of investment (applicable only to cases of foreign investment by acquisition of new stocks, etc. under Article 5 (1) of the Act), and the address of the foreign-capital-invested company. <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 3 (Reporting, etc. on Foreign Investment by Acquisition of Existing Stocks, etc.)   print
(1) A person who intends to file a report on, or application for permission for, foreign investment by acquisition of existing stocks, etc. under the former part of Article 6 (1) or the former part of Article 6 (3) of the Act shall submit two copies of a report or application for permission in attached Form 3 (including one in English), together with the following documents, to the head of an entrusted agency or the Minister of Trade, Industry and Energy: <Amended by Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010; Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
1. One copy of each document prescribed in Article 2 (1) 2, 3, 6 and 7;
2. One copy of a document confirming whether the transferees are specially related to each other, where two or more transferees exist;
3. One copy of a document verifying that investing stocks fall under subparagraphs of Article 2 (10) of the Decree and one copy of a contract for acquisition(transfer) of stocks wherein the amount of exchange between the investing stocks and acquiring stocks, exchange rate, and other exchange conditions are stipulated (to be submitted only where stocks falling under Article 2 (1) 8 (g) of the Act are invested and existing stocks, etc. are acquired);
4. A document verifying the nationality of a foreigner who intends to acquire stocks, etc. (excluding where a foreigner intends to additionally acquire stocks, etc. of a foreign-capital-invested company).
(2) A person who intends to file a report on, or application for permission for, a modification under the latter part of Article 6 (1) or the latter part of Article 6 (3) of the Act shall submit two copies of a report or application for permission in attached Form 4 (including one in English), together with the following documents, to the head of an entrusted agency or the Minister of Trade, Industry and Energy: <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
1. One copy of a contract falling under an item of Article 2 (2) 2 of the Decree (to be submitted only in cases falling under Article 2 (2) 2 of the Decree);
2. One copy of a document confirming whether the transferees are specially related to each other, where two or more transferees exist (to be submitted only where a transferee is changed);
3. A document verifying the nationality of a foreigner who intends to acquire stocks, etc. (to be submitted only where the nationality of a foreigner is changed).
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 4 (Reporting on Acquisition of Stocks, etc.)   print
A person who acquires stocks, etc. under Article 7 (1) of the Act shall submit two copies of a report thereon in attached Form 5 (including one in English), together with the following documents, to the head of an entrusted agency within 30 days from the acquisition date:
1. One copy of a document verifying the acquisition of stocks or shares;
2. One copy of a contract falling under an item of Article 2 (2) 2 of the Decree (to be submitted only in cases falling under Article 2 (2) 2 of the Decree);
3. A document verifying the nationality of a foreigner who has acquired stocks, etc. (excluding where an existing foreign investor has additionally acquired stocks, etc. of the relevant foreign-capital-invested company).
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 5 (Reporting on Foreign Investment in Form of Long-Term Loan)   print
(1) Where any foreign investment in the form of a long-term loan subject to reporting under Article 8 (1) of the Act is redeemed either in installments or intermediately, the period of loan shall be computed in accordance with the standards publicly announced by the Minister of Trade, Industry and Energy in consideration of the grace period and redemption period, and the amount of loan subject to reporting on modification under the latter part of Article 8 (1) of the Act shall be calculated excluding the redeemed amount from the month following the date of redemption. <Amended by Ordinance of the Ministry of Commerce, Industry and Energy No. 427, Oct. 26, 2007; Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 3, 2008; Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
(2) A person who intends to make a foreign investment in the form of a long-term loan under the former part of Article 8 (1) of the Act shall submit two copies of a report thereon in attached Form 6 (including one in English), together with the following documents, to the head of an entrusted agency: <Amended by Ordinance of the Ministry of Commerce, Industry and Energy No. 231, Apr. 20, 2004; Ordinance of the Ministry of Commerce, Industry and Energy No. 427, Oct. 26, 2007>
1. One copy of a document verifying that the reporting person is an overseas parent company or an enterprise in a capital-investment relationship with the overseas parent company;
1-2. One copy of a document verifying that the reporting person is a foreign investor or an enterprise in a capital-investment relationship with the foreign investor;
2. One copy of a loan contract;
3. A document verifying the nationality of a loan provider (excluding where an overseas parent company that has reported on foreign investment provides a loan).
