Intellient Robots Development And Distribution Promotion Act


Published: 2012-01-26

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to enhancingthe quality of life of citizens and the national economy by establishing and promoting a policy for the sustainable development of the intelligent robot industry to facilitate the development and distribution of intelligent robots and lay down the foundation therefor.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "intelligent robot" means a mechanical device that perceives the external environment for itself, discerns circumstances, and moves voluntarily;
2. The term "charter on intelligent robot ethics" means the code of conduct established for persons involved in the development, manufacture, and use of intelligent robots in order to prevent various kinds of harmful or adverse effects that may arise from the development of functions and intelligence of intelligent robots, such as destruction of social order and to cause intelligent robots to contribute to enhancing the livelihood of human beings;
3. The term "intelligent robot investment company" means a company incorporated for the purposes of operating its assets and distributing earnings therefrom to its shareholders in accordance with Article 28;
4. The term "robotland" means an area designated and developed pursuant to Article 30, in which facilities for the utilization of various kinds of intelligent robots and other auxiliary facilities are installed for the development and distribution of intelligent robots.
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 Article 3 (Responsibilities of State and Local Governments)   print
The State and each local government shall secure the budget necessary for facilitating the development and distribution of intelligent robots, and establish and implement comprehensive and effective policies therefor.
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 Article 4 (Relations to other Acts)   print
Except where otherwise provided expressly by other Acts, the development and distribution of intelligent robots shall be governed by this Act.
CHAPTER II BASIC PLAN FOR DEVELOPMENT OF INTELLIGENT ROBOTS
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 Article 5 (Establishment of Basic Plans, etc.)   print
(1) The Government shall establish a basic plan every five years (hereinafter referred to as "basic plan") in order to achieve the purposes of this Act for the development and distribution of intelligent robots in an efficient manner.
(2) Each basic plan shall include the following matters:
1. The basic direction of the development and distribution of intelligent robots;
2. Medium- and long-term goals of the development and distribution of intelligent robots;
3. Matters concerning the development of intelligent robots, the promotion of science related thereto, and the establishment of the foundation therefor;
4. Matters concerning the construction of infrastructure facilities necessary for the development and distribution of intelligent robots;
5. Matters concerning the practice of the charter on intelligent robot ethics;
6. Matters concerning the direction of projects of central administrative agencies for intelligent robots;
7. Other necessary matters concerning the development and distribution of intelligent robots.
(3) The head of each appropriate central administrative agency shall annually establish and implement an implementation plan to develop and distribute intelligent robots and to establish the foundation therefor (hereinafter referred to as "implementation plan") within the scope of the affairs under his/her jurisdiction in conformity with the basic plan.
(4) Matters necessary for the establishment and implementation of, and revision to, basic plans and implementation plans shall be prescribed by Presidential Decree.
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 Article 5-2 (Policy Council for Robot Industry)   print
(1) In order to consult on the necessary matters concerning policies for development and distribution of intelligent robots with the relevantcentral administrative agencies, etc., a policy council for robot industry (hereafter referred to as the "policy council" in this Act) shall be established in the Ministry of Knowledge Economy.
(2) Organization and operation of the policy council and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10955, Jul. 25, 2011]
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 Article 6 (Financial Support, etc.)   print
(1) The Government shall endeavor to secure funds necessary for promoting basic plans and implementation plans effectively.
(2) Any institution specified by Presidential Decree from among the following institutions related to the intelligent robot industry may provide contributions or loans or provide any other administrative support, as necessary, to a person who undertakes any project to develop and distribute intelligent robots or carries out any business affair related thereto:
1. A public institution referred to in Article 4 of the Act on the Management of Public Institutions;
2. Any other institution part of whose capital has been contributed by the Government.
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 Article 7 (Industrial Statistics and Fact-Finding Surveys)   print
(1) The Government shall establish a system for the classification of the intelligent robot industry and secure industrial statistics in accordance with the classification system for the efficient development, distribution, and diffusion of technology for intelligent robots. In such cases, the Statistics Act shall apply mutatis mutandis to the preparation of such industrial statistics.
(2) The Minister of Knowledge Economy shall conduct fact-finding surveys on the intelligent robot industry comprehensively every year in order to effectively establish and implement policies on the intelligent robot industry and secure industrial statistics under paragraph (1).
(3) The Minister of Knowledge Economy may, if necessary for fact-finding surveys under paragraph (2), request any business operator involved in intelligent robots or any legal entity or organization involved in intelligent robots to submit data or make a statement on his/her opinion. In such cases, any business operator involved in intelligent robots or any legal entity or organization involved in intelligent robots shall, upon receiving a request to submit data or make a statement on his/her opinion, comply with such request, unless any special ground exists to the contrary.
(4) Necessary matters concerning the scope of targets of the industrial statistics under paragraph (1) and the targets of fact-finding surveys under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 8 (Facilitation of International Cooperation)   print
(1) The Government shall prepare a policy to facilitate international cooperation with international organizations or foreign governments, enterprises, universities, research institutes, and other institutions and organizations for the development and distribution of intelligent robots.
