Trade Infrastructure Development Act


Published: 2013-07-30

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the balanced expansion of trading business and the growth of the national economy by establishing the foundation for trading business in an efficient and systematic way.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 2 (Definitions)   print
For the purposes of this Act: <Amended by Act No. 8935, Mar. 21, 2008>
1. The term "foundation for trading business" means facilities, conditions, information, and human resources for supporting and facilitating trading business activities, including an electronic trading system, trading information, and professional human resources specializing in trading business;
2. The term "establishment of the foundation for trading business" means to facilitate trading activities, to reduce trading expenses incurred in international trade, and to enhance the productivity of trading activities by establishing, improving, and reinforcing the foundation for trading business;
3. and 4. Deleted; <by Act No. 8935, Mar. 21, 2008>
5. The term "infrastructure for trading business" means facilities necessary for establishing the foundation of trading business and ancillary facilities thereto, which shall be specified by Presidential Decree.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 3 (Preparation of Plan for Establishing Foundation for Trading Business)   print
(1) The Government shall prepare a comprehensive, basic policy on the establishment of the foundation of trading business so as to promote the establishment of the foundation of trading business in an efficient and systematic way.
(2) The Minister of Trade, Industry and Energy shall establish a plan to establish the foundation for trading business (hereinafter referred to as "plan to establish foundation"). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Deleted. <by Act No. 9498, Mar. 18, 2009>
(4) The Minister of Trade, Industry and Energy may request any person who carries out a project to establish the foundation for trading business under Article 4 (2) and the head of an agency involved with the establishment of the foundation for trading business to cooperate with him/her as may be necessary for the efficient accomplishment of the goals of the plan to establish foundation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Matters necessary for the plan to establish foundation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 4 (Projects for Establishment of Foundation for Trading Business and Executing Agencies)   print
(1) The Minister of Trade, Industry and Energy shall advance the following projects for the establishment of the foundation for trading business (hereinafter referred to as "projects to establish the foundation for trading business"), subject to consultation with heads of appropriate central administrative agencies, so as to implement the plan for the efficient establishment of foundation: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Deleted; <by Act No. 8935, Mar. 21, 2008>
2. Establishment of the foundation for trading transactions conducted through an information and communications network (hereinafter referred to as "electronic trading transactions"), such as the Internet;
3. Collection, analysis, and facilitation of circulation, of information and statistics about trading business (hereinafter referred to as "trading information");
4. Cultivation of professional human resources for trading business and education and training of such human resources;
5. Facilitation of international cooperation in the establishment of the foundation of trading business;
6. Advertisement to overseas markets to improve the reputation of the Republic of Korea as well as the reputation of its products;
7. Other projects specified by Presidential Decree as necessary for the establishment of the foundation of trading business.
(2) The Minister of Trade, Industry and Energy may authorize any of the following institutions, legal entities and organizations (hereinafter referred to as "managing agency") to conduct projects to establish the foundation of trading business: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9011, Mar. 28, 2008; Act No. 9685, May 21, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11959, Jul. 30, 2013>
1. The Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces;
2. Schools under the Higher Education Act;
3. The Korea Trade-Investment Promotion Agency established pursuant to the Korea Trade-Investment Promotion Agency Act;
4. The Small and Medium Business Corporation established pursuant to the Small and Medium Enterprises Promotion Act;
5. Other legal entities or organizations specified by Presidential Decree.
(3) The Minister of Trade, Industry and Energy may fully or partially subsidize, within budget limits, expenses incurred by a managing agency in carrying out projects to establish the foundation of trading business. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the promotion of projects to establish the foundation for trading business and the disbursement, use, and management of subsidies under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 5 Deleted.<by Act No. 8935, Mar. 21, 2008>   print
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 Article 6 (Expansion of Foundation for Electronic Trading Transactions)   print
(1) The Government shall formulate a policy necessary for the facilitation of electronic trading transactions.
(2) The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects in order to establish the foundation for electronic trading transactions: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 8935, Mar. 21, 2008; Act No. 11690, Mar. 23, 2013>
1. Deleted; <by Act No. 8935, Mar. 21, 2008>
2. Diffusion of, and assistance in, electronic trading transactions of small and medium enterprises;
3. Development and operation of an electronic management system for the efficient and orderly conduct of trading transactions;
4. Other projects specified by the Minister of Trade, Industry and Energy as deemed necessary for the establishment of the foundation for electronic trading transactions.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 7 (Facilitation of Circulation of Trading Information)   print
(1) The Government shall formulate a policy necessary for the facilitation of efficient supply, utilization, and circulation of trading information.
(2) If necessary for the supply, utilization, and circulation of trading information, the Minister of Trade, Industry and Energy may request any appropriate administrative agency or any institution or organization involved in international trade and commerce to furnish him/her with trading information or may provide such agency, institution, or organization with trading information, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That The Minister of Knowledge Economy shall consult in advance with the Commissioner of the Korea Customs Service if the trading information involved is related to any export or import declaration under Article 241 of the Customs Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects in order to facilitate the collection, analysis, processing, and circulation of trading information: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Collection, analysis, processing, and circulation of trading information;
2. Assistance to any institution advancing a project for informatization of trading business, including facilitating circulation of trading information;
3. Establishment and operation of a trading information network;
4. Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary to facilitate circulation of trading information.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 8 (Education and Training of Professional Human Resources for Trading Business)   print
(1) The Government shall prepare a scheme for cultivating professional human resources for trading business and developing educational and training programs for improving their abilities, in order to meet the demands of the trading industry.