(3) A person who intends to report on modification of foreign investment in the form of a long-term loan under the latter part of Article 8 (1) of the Act shall submit two copies of a report in attached Form 6, together with the following documents, to the head of an entrusted agency: <Amended by Ordinance of the Ministry of Commerce, Industry and Energy No. 231, Apr. 20, 2004; Ordinance of the Ministry of Commerce, Industry and Energy No. 427, Oct. 26, 2007>
1. One copy of a document verifying that the reporting person is an overseas parent company or an enterprise in a capital-investment relationship with the overseas parent company (applicable only where the loan provider is changed);
1-2. One copy of a document verifying that the reporting person is a foreign investor or an enterprise in a capital-investment relationship with the foreign investor;
2. One copy of a changed contract;
3. A document verifying the nationality of a loan provider (applicable only where the nationality of a loan provider is changed).
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 Article 6 (Temporarily Exceptional Period of Sustainment of Minimum Foreign Investment Ratio)   print
"Period prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in the main sentence of Article 13 (2) of the Act means six months from the initial date of failure to satisfy the minimum foreign investment ratio.
[This Article Newly Inserted by Ordinance of the Ministry of Trade, Industry and Energy No. 9, Jun. 10, 2013]
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 Article 7 Deleted. <by Ordinance of the Ministry of Commerce, Industry and Energy No. 57, May 29, 1999>   print
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 Article 8 Deleted. <by Ordinance of the Ministry of Commerce, Industry and Energy No. 57, May 29, 1999>   print
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 Article 9 (Applications for Exemption or Reduction of Rental Fees for Stated-Owned Property)   print
A person who intends to be granted an exemption or reduction of a rental fee for State-owned land, etc. under Article 19 (9) of the Decree shall submit two copies of an application in attached Form 11, together with the following documents, to the head of an administrative agency in charge of managing State-owned property: <Amended by Ordinance of the Ministry of Trade, Industry and Energy No. 9, Jun. 10, 2013>
1. One copy of a document verifying that he/she engages in business subject to an exemption or reduction of a rental fee under Article 13 (7) or (8) of the Act;
2. One copy of a rental contract on land, etc.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]`
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 Article 9-2 (Scope of Components and Materials)   print
"Which are determined by Ordinance of the Ministry of Trade, Industry and Energy" in Article 20-2 (2) of the Decree means the components and materials under Table 1 attached to the Enforcement Rules of the Act on Special Measures for the Promotion of Specialized Enterprises, etc. for Components and Materials. <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 9-3 (Applications for Funding)   print
A foreigner who intends to be funded under Article 14-2 of the Act shall submit an application in attached Form 11-2, together with following documents, to the Minister of Trade, Industry and Energy: <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
1. An investment plan and executive summary;
2. Financial statements of the applicant (applicable only to a corporation) (where investment is increased, including financial statements of the relevant foreign-capital-invested company);
3. Details of investment funds by procurement source and confirmation document thereof;
4. A copy of a report on foreign investment (to be submitted only where a report has been filed);
5. If any opinion related to foreign investment is received from a project manager, a statement of such opinion.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 10 (Process, etc. of Civil Affairs of Foreign-Capital-Invested Companies)   print
(1) The civil affairs to be processed directly under Table 3 attached to the Decree shall be handled in accordance with the forms prescribed in the relevant Acts and subordinate statutes.
(2) Civil affairs to be processed en bloc under Table 1 attached to the Act shall be handled as prescribed in Articles 11 through 15 and 15-2 through 15-6.
(3) Civil affairs to be processed individually under Table 2 attached to the Act, Table 5 attached to the Decree, and Table 1 attached to these Rules shall be handled in accordance with the forms prescribed in the relevant Acts and subordinate statutes.
(4) "Permission, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in subparagraph 82 of Table 5 attached to the Decree means civil affairs to be processed individually prescribed in attached Table 1. <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 11 (Applications, etc. for Approval for Establishment, etc. of Factory)   print
(1) A foreign investor or a foreign-capital-invested company (including the head of an investment support center requested to vicariously implement the civil petition under Article 17 (3) of the Act; hereafter the same shall apply in Articles 12 through 15 and 15-2 through 15-6) that intends to obtain approval for establishment, etc. of a factory under Article 13 (1) of the Industrial Cluster Development and Factory Establishment Act shall submit (referring to transfer in cases of vicarious applications by the head of an investment support center; hereinafter the same shall apply) an application in attached Form 12, together with the following documents, to the head of a competent Si/Gun/Gu. The same shall apply where it is intended to modify any matter prescribed in subparagraphs of Article 7 (1) of the Enforcement Rules of the Industrial Cluster Development and Factory Establishment Act:
1. One business plan;
2. One detailed statement of permission, etc. deemed approval for establishment, etc. of a factory under Article 17 (1) of the Act;
3. A document verifying the right to use the land and building (to be submitted only where it is intended to obtain approval for establishment, etc. of a factory by utilizing an existing building).