(2) The Minister of Knowledge Economy may promote the following activities to facilitate international cooperation under paragraph (1):
1. Surveys and research for international cooperation;
2. International exchange of human resources and information;
3. Holding exhibitions and scientific conferences;
4. Activities for the international standardization under the Industrial Standardization Act;
5. Overseas marketing activities, inducement of foreign investments, and public relations activities;
6. Invitation of foreign institutions or organizations related to international conferences to the Republic of Korea;
7. Other activities deemed necessary for the facilitation of international cooperation.
(3) The Minister of Knowledge Economy may provide administrative support, etc. to any enterprise, university, research institute, or any other institution or organization that undertakes the business activities under paragraph (2), as necessary.
CHAPTER III FACILITATION OF DISTRIBUTION OF INTELLIGENT ROBOTS
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 Article 9 (Quality Certification of Intelligent Robots, etc.)   print
(1) The Minister of Knowledge Economy may authorize a certifying institution designated to secure the quality of intelligent robots and facilitate the distribution and dissemination of intelligent robots (hereinafter referred to as the "certifying institution") to undertake the certification of the quality of intelligent robots (hereinafter referred to as "certification").
(2) The Minister of Knowledge Economy may formulate a policy on support necessary for the distribution and dissemination of certified products and may request public institutions specified by Presidential Decree to purchase certified products.
(3) Necessary matters concerning the designation, cancellation of designation, operation of a certifying institution, the procedure for certification and the items subject to certification, criteria for certification, the procedure for application for certification, and other relevant matters shall be prescribed by Presidential Decree.
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 Article 10 (Public Notification of Certified Intelligent Robots, etc.)   print
(1) Any certifying institution shall publicly notify the product names of certified intelligent robots, the names of manufacturers or the location of factory or place of business, and other necessary matters.
(2) Any certifying institution may, if necessary for ensuring that certified intelligent robots maintain product quality conforming to certification, enter the factory or place of business of the manufacturer of certified intelligent robots or any other place, as necessary, to conduct inspections.
(3) Any person who has access to conduct an inspection under paragraph (2) shall carry an identification card certifying his/her authority and present it to interested parties.
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 Article 11 (Certification Mark)   print
(1) Any person who has been certified pursuant to Article 9 (1) may place a certification mark on relevant intelligent robots, packing, andpromotional material therefor to represent that such products are certified.
(2) No manufacturer of intelligent robots which has not been certified pursuant to Article 9 (1) shall place any mark, representing that such products are certified, on any intelligent robot or packing, etc. therefor or place any mark similar thereto or engage in promotional activities.
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 Article 12 (Order to Remove Marks, etc.)   print
(1) If any intelligent robot with the certification mark placed thereon fails to conform to the certification standards or any correctible defect is discovered from such product as a result of an inspection conducted under Article 10 (2), any certifying institution may order any manufacturer of certified intelligent robots to remove the mark, suspend placing themark, suspend sales, or take any other measures necessary.
(2) Any person in receipt of anordered to remove a mark pursuant to paragraph (1) shall report to the certifying institution on the results of corrective measures that he/she has taken within 30 days after notification of the disposition.
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 Article 13 (Cancellation of Quality Certification)   print
Any certifying institution may, if any manufacturer of certified intelligent robots falls under any of the following subparagraphs, cancel such certification: Provided, That such certification shall be cancelled without exception if such manufacturer falls under subparagraph 1:
1. If any manufacturer obtained certification by deceit or other fraudulent means;
2. If the results of an inspection conductedunder Article 10 (2) reveal that such products clearly fail to conform to the certification standards;
3. If any manufacturer fails to comply with an order to remove the mark under Article 12 without any justifiable ground.
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 Article 14 (Operation of Quality Assurance Business)   print
(1) Any of the following persons may operate a business for the purpose of insuring damage inflicted on consumers by certified intelligent robots (hereinafter referred to as "quality assurance business"): <Amended by Act No. 10228, Apr. 5, 2010>
1. A capital goods mutual aid association establishedunder Article 40 (1) 1 of the Industrial Development Act (hereinafter referred to as "capital goods mutual aid association");
2. An insurance company defined insubparagraph 5 of Article 2 of the Insurance Business Act;
3. The Korea Trade Insurance Corporation established under Article 37 of the Trade Insurance Act;
4. A business operators' association established under Article 38 (1) of the Industrial Development Act and designated by the Minister of Knowledge Economy.
(2) Any person engaging in a quality assurance business (hereinafter referred to as "quality assurance business operator") may, if deemed necessary for the operation of the business, request a certifying institution to provide him/her with data relevant to certification. In such cases, the certifying institution shall comply with such request, unless any justifiable reason exists otherwise.
(3) The coverage of insurance of the quality assurance business, the operation of such business, and other necessary matters shall be prescribed by Presidential Decree.
(4) The Minister of Knowledge Economy may, if a dispute arises in connection with the operation of the quality assurance business between quality assurance business operators, insured persons, certifying institutions, and any other interested parties, initiate conciliation as necessary for the settlement of such dispute.
(5) Conciliation of disputes under paragraph (4) may be assigned to the Committee for the Conciliation of Financial Disputes under Article 51 of the Act on the Establishment, etc. of Financial Services Commission or an incorporated association designated by the Minister of Knowledge Economy pursuant to Article 40 of the Arbitration Act, as prescribed by Presidential Decree.