(2) The Minister of Trade, Industry and Energy may authorize a managing agency to carry out the following projects so as to facilitate the education and training of professional human resources for trading business: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Education and training for cultivating professional human resources with field adaptability for trading business;
2. Development and operation of a curriculum for efficiently cultivating professional human resources for trading business;
3. Education and training for diffusing new types of trading transactions, such as electronic trading;
4. Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary in conjunction with the education and training of professional human resources for trading business.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 9 (Facilitation of International Cooperation)   print
(1) The Government shall formulate a policy to facilitate international cooperation between persons who carry out projects for the establishment of the foundation for trading business and foreign governments, institutions, and organizations in conjunction with establishing the foundation for trading business so as to efficiently lay down the foundation for trading business.
(2) The Minister of Trade, Industry and Energy may authorize a managing agency to execute the following projects in order to facilitate international cooperation in conjunction with the establishment of the foundation for trading business: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Surveying and research for international cooperation in trading business;
2. International exchange of professional human resources for trading business and trading information;
3. Invitation of foreign institutions and organizations related to trading business into the Republic of Korea and the facilitation of entrance of domestic institutions and organizations related to trading business into foreign countries;
4. Other projects specified by Ordinance of the Ministry of Trade, Industry and Energy as necessary to facilitate international cooperation in conjunction with establishing the foundation for trading business.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 10 (Financial Support for Establishment of Foundation for Trading Business)   print
The Government shall endeavor to financially support projects to establish the foundation for trading business in order to efficiently promote the establishment of the foundation for trading business.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 11 (Abatement and Exemption of Charges)   print
The following costs and charges may be abated or exempted for any person who builds an infrastructure for trading business, as provided by relevant Acts, such as the Management of Mountainous Districts Act:
1. The cost of developing substitute forest resources under Article 19 of the Management of Mountainous Districts Act;
2. Farmland conservation charges under Article 38 of the Farmland Act;
3. The cost of developing substitute grassland under Article 23 (6) of the Grassland Act.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 12 (Lease and Sale of State-Owned or Public Land)   print
(1) If deemed necessary for the efficient development and operation of the infrastructure for trading business, the State or a local government may grant permission for use for profit, lease (hereinafter referred to as "lease"), or sell State property or public property under a negotiated contract to the Korea Trade-Investment Promotion Agency under Article 4 (2) 3, the Small Business Corporation under subparagraph 4 of the aforesaid paragraph, or a person specified by Presidential Decree, among the legal entities or organizations under subparagraph 5 of the aforesaid paragraph, notwithstanding the State Property Act or the Public Property and Commodity Management Act.
(2) Where a parcel of state-owned or public land is leased pursuant to paragraph (1), any building or other permanent structure is allowed to be erected on the parcel of land. In such cases, taking into consideration the type of the buildings or structures, the parcel of land may be leased under the condition that such building or permanent structure shall be donated to the State or the competent local government at the end of ten years from the completion thereof or that such building or permanent structure shall be restored to their original state before they are returned. <Amended by Act No. 9401, Jan. 30, 2009>
(3) Necessary matters concerning the price, rent, and lease term of State property or public property under paragraph (1), and other relevant matters shall be prescribed by Presidential Decree.
(4) No managing agency may offer as security or sell a building or any other permanent structure erected on a parcel of state-owned or public land pursuant to paragraph (2): Provided, That the same shall not apply to cases where it is necessary to offer security to a financial institution for operating infrastructures for trading business and the prior consent is granted by managing authorities of the relevant parcel of land.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 12-2 (Establishment and Operation of Support Centers for Exports of Small and Medium Enterprises)   print
(1) The Administrator of the Small and Medium Business Administration may establish and operate support centers for exports of small and medium enterprises to provide comprehensive support for the trading activities of small and medium enterprises, such as assistance in search for foreign purchasers, trade insurance, loans for export and import, and the development of technology, quality, and design. <Amended by Act No. 10228, Apr. 5, 2010>
(2) Necessary matters concerning the establishment and operation of support centers for small and medium enterprises shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9011, Mar. 28, 2008]
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 Article 13 Deleted.<by Act No. 9498, Mar. 18, 2009>   print
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 Article 14 (Demand Surveys for Projects for Establishment of Foundation for Trading Business)   print
(1) The Minister of Trade, Industry and Energy may survey demands for projects for the establishment of the foundation for trading business, if necessary in formulating the plan to establish foundation in a systematic way and in efficiently implementing projects for the establishment of the foundation for trading business. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy may, if necessary for demand surveys under paragraph (1), request any appropriate administrative agency, managing agency, or any other institution or organization to cooperative with him/her by providing relevant data. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
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 Article 15 (Relations to other Acts)   print
(1) If a building permit for any infrastructure for trading business has been granted pursuant to Article 11 of the Building Act or if a reporting on the installation of such infrastructure has been filed pursuant to Article 14 of the aforesaid Act, the following permission, authorization, approval, consent or report (hereinafter referred to as collectively as "permission") are deemed to have been granted, given, or completed, in addition to the matters specified in subparagraphs of Article 11 (5) of the aforesaid Act: <Amended by Act No