(2) Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu shall confirm the certified transcript of registry entry of the land or building (applicable only where it is intended to obtain approval for establishment, etc. of a factory by utilizing an existing building) by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 12 (Applications, etc. for Approval of Business Plan)   print
A foreign investor or foreign-capital-invested company that intends to obtain approval of a business plan under Article 33 of the Support for Small and Medium Enterprise Establishment Act shall submit an application in attached Form 13, together with the following documents, to the head of a Si/Gun/Gu having jurisdiction over the place where a factory is to be established. The same shall also apply where it is intended to obtain approval of modification of a business plan:
1. One business plan (to be submitted only for an application for approval);
2. One modified plan and statement of reasons for the modification (to be submitted only for an application for approval of modification);
3. One table comparing before-and-after the modification (to be submitted only for an application for approval of modification);
4. One detailed statement of permission, etc. deemed approval of a business plan under Article 17 (1) of the Act.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 13 (Applications for Building Permit)   print
(1) A foreign investor or foreign-capital-invested company that intends to obtain a building permit under Article 11 of the Building Act shall submit an application in attached Form 14, together with the following documents and specifications, to the head of the competent Si/Gun/Gu: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
1. Documents verifying the scope of the site where a building is to be constructed and the right to use such site;
2. One written prior determination (applicable only where a written prior determination on location and size of the building is received);
3. One set of design drawings and specifications (including footprint of each building);
4. One detailed statement of permission, etc. deemed approval of a building permit under Article 17 (1) of the Act.
(2) Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu shall confirm the certified transcript of registry entry of the land or building by sharing administrative information under Article 36 (1) of the Electronic Government Act. <Newly Inserted by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011; Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 14 (Applications for Permission for Installation of Discharge Facilities)   print
A foreign investor or foreign-capital-invested company that intends to obtain permission for installation of a waste water discharge facility or an air pollutant emission facility under Article 33 of the Water Quality and Aquatic Ecosystem Conservation Act or Article 23 of the Clean Air Conservation Act shall submit an application in attached Form 15, together with the following documents, to the Mayor/Do Governor delegated with the authority of the Minister of Environment under Article 81 of the Enforcement Decree of the Water Quality and Aquatic Ecosystem Conservation Act or Article 63 of the Enforcement Decree of the Clean Air Conservation Act:
1. One flow chart of production process;
2. One detailed statement of permission, etc. deemed permission for a waste water discharge facility or an air pollutant emission facility under Article 17 (1) of the Act.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15 (Applications for Use of Buildings)   print
(1) A foreign investor or foreign-capital-invested company that intends to obtain approval for the use of a building under Article 22 of the Building Act shall submit an application in attached Form 16, together with the following documents, to the head of the competent Si/Gun/Gu: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
1. One report on completion of supervision;
2. One set of architectural plans and drawings for the completed project wherein the matters the design of which has been changed is reflected (applicable only if any change is made in the drawings and specifications for a building permit);
3. One as-is floor plan (applicable only where the applicant is subject to reporting under Article 14 (1) of the Building Act);