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 Article 15 (Measures for Soundness of Quality Assurance Business)   print
The Minister of Knowledge Economy may, if deemed necessary for securing the soundness of the quality assurance business, prescribe the method of raising funds for the operation of quality assurance business by a capital goods mutual-aid association or a business operators' association under Article 14 (1) 4 and the guidelines for the operation and may require them to take measures necessary for securing the soundness and stability of the operating funds.
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 Article 16 (Subsidization by Government)   print
(1) The Government may grant subsidies for the funds required in carrying out the certification of intelligent robots with budget.
(2) Necessary matters concerning the payment, use, and management of the subsidies under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
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 Article 17 (Facilitation of Distribution of Intelligent Robots to Socially Disadvantaged People)   print
The Government shall prepare measures necessary for facilitating the development and distribution of intelligent robots to improve convenience in using intelligent robots so that socially disadvantaged people, such as the disabled, the elderly, and low-income earners, can enjoy opportunities for and benefits from free use of such robots.
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 Article 18 (Enactment of Charter on Intelligent Robot Ethics, etc.)   print
(1) The Government may enact and promulgate the charter on intelligent robot ethics (hereinafter referred to as the "Charter"), including the provisions prescribed by Presidential Decrees, such as ethics by which the developers, manufacturers, and users of intelligent robots shall abide.
(2) The Government shall prepare measures necessary for the spread and dissemination of the Charter, as prescribed by Presidential Decree.
(3) The head of any appropriate central administrative agency may, if necessary for the efficient operation of the charter, request the head of another central administrative agency to furnish him/her with relevant data or to cooperate with him/her in any other necessary matter.
(4) The procedure for the enactment and amendment of the charter, the public relations activities for the charter, and other necessary matters shall be prescribed by Presidential Decree.
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 Article 19 (Public Relations Activities for Intelligent Robots)   print
The State or each local government may request organizations related to intelligent robots to conduct public relations activities necessary for expanding the distribution of intelligent robots.
CHAPTER IV INTELLIGENT ROBOT INVESTMENT COMPANIES
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 Article 20 (Establishment of Intelligent Robot Investment Companies, etc.)   print
(1) Each intelligent robot investment company shall be deemed an investment company under the Financial Investment Services and Capital Markets Act. <Amended by Act No. 11236, Jan. 26, 2012>
(2) Each intelligent robot investment company shall be a closed-end fund under Article 230 (1) of the Financial Investment Services and Capital Markets Act. <Amended by Act No. 11236, Jan. 26, 2012>
(3) Intelligent robot investment companies shall be governed by the Financial Investment Services and Capital Markets Act,except as otherwise expressly provided by this Act. <Amended by Act No. 11236, Jan. 26, 2012>
(4) No one, other than intelligent robot investment companies under this Act, shall use the words "intelligent robot investment company" or any similar words in its name.
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 Article 21 (Business Eligible for Investment)   print
The intelligent robot business in which an intelligent robot investment company may invest shall be the business specified by Presidential Decree, such as the development and distribution of finished products or parts of intelligent robots and technology therefor.
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 Article 22 (Consultation about Registration of Intelligent Robot Investment Companies)   print
When the Financial Services Commission intends to register any intelligent robot investment company pursuant to Article 82 of the Financial Investment Services and Capital Markets Act, it shall consult in advance with the Minister of Knowledge Economy, as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012>
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 Article 23 (Duration of Continuance)   print
(1) The duration of continuance of each intelligent robot investment company shall be stipulated by the articles of incorporation of the relevant intelligent robot investment company within the maximum of ten years from the date of registration of the intelligent robot investment company pursuant to Article 182 of the Financial Investment Services and Capital Markets Act: Provided, That if it is necessary to extend the duration of continuance due to the continuance of the intelligent robot business or for any other reason, any intelligent robot investment company may extend the duration of continuance within the maximum of a further ten years beginning from the end of the initial duration of continuance, subject to approval of the Financial Services Commission. <Amended by Act No. 11236, Jan. 26, 2012>
(2) When the Financial Services Commission intends to approve the extension of the duration of continuance pursuant to the proviso to paragraph (1), it shall consult in advance with the Minister of Knowledge Economy.
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 Article 24 (Submission of Business Reports)   print
Each intelligent robot investment company shall submit business reports on the property of the intelligent robot investment company to the Minister of Knowledge Economy and the Financial Services Commission, as prescribed by Presidential Decree.
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 Article 25 (Supervision over and Inspection of Intelligent Robot Investment Companies, etc.)   print
(1) The Minister of Knowledge Economy may demand any of the following persons to submit data or a report on the business and property of relevant intelligent robot investment company in connection with the business of the intelligent robot investment company, while the Financial Services Commission may make such demand to any person referred to in subparagraphs 1 and 2:
1. An intelligent robot investment company;
2. The asset management company, the asset custodian company, or the general administration company for an intelligent robot investment company;
3. An intelligent robot enterprise to which an intelligent robot investment company has provided financial support;
4. Any other institution specified by Ordinance of the Ministry of Knowledge Economy.
(2) The Minister of Knowledge Economy may, if necessary in connection with financial supervision, request the Financial Services Commission to conduct an inspection on the business and property of any person referred to in paragraph (1) 1 and 2 (limited to the business and property related to an intelligent robot investment company in cases of paragraph (1) 2; hereafter the same shall apply in this paragraph). In such cases, the Financial Services Commission may, if deemed necessary for financial supervision, assign its employees or the Governor of the Financial Supervisory Service under Article 29 of the Act on the Establishment, etc. of Financial Services Commission to conduct an inspection on the business and property of persons falling under any subparagraph of paragraph (1).
(3) The Financial Services Commission shall, upon completion of an inspection pursuant to paragraph (2), notify the Minister of Knowledge Economy of the results thereof without delay.
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 Article 26 (Special Exceptions for Asset Management Companies)   print
(1) Any collective investment business entity established pursuant to the Financial Investment Services and Capital Markets Act (hereafter referred to as "collective investment business entity" in this Article) may manage assets of an intelligent robot investment company. <Amended by Act No. 11236, Jan. 26, 2012>
(2) Notwithstanding the first sentence of the main body of Article 42 (4) of the Financial Investment Services and Capital Markets Act, any collective investment business entity may execute an agreement on advice or entrustment with a person who has expertise in the intelligent robot business specified by Presidential Decree to the extent not conflicting with interests of investors of an intelligent robot investment company to seek advice of the person or entrust the person with a part of the asset management business for the intelligent robot investment company with regard to the intelligent robot business, as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012>
(3) Any collective investment business entity that manages the property of an intelligent robot investment company may receive compensation or fees contingent on the results of the management, as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012>
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 Article 27 (Insurance Business against Investment Risks)   print
(1) The Minister of Knowledge Economy may authorize any institution specified by Presidential Decree (hereafter referred to as "insurance institution against investment risks" in this Article) to operate a business for receiving money from an intelligent robot investment company in return for an undertaking to compensate the intelligent robot investment company for a certain amount of losses that such company may sustain in the course of investment in any business activity under any subparagraph of Article 28 (1) for the protection of investors (hereafter referred to as "insurance business against investment risks" in this Article).
(2) Each intelligent robot investment company shall execute an agreement with an insurance institution against investment risks on receiving money from the institution in return for an undertaking to compensate the company for a certain amount of losses, as prescribed by Presidential Decree, for the protection of investors.
(3) Further details of the operation method of the insurance business against investment risks shall be prescribed by Presidential Decree.
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 Article 28 (Method of Asset Management)   print
(1) Each intelligent robot investment company shall use an amount equivalent to or more than 50/100 of its capital for any of the following purposes: Provided, That an amount equivalent to or more than 10/100 of its capital shall be used for the purposes prescribed insubparagraph 1:
1. Any business specified by Presidential Decree, such as investment in the development of intelligent robots;
2. Acquisition of equities, stocks or shares of, or beneficial rights or loans to, any intelligent robot enterprise specified by Presidential Decree in connection with the intelligent robot business;
3. Acquisition of equities, stocks or shares of, or beneficial rights or loans to, any company whose only purpose of business is to invest in the intelligent robot business;
4. Investment in stocks or equities of a foreign intelligent robot enterprise, at least 50/100 of the sales of which comes from the development, production, or sales of intelligent robots in order to participate in the management of the enterprise;
5. Any other investment approved by the Minister of Knowledge Economy as necessary for the intelligent robot business.
(2) Each intelligent robot investment company shall, if it has any residual assets after appropriating its capital for the purposes prescribed inany subparagraph of paragraph (1), manage the residual asset by any of the following methods: <Amended by Act No. 11236, Jan. 26, 2012>
1. Short-term loans;
2. Deposits in financial institutions;
3. Purchases of State or public bonds.
(3) Other necessary matters concerning the asset management of intelligent robot investment companies shall be prescribed by Presidential Decree.
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 Article 29 (Borrowing Loans, etc.)   print
(1) Each intelligent robot investment company may borrow loans, provide its assets as security, or guarantee performance of obligations in any of the following cases: Provided, That such action for any case falling under subparagraph 1 shall require approval by a general meeting of shareholders:
1. If its fund for operating expenses is deficient;
2. If its fund for an activity under any subparagraph of Article 28 (1) is deficient.
(2) The sum of the loans obtained under paragraph (1), the assets provided as security, and guaranties provided for performance of obligations shall not exceed an amount calculated by the rate prescribed by Presidential Decree within the maximum of 30/100 of the capital of each intelligent robot investment company.
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 Article 29-2 (Tax Reduction or Exemption)   print
In order to promote private investment in the intelligent robot industry, the State or local governments may reduce or exempt tax as prescribed by the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act.
[This Article Newly Inserted by Act No. 11236, Jan. 26, 2012]
CHAPTER V CREATION OF ROBOTLAND, ETC.
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 Article 30 (Designation of Robotland, etc.)   print
(1) An area for the creation of a robotland shall be designated by the Minister of Knowledge Economy at a request of the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor), as prescribed by Presidential Decree. <Amended by Act No. 11236, Jan. 26, 2012>
(2) When the Minister of Knowledge Economy intends to designate an area for the creation of a robotland pursuant to paragraph (1), he/she shall consult in advance with heads of appropriate central administrative agencies.