4. Deleted; <by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
5. One detailed statement of permission, etc. deemed approval for the use of a building under Article 17 (1) of the Act.
(2) Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu shall confirm the certificate of inspection of completion of facilities using liquefied petroleum gas (applicable only where the applicant is subject to an inspection of completion of facilities using liquefied petroleum gas) by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant refuses such confirmation, he/she shall be made to append such document. <Newly Inserted by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15-2 (Applications for Approval of Tourism Complex Development Plan)   print
A foreign investor or foreign-capital-invested company that intends to obtain approval of a tourist complex development plan under Article 54 of the Tourism Promotion Act, pursuant to Article 17 (9) of the Act, shall submit an application in attached Form 16-2, together with the following documents, to the competent Mayor/Do Governor:
1. An investment plan, a management plan for tourist destinations, etc., and a plan for tourism facilities including the following matters:
(a) A land use plan classified into public convenience, lodging, commercial, sports, amusement, resort, and cultural and other facility zones;
(b) A plan for installation of facilities wherein the quantity of facilities, total floor area and the number of floors in each building, etc. are indicated (they shall be indicated on a cadastral map, the scale of which is between 1/500 and 1/6,000);
(c) A landscape plan including landscaping facilities, landscaping structures and landscaping planting plans;
(d) A plan for installation of electricity, communications, water supply and drainage;
2. A land report wherein a lot number, land category, land registration, owner and area of land are indicated;
3. An aerial view;
4. A document verifying the ownership of, or the right to use, the land to be developed (where at least 2/3 of private land out of the relevant land is acquired, a document verifying the ownership of the acquired land);
5. A detailed statement of permission, etc. deemed approval of a plan for development of a tourism complex under Article 17 (1) of the Act.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15-3 (Applications for Registration of Tourism Business)   print
(1) A foreign investor or foreign-capital-invested company that intends to have a tourism business registered under Article 4 (2) of the Tourism Promotion Act, pursuant to Article 17 (9) of the Act, shall submit an application for registration of tourism business in attached Form 16-3, together with the following documents, to the competent Mayor/Do Governor: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
2. A document verifying that the applicant does not fall under Article 7 (1) 1 or 2 of the Tourism Promotion Act, issued by the government or any other authorized agency of the relevant country, or a statement of the applicant authenticated by a notary public and confirmed by a consulate of a diplomatic mission of the Republic of Korea in the relevant country under the Act on Notarial Acts Done at Overseas Diplomatic and Consular Missions;
3. A document verifying the right to use the real estate (in cases of family hotel business or resort condominium business, the certificate of purchase of a guarantee insurance policy under the proviso to Article 24 (1) 2 of the Enforcement Decree of the Tourism Promotion Act shall also be submitted, if any mortgage or security right is created on any such real estate);
4. A detailed statement of permission, etc. deemed registration of tourism business under Article 17 (1) of the Act;
5. In cases of travel business or international conference planning business, a balance sheet as at the time the application for registration is filed, confirmed by the head of the competent tax office or a certified public accountant (in cases of an individual, a statement on the value of business-purpose assets and evidentiary documents);
6. In cases of tourist accommodation business, tourist-use facility business or international conference facility business, the following documents (where no amendment is made to the approved contents of a business plan, any document related thereto among those referred to in subparagraphs 1 through 4 shall not be submitted):
(a) Where a report is made to the competent authority or any authorization, permission, etc. is obtained under other Acts and subordinate statutes for the purpose of operating any incidental business included in a business plan approved under Article 15 of the Tourism Promotion Act, each document verifying such reporting, authorization, permission, etc. (excluding matters falling under subparagraph 5);
(b) A floor plan and a layout plan of facilities;
(c) In cases of tourist accommodation business, a statement by facility in Form 2 attached to the Enforcement Rules of the Tourism Promotion Act;
(d) In cases of specialized resort business or general resort complex business, a statement by facility in Form 3 attached to the Enforcement Rules of the Tourism Promotion Act;
(e) In cases of international conference facility business, a statement by facility in Form 4 attached to the Enforcement Rules of the Tourism Promotion Act.
(2) Upon receipt of an application under paragraph (1), a Mayor/Do Governor shall confirm the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011; Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012>
1. A certificate of corporate registration (applicable only to a corporation);
2. Each certificate of registered matters of land and building owned by the applicant.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15-4 (Applications for Approval of Business Plan for Registered Sports Facility Business)   print
(1) A foreign investor or foreign-capital-invested company that intends to obtain approval of a business plan for registered sports facility business under Article 12 of the Installation and Utilization of Sports Facilities Act, pursuant to Article 17 (9) of the Act, shall submit an application in attached Form 16-4, together with following documents, to the head of the competent Si/Gun/Gu:
1. Total site area and a land use plan;
2. A statement of land;
3. Documents verifying the right to use real estate, such as a real estate lease contract (to be submitted only where the real estate is owned by a third person);