(3) The cancellation of designation of the area for the creation of a robotland or an alteration to such area shall be made in compliance with the procedure for the designation of the area for the creation of a robotland. In such cases, the consultation under paragraph (2) may be waived for any minor modification specified by Presidential Decree to such area.
(4) The Minister of Knowledge Economy shall, when he/she designates an area, cancels such designation, or alters the area pursuant to paragraph (1) or (3), publicly notify thereof.
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 Article 31 (Approval for Implementation Plan for Creation, etc.)   print
(1) Any person falling under any of the following subparagraphs may create a robotland in an area designated pursuant to Article 30 (1):
1. The competent Mayor/Do Governor;
2. A public agency specified by Ordinance of the Ministry of Knowledge Economy.
(2) Any person who intends to create a robotland pursuant to paragraph (1) shall prepare an implementation plan for creation, including the facilities specified by Presidential Decree therein, such as exhibition halls for robots, for approval of the Minister of Knowledge Economy. In such cases, if any person whose implementation plan for creation has obtained approval (hereinafter referred to as "project implementer") intends to revise the implementation plan for creation shall also obtain approval of the Minister of Knowledge Economy therefor, except for any insignificant modification specified by Presidential Decree.
(3) The Minister of Knowledge Economy shall, when he/she intends to grant approval or amended approval for an implementation plan for creation pursuant to paragraph (2), consult with heads of appropriate central administrative agencies.
(4) The Minister of Knowledge Economy shall, when he/she approves an implementation plan for creation pursuant to paragraph (2), publicly notify the implementation plan for creation without delay.
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 Article 32 (Invalidation of Designation of Area for creation of Robotland, etc.)   print
(1) If no application for approval of the implementation plan for creation under Article 31 (2) is filed for an area designated and publicly notified as an area for the creation of a robotland pursuant to Article 30 within two years from the date of such public notification, the designation of the area for the creation of the robotland shall become invalid on the day immediately following the second anniversary of the date of such public notification.
(2) If any project implementer fails to commence the project within two years from the date of approval for, and public notification of, the relevant implementation plan for creation under Article 31 (4), the approval for the implementation plan for creation shall become invalid on the day immediately following the second anniversary of the date of approval for, and public notification of, the implementation plan.
(3) If no application for approval for a new implementation plan for the creation of an area for the creation of a robotland, a previous implementation plan for which became invalid pursuant to paragraph (2), is filed within two years from the day on which the approval for the previous implementation plan became invalid, the designation of the area for the creation of the robotland shall become invalid on the day immediately following the second anniversary of the date on which the approval for the previous implementation plan became invalid.
(4) If no application for approval for a new implementation plan for creation is filed within one year from the date the cancellation of approval for an implementation plan for creation was publicly notified pursuant to Article 33 (2), the designation of the area for the creation of the robotland shall become invalid on the day immediately following the first anniversary of the date on which the cancellation of approval for the implementation plan was publicly notified.
(5) The Minister of Knowledge Economy shall, when any designation or approval becomes invalid pursuant to any provision of paragraphs (1) through (4), publicly notify the fact without delay.
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 Article 33 (Cancellation of Approval for Implementation Plan for Creation, etc.)   print
(1) The Minister of Knowledge Economy may, if any project implementer falls under any of the following subparagraphs, cancel approval of the relevant implementation plan for creation or order the person to take measures for improvement thereof:
1. If the environment or beauty of landscape is likely to be significantly degraded by the suspension of the relevant project;
2. If the relevant project has been promoted inconsistently with the approved implementation plan for creation.
(2) When the Minister of Knowledge Economy cancels approval pursuant to paragraph (1), he/she shall publicly notify the fact without delay.
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 Article 34 (Subsidization of Creation Costs and Operating Expenses)   print
The State or any local government may fully or partially subsidize necessary construction costs and operating expenses only for the public facilities specified by Presidential Decree in developing a robotland.
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 Article 35 (Permission for Use of or Profiting from State or Public Property)   print
(1) The State or any local government may, if deemed necessary for the creation and operation of a robotland, loan or sell any State-owned or public property to any project implementer or permit any project implementer to profit from such property under a negotiated contract, notwithstanding the State Property Act or the Public Property and Commodity Management Act.
(2) The details, terms and conditions of the loan or use of, profiting from, and sale of State-owned or public property under paragraph (1) shall be governed by provisions of the State Property Act or the Public Property and Commodity Management Act.
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 Article 36 (Authorization or Permission deemed Granted)   print
(1) When any person who intends to carry out a project to execute an implementation plan for creation (hereinafter referred to as "development project") has obtained approval for the implementation plan under Article 31 (2), the following permission, authorization, designation, approval, consultation, and reporting (hereinafter referred to as "permission, etc.") shall be deemed to have been granted, made, given, or completed, while when an implementation plan for creation is publicly notified pursuant to Article 31 (4), permission, etc. shall be deemed to have been publicly notified or announced pursuant to the Acts specified in the following subparagraphs: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010>
1. Permission for a change of the form and quality of land under Article 21-2 of the Grassland Act and the permission for the diversion of grassland under Article 23 of the aforesaid Act;
2. Permission for, or reporting on, the diversion of a mountainous district under Article 14 or 15 of the Mountainous Districts Management Act, permission for, or reporting on, temporary use of a mountainous district under Article 15-2 of the aforesaid Act, and permission for, or reporting on, the collection of soil and rocks under Article 25 of the aforesaid Act;
3. Permission for, or reporting on, cutting standing trees under Article 36 of the Creation and Management of Forest Resources Act or the cancellation of designation of a forest protection area under Article 11 (1) 1 of the Forest Protection Act;
4. Permission for, or consultation about, the diversion of farmland under Article 34 of the Farmland Act;
5. Consultation with, or approval of, the competent river management authorities under Article 6 of the River Act, permission for the implementation of a river project under Article 30 of the aforesaid Act, and permits to occupy or use a river under Article 33 of the aforesaid Act;
6. Permits to occupy or use public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization, etc. of implementation plan for occupancy or use of public waters under Article 17 of the aforesaid Act (excluding the predetermined land to be reclaimed that obtains the reclamation license), reclamation license of public waters under Article 28 of the aforesaid Act, consultation or authorization under Article 35 of the aforesaid Act, and authorization and public announcement of implementation plan for reclamation of public waters under Article 38 of the aforesaid Act;
7. Approval for, or reporting on, the installation of a wastes disposal facility under Article 29 of the Wastes Control Act;
8. Consultation about, or authorization for, a waterworks project under Article 17 or 49 of the Water Supply and Waterworks Installation Act and authorization for the installation of an exclusive water supply system under Article 52 or 54 of the aforesaid Act;
9. Permission for a business of generation, transmission, distribution of electricity, or electricity sale business under Article 7 of the Electric Utility Act and authorization for, or reporting on, a project plan to construct a private electricity system under Article 62 of the aforesaid Act;
10. Approval for a hot spring development plan under Article 10 of the Hot Spring Act;
11. Permission to occupy and use public waters under Article 5 of the Public Waters Management Act and approval of an implementation plan under Article 8 of the aforesaid Act (excluding a planned reclamation site which has a license for reclamation);
12. Consultation with, or approval of, the competent road management authorities under Article 5 of the Road Act, permission for the implementation of a road project under Article 34 of the aforesaid Act, and the permission to occupy and use a road under Article 38 of the aforesaid Act;
13. Authorization for the implementation of a public sewerage project under Article 16 of the Sewerage Act and the permission to occupy and use a public sewerage system under Article 24;
14. Registration of opening of a superstore under Article 8 of the Distribution Industry Development Act;
15. Permission to open a private road under Article 4 of the Private Road Act;
16. Permission to cut trees under Article 14 of the Erosion Control Work Act and the cancellation of designation of an erosion control area under Article 20 of the aforesaid Act;
17. Permission to implement of a small river project under Article 10 of the Small River Maintenance Act and the permission to occupy and use a small river under Article 14 of the aforesaid Act;
18. Permission to extract construction aggregate under Article 22 of the Aggregate Extraction Act;
19. Permission to use State-owned property for profit under Article 24 of the State Property Act;
21. Consultation about the validity of an integrated energy supply system under Article 4 of the Integrated Energy Supply Act.
(2) The Minister of Knowledge Economy shall, when he/she intends to grant approval or amended approval of an implementation plan for creation including any matter falling under any subparagraph of paragraph (1) pursuant to Article 31 (2), consult in advance with the heads of appropriate administrative agencies. In such cases, the heads of appropriate administrative agencies to which consultation was requested shall present their opinions within 30 days after receipt of such request.
(3) When the Minister of Knowledge Economy approves an implementation plan for creation pursuant to Article 31, he/she shall notify the heads of appropriate administrative agencies of the details thereof.
(4) Where permission, etc. under any other Act is deemed to have been obtained pursuant to paragraph (1), fees and registration and license taxes on licenses imposed in return for such permission, etc. shall be exempted pursuant to the relevant Acts or Ordinance of the Special Metropolitan City or the competent Metropolitan City, Special Self-Governing City,Do, or Special Self-Governing Province. <Amended by Act No. 10221, Mar. 31, 2010; Act No. 11236, Jan. 26, 2012>
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 Article 37 (Confirmation of Completion)   print
(1) Each project implementer shall, upon completion of the development project, submit a completion report, without delay, to the Minister of Knowledge Economy for confirmation of completion. In such cases, the Minister of Knowledge Economy may, upon receiving an application for the confirmation of completion, request the head of an appropriate central administrative agency, the competent Mayor/Do Governor, or the head of any other specialized institution to conduct an inspection necessary to confirm completion.
(2) The Minister of Knowledge Economy shall, upon receiving an application for the confirmation of completion under paragraph (1), if he/she deems that such construction has been completed in compliance with the approved provisions after the confirmation of completion, as prescribed by Presidential Decree, issue a confirmation certificate of completion to the applicant and shall publicly notify it, as prescribed by Presidential Decree.