4. Area of each floor and details of facilities of each building;
5. A construction plan and methods of financing the required funds;
6. Plans for installation of major facilities, equipment, furniture, etc.;
7. An operation plan (such as arrangement of physical directors and purchase of insurance);
8. A detailed statement of permission, etc. deemed approval of a business plan under Article 17 (1) of the Act.
(2) Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu shall confirm the following documents by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
1. A certificate of corporate registration (applicable only to a corporation);
2. A certified transcript of registry entry of the real estate.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15-5 (Applications for Approval for Execution of Development Projects of Juju Free International City)   print
A foreign investor or foreign-capital-invested company that intends to obtain approval for execution of a development project under Article 229 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, pursuant to Article 17 (9) of the Act, shall submit an application in attached Form 16-5, together with the following documents, to the Governor of Jeju Special Self-Governing Province:
1. A project plan;
2. A basic survey report (to be submitted only for a project subject to basic survey);
3. A consolidated impact assessment (to be submitted only for a project subject to consolidated impact assessment);
4. A location map of the zone where development of a project is to be executed (basic map of 1/25,000 scale) and a map showing present status of the vicinity;
5. A detailed statement of ownership, etc. of the land, buildings, or goods attached to the land, and a detailed statement of interested persons;
6. Plans for landscaping and recovery of the damaged area;
7. Management plans for State-owned land, public land or other public facilities;
8. A support plan for land sellers;
9. An employment plan by field;
10. A detailed statement of permission, etc. deemed approval for execution of a development project under Article 17 (1) of the Act.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 15-6 (Applications for Registration of Factories)   print
(1) A foreign investor or foreign-capital-invested company that intends to apply for registration of a factory under Article 16 of the Industrial Cluster Development and Factory Establishment Act, pursuant to Article 17 (9) of the Act, shall submit an application in attached Form 16-6, together with the following documents, to the head of the competent Si/Gun/Gu or a management agency defined in subparagraph 17 of Article 2 of the same Act:
1. A business plan (to be submitted only for an application for registration);
2. In cases of applications for modification of registration, documents verifying the modified matters (where a registered factory is acquired or rent, including the documents verifying such fact);
3. A detailed statement of permission, etc. deemed registration of a factory under Article 17 (1) of the Act.
(2) Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu or the head of a management agency shall confirm the certified transcript of building registry entry of the factory building (applicably only to registration of a factory building) by sharing administrative information under Article 36 (1) of the Electronic Government Act: <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011; Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 16 (Materials about Environmental Review)   print
"Materials about environmental review that are prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in Article 25 (6) 2 (i) of the Decree means the material prescribed in Article 7 (2) 5 of the Enforcement Decree of the Industrial Sites and Development Act. <Amended by Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010; Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 17 (Applications for Registration of Foreign-Capital-Invested Company)   print
(1) A person who intends to have a foreign-capital-invested company registered under Article 21 (1) or (2) of the Act shall submit an application (including an application in electronic form) in attached Form 17, together with following documents (including those in electronic form), to the head of an entrusted agency: <Amended by Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010; Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012>
1. One copy of a certificate of purchase of foreign currency or a certificate of foreign currency deposit (in cases of an individual business entity, a certificate of receipt of payment in its trade name) whereby the remitter can be verified [applicable only to cases other than investment in kind (including cases of contribution in kind; hereinafter the same shall apply); and where a foreign investor does not directly remit or bring in the foreign currency in person, documents verifying that it has been remitted or brought in on his/her behalf shall be appended];
2. One copy of a certificate of completion of investment in kind (to be submitted only where capital goods are invested);
3. One copy of a report on investigation prepared by an inspector or the outcomes of appraisal conducted by an appraiser under Article 422 of the Commercial Act (to be submitted only where stocks, bonds, or domestic real estate are invested);
4. One copy of each of the following documents of a company that intends to be registered as a foreign-capital-invested company:
(a) A certificate of corporate registration (in cases of acquisition of existing stocks, etc. under Article 6 (1) of the Act, a stockholders' list or documents verifying the transfer and acquisition of stocks);
(b) A copy of a certificate of business registration or a certificate of unique number;
(c) Outlines of research projects, present status of human resources exclusively engaged in research, and a detailed statement of research facilities (to be submitted only in cases falling under Article 2 (1) 4 (c) of the Act).