(3) A project implementer shall be deemed to have obtained permission, etc. relating to the completion of the relevant project in accordance with the provisions concerning the constructive authorization and permission under Article 36 at the time he/she receives the confirmation certificate of completion issued pursuant to paragraph (2).
(4) No project implementer shall use any parcel of land or facility developed or installed as part of the development project before he/she receives the confirmation certificate of completion issued pursuant to paragraph (2): Provided, That the foregoing sentence shall not apply to cases where he/she filed a report on the use with the Minister of Knowledge Economy or obtained permission for such use prior to completion of the construction, as prescribed by Presidential Decree.
(5) Any project implementer may, if necessary for the efficient implementation of the development project, apply for confirmation of completion phase by phase or on a facility-by-facility basis within the scope of the relevant implementation plan for creation.
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 Article 38 (Expropriation or Use)   print
(1) Any project implementer may, if necessary for the implementation of a development project for any public facility under Article 34, expropriate or use any parcel of land, goods, or rights specified in the following subparagraphs:
1. Rights except ownership in parcels of land;
2. Rights except ownership in standing trees, buildings, and other goods fixed or erected on the land;
3. Rights related to the use of water;
4. Soil, rocks, sand, or gravel in the land.
(2) Any project implementer may, if he/she fails to finalize negotiations on the expropriation or use under paragraph (1) or is unable to carry on such negotiations, file an application for adjudication with the competent land tribunal within the implementation period of the development project, notwithstanding Article 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) Except as otherwise provided for by this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the procedure for the expropriation or use under paragraph (1), the compensation therefor, and the application for adjudication.
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 Article 39 (Collection of Entrance Fee, etc.)   print
Any project implementer or any person who erected a building or installed any other facility in a robotland may collect entrance fees from visitors to the robotland and may also collect admission fees or service charges from persons who sightsee or use the robotland.
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 Article 40 (Management of Robotland, etc.)   print
(1) The Minister of Knowledge Economy may request any project implementer to take measures necessary for the smooth development, management, and operation of a robotland.
(2) Any project implementer may, if necessary, entrust any person specified by Presidential Decree with the development, management, and operation of a robotland.
CHAPTER VI KOREA ROBOT INDUSTRY PROMOTION INSTITUTE, ETC.
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 Article 41 (Establishment of Korea Robot Industry Promotion Institute)   print
(1) In order to efficiently and systematically carry out projects for promoting the intelligent robot industry and supporting the development of policies on the intelligent robot industry, the Korea Robot Industry Promotion Institute (hereinafter referred to as the "Promotion Institute") shall be established.
(2) The Promotion Institute shall be a legal entity.
(3) The Promotion Institute shall have executives and employees, as stipulated by its articles of incorporation.
(4) The Promotion Institute shall undertake the following business activities in the area of the intelligent robot industry: <Amended by Act No. 10955, Jul. 25, 2011>
1. Establishment and development of policies for the promotion of the intelligent robot industry;
2. Surveys on trends of the intelligent robot industry and publication, exhibition, and public relations for the industry;
3. Preparation of statistics on the intelligent robot industry and the fact-finding surveys under Article 7;
4. Activities for the implementation and public relations of the charter on intelligent robot ethics;
5. Model projects for the creation of markets for intelligent robots and projects for the distribution and dissemination of robots;
6. Assistance in international cooperation and penetration into overseas markets for intelligent robots;
7. Supportive projects for the manufacture of intelligent robots;
8. Activities for certification under Article 9 (1);
9. Activities for research and development and distribution of standards for intelligent robots and activities for international standardization thereof;
10. Technical advice for intelligent robot enterprises which intend to file applications for reliability certification under Article 26 of the Act on Special Measures for the Promotion of Specialized Enterprises, etc. for Components and Materials;
11. Activities for the establishment of a foundation, such as the promotion and development of the intelligent robot industry and support facilities therefor, etc.;
12. Support for the establishment of intelligent robot enterprises and growth, etc. thereof;
13. Projects for industrial technology development under Article 11 (2) of the Industrial Technology Innovation Promotion Act;
14. Activities for training of experts related to the intelligent robot industry;
15. Other activities specified by the Minister of Knowledge Economy as necessary to achieve the purposes of the establishment of the Promotion Institute.
(5) The Promotion Institute may engage in any for-profit business in order to meet expenses incurred in pursuing its purposes under paragraph (1), as prescribed by the Minister of Knowledge Economy.
(6) The Government and local governments may contribute or subsidize expenses incurred in the establishment and operation of the Promotion Institute within budget limits. <Newly Inserted by Act No. 9161, Dec. 19, 2008; Act No. 10955, Jul. 25, 2011>
(7) Except as otherwise expressly provided by this Act, the provisions governing incorporated foundations of the Civil Act shall apply mutatis mutandis to the Promotion Institute.
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 Article 42 (Designation of Research Institute Specializing in Intelligent Robots, etc.)   print
(1) The Minister of Knowledge Economy may designate a research institute specializing in intelligent robots (hereinafter referred to as the "Research Institute"), which shall function as a base for developing robot technology and nurturing professional human resources by establishing a mutual, organic cooperative system between enterprises, universities, and research institutes, subject to consultation with the heads of appropriate central administrative agencies.