(2) A person who intends to alter a registration of a foreign-capital-invested company under Article 21 (1) of the Act or Article 27 (2) of the Decree shall submit an application in attached Form 17, together with the following documents, to the head of an entrusted agency:
1. A document verifying the changed details;
2. The original copy of the certificate of registration of the foreign-capital-invested company.
(3) If a person who has applied for registration or altered registration under paragraph (1) or (2) meets requirements for registration, the head of an entrusted agency shall issue a certificate of registration of the foreign-capital-invested company in attached Form 18.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 17-2 (Applications for Cancellation of Registration of Foreign-Capital-Invested Company)   print
(1) A person who intends to apply for cancellation of the registration of a foreign-capital-invested company under Article 28 (1) of the Decree shall submit two copies of an application in attached Form 18-2 (including one in English), together with the following documents, to the head of an entrusted agency:
1. A document verifying the reason for cancellation of registration;
2. The original copy of the certificate of registration of the foreign-capital-invested company.
(2) If an application for cancellation of registration under paragraph (1) is appropriate, the head of an entrusted agency shall cancel the registration of the foreign-capital-invested company and issue a certificate of cancellation of registration of the foreign-capital-invested company in attached Form 18-2.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 18 (Reporting on Disposal of Capital Goods)   print
A person who intends to report on disposal of capital goods under Article 22 (1) of the Act shall submit two copies of a report in attached Form 19 to the head of an entrusted agency.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 19 (Examination of Projects, etc. other than Business)   print
(1) Where necessary for examination under Article 29 (3) of the Decree whether a foreign-capital-invested company has violated Article 22 (3) or (4) of the Act, the Commissioner of the National Tax Service may have the relevant foreign-capital-invested company submit a report in attached Form 20 at the time it files a report of tax base under Article 60 of the Corporate Tax Act or Article 70 of the Income Tax Act, pursuant to Article 40 (1) 4 of the Decree.
(2) Where necessary for examination under Article 29 (3) of the Decree whether a foreign-capital-invested company has violated Article 22 (1) of the Act, the Commissioner of the Korea Customs Service may have the relevant foreign-capital-invested company submit a report in attached Form 21 pursuant to Article 40 (1) 4 of the Decree.
(3) Upon receipt of a report under paragraph (2), the Commissioner of the Korea Customs Service shall confirm the certificate of completion of reporting on importation of capital goods by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant refuses such confirmation to be made by the competent public official, he/she shall be made to append such document. <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 20 (Reporting on Transfer, etc. of Stocks, etc.)   print
A person who intends to report on transfer or reduction of stocks, etc. under Article 23 (1) of the Act shall submit two copies of a report in attached Form 22 (including one in English), together with the following documents, to the head of an entrusted agency:
1. One copy of each document verifying the transfer or reduction;
2. A document verifying the nationality of the transferee (excluding where the transferee is a foreigner who is a foreign investor of the relevant company defined in Article 2 (1) 5 of the Act).
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 21 (Prohibition on Public Disclosure of Confidential Business Information Related to Foreign Investment)   print
No public official who collects and prepares data, statistics, etc. related to foreign investment under Article 24 (3) of the Act shall disclose any data prescribed by the Minister of Trade, Industry and Energy as important matters related to confidential business information of a foreign-capital-invested company. <Amended by Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 23, 2013>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 22 (Reporting, etc. on Licensing Agreements)   print
(1) A person who intends to report on a licensing agreement or any modification thereof under Article 25 (1) of the Act shall submit two copies of a report in attached Form 23, together with the licensing agreement, to the Minister having jurisdiction over the business for which the relevant technology is imported. In such cases, a report on modification shall be filed before the period of licensing agreement expires.
(2) Upon receipt of an application for extension of effective period of a licensing agreement under Article 25 (3) of the Act, the competent Minister shall decide on whether to approve it and notify the applicant of the result thereof within three days.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 23 (Applications for Examination and Confirmation of Capital Goods Introduced)   print
A person who intends to apply for an examination and confirmation of a statement of goods introduced, pursuant to Article 38 (2) of the Decree, shall submit three copies of an application in attached Form 24, together with documents verifying the prices thereof, such as an affirmation document of sale of goods, to the head of an entrusted agency.
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 24 (Applications for Confirmation of Completion of Investment in Kind)   print
(1) A person who intends to receive confirmation of completion of an investment in kind under Article 30 (3) of the Act shall submit two copies of an application in attached Form 25 to the Commissioner of the Korea Customs Service.
(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korea Customs Service shall confirm the relevant certificate of completion of importation report: Provided, That if the applicant refuses such confirmation to be made by the competent public official, he/she shall be made to append such document. <Amended by Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
[This Article Wholly Amended by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009]
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 Article 25 Deleted. <by Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009>   print
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on November 17, 1998.
(2) (Repeal of other Acts and Subordinate Statutes) The Enforcement Rules of the Foreign Investment and Foreign Capital Inducement Act are hereby repealed.
ADDENDUM <Ordinance of the Ministry of Finance and Economy No. 54, Dec. 10, 1998>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 57, May 29, 1999>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 120, Mar. 10, 2001>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 149, Jan. 2, 2002>
These Rules shall enter into force on the date of their promulgation.
ADDENDA <Ordinance of the Ministry of Commerce, Industry and Energy No. 128, Aug. 17, 2002>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Ordinance of the Ministry of Commerce, Industry and Energy No. 207, Jul. 19, 2003>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Ordinance of the Ministry of Commerce, Industry and Energy No. 231, Apr. 20, 2004>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Article 2 (Applicability to Reporting, etc. on Foreign Investment, etc.)
The amended provisions of Articles 2 (1) and (2), 3, 4, and 5 (2) and (3) shall begin to apply to the first person who files a report on foreign investment, application for permission, or report on acquisition of stocks, etc. after these Rules enter into force.
Article 3 (Applicability to Applications, etc. for Approval for Establishment, etc. of Factories)
The amended provisions of Articles 11 through 15 shall begin to apply to the first foreign investor or foreign-capital-invested company that files an application, etc. for approval for establishment, etc. of a factory after these Rules enter into force.
Article 4 (Applicability to Applications for Registration of Foreign-Capital-Invested Company)
The amended provisions of Article 17 shall begin to apply to the first person who files an application for registration of a foreign-capital-invested company after these Rules enter into force.
Article 5 (Applicability to Reporting on Transfer, etc. of Stocks, etc.)
The amended provisions of Article 20 shall begin to apply to the first person who reports on the transfer or reduction of stocks, etc. after these Rules enter into force.
Article 6 (Transitional Measures concerning Forms)
Forms under the former provisions as at the time these Rules enter into force may be used together with the forms under these Rules until June 30, 2004.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 254, Feb. 2, 2005>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 269, Apr. 8, 2005>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 369, Oct. 4, 2006>
These Rules shall enter into force on the date of their promulgation.
ADDENDUM <Ordinance of the Ministry of Commerce, Industry and Energy No. 427, Oct. 26, 2007>
These Rules shall enter into force on the date of their promulgation.
ADDENDA <Ordinance of the Ministry of Knowledge Economy No. 1, Mar. 3, 2008>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Ordinance of the Ministry of Knowledge Economy No. 89, Jul. 31, 2009>
Article 1 (Enforcement Date)
These Rules shall enter into force on July 31, 2009.
Article 2 (Transitional Measures concerning Forms)
Forms used as at the time these Rules enter into force after being prepared under the former provisions shall continue to be used: Provided, That the columns amended by these Rules shall be updated for use.
ADDENDA <Ordinance of the Ministry of Knowledge Economy No. 150, Oct. 6, 2010>
Article 1 (Enforcement Date)
These Rules shall enter into force on October 6, 2010.
Article 2 (Transitional Measures concerning Forms)
Forms used as at the time these Rules enter into force after being prepared under the former provisions shall continue to be used: Provided, That the columns amended by these Rules shall be updated for use.
ADDENDA <Ordinance of the Ministry of Knowledge Economy No. 207, Oct. 19, 2011>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Article 2 (Transitional Measures concerning Amendment of Forms)
Forms used as at the time these Rules enter into force after being prepared under the former provisions shall continue to be used: Provided, That the columns amended by these Rules shall be updated for use.
ADDENDA <Ordinance of the Ministry of Knowledge Economy No. 271, Oct. 5, 2012>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Article 2 (Transitional Measures concerning Amendment of Forms)
Forms used as at the time these Rules enter into force after being prepared under the former provisions shall continue to be used: Provided, That the columns amended by these Rules shall be updated for use.
ADDENDA <Ordinance of the Ministry of Trade, Industry and Energy No. 1, Mar. 23, 2013>
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Ordinance of the Ministry of Trade, Industry and Energy No. 9, Jun. 10, 2013>
These Rules shall enter into force on the date of their promulgation: Provided, That the amended provisions of Article 6 shall enter into force on June 12, 2013.