(2) The research institute shall be a specific research institute governed by the Support of Specific Research Institutes Act: Provided, That any institute specified by Presidential Decree shall not be governed by the aforesaid Act.
(3) Other matters necessary for procedures for the designation of the research institute and other relevant matters shall be prescribed by Presidential Decree.
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 Article 42-2 (Designation of Specialized Intelligent Robot Enterprises)   print
In order to promote the intelligent robot industry, the Minister of Knowledge Economy may designate enterprises which fulfill all the following requirements as specialized intelligent robot enterprises among those whose main business isto develop and manufacture parts or finished goods of intelligent robots and the systems related thereto, and robot services, and may provide support to them:
1. An enterprise whose amount of sales from development and manufacture of parts or finished goods of intelligent robots and systems related thereto, and robot services out of the total amount of sales meets the standards prescribed by Presidential Decree;
2. An enterprise which does not belong to an enterprise group subject to the limitations on mutual investment under Article 14 (1) of the Monopoly Regulation and Fair Trade Act.
(2) Detailed matters concerning requirements and procedures for designation of specialized intelligent robot enterprises, and details of support under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11236, Jan. 26, 2012]
CHAPTER VII SUPPLEMENTARY PROVISIONS
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 Article 43 (Fees, etc.)   print
Any certifying institution may collect expenses incurred in carrying out certification pursuant to Article 9 (1) from any person who intends to obtain certification, as prescribed by Presidential Decree.
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 Article 44 (Reporting and Inspections, etc.)   print
(1) The Minister of Knowledge Economy may require any certifying institution to report to him/her on its business or may conduct an inspection thereon.
(2) The Minister of Knowledge Economy may require any capital goods mutual-aid associations or any business operators' association under Article 14 (1) 4 to report to him/her on its business or may conduct aninspection thereon.
(3) The Minister of Knowledge Economy may request the Governor of the Financial Supervisory Service under Article 29 of the Act on the Establishment, etc. of Financial Services Commission to furnish him/her with necessary data about the quality assurance business of insurance companies under Article 14 (1) 2. In such cases, the Governor of the Financial Supervisory Service shall comply with the request, unless any special ground exists otherwise.
(4) Any person who conducts an inspection pursuant to paragraph (1) or (2) shall carry an identification card certifying his/her authority with him/her and present it to interested parties.
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 Article 45 (Hearings)   print
The Minister of Knowledge Economy shall hold a hearing, when he/she intends to impose any of the following dispositions:
1. Cancellation of designation of the certifying institution under Article 9 (3);
2. Cancellation of approval for an implement plan for creation under Article 33 (1).
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 Article 46 (Delegation and Entrustment)   print
(1) The head of each central administrative agency may delegate part of his/her authority under this Act to the head of each affiliated agency under his/her control or each Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The head of each central administrative agency may entrust the head of another administrative agency or an institution or organization specified by Presidential Decree with part of affairs under his/her control under this Act, as prescribed by Presidential Decree.
CHAPTER VIII PENAL PROVISIONS
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 Article 47 (Penal Provisions)   print
(1) Any person who manages any property in violation of Article 28 (1) and (2) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won.
(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won:
1. A person who uses the term "intelligent robot investment company" in its name in violation of Article 20 (4);
2. A person who fails to submit a business report, or who prepares and submits a false report, in violation of Article 24;
3. A person who runs a robotland without confirmation of completion in violation of Article 37 (1).
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 Article 48 (Joint Penal Provision)   print
If the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits an offence under Article 47 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where suchcorporation or individual had not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
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 Article 49 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. A person who places a mark or engages in public relations activities in violation of Article 11 (2);
2. A person who fails to submit a document or report under Article 25 (1) or who submits a false document or report;
3. A person who refuses, interferes with, or evades an investigation or inspection conducted pursuant to Article 25 (2);
4. A person who fails to comply with a request made pursuant to Article 40 (1);
5. A person who fails to file a report under Article 44 (1) and (2) or who made a false report.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the head of each appropriate central administrative agency, as prescribed by Presidential Decree.
(3) Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (2) may file an objection to the head of the appropriate central administrative agency within 30 days after being notified of the disposition.
(4) The head of each appropriate central administrative agency shall, upon receiving an objection under paragraph (3) from a person subject to the disposition of a fine for negligence under paragraph (2), shall notify the competent court of the objection without delay, and the court shall, upon receiving such notice, submit the case to a trial for the fine for negligence pursuant to the Non-Contentious Case Procedure Act.
(5) If neither an objection is filed nor is the fine for negligence paid within the period under paragraph (3), such a fine for negligence shall be collected in the same manner as delinquent national taxes are collected.
ADDENDA
(1) (Enforcement Date)This Act shall enter into force six months after the date of its promulgation.
(2) (Effective Period) This Act shall be effective until June 30, 2018.
(3) (Transitional Measures concerning Penal Provisions) Any person who committed an offense under this Act during this Act is in effect shall be governed by this Act even after the lapse of such period.
ADDENDUM <Act No. 9161, Dec. 19, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10221, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10228, Apr. 5, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 10955, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11236, Jan. 26, 2012>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 30 (1) and 36 (4) shall enter into force on July 1, 2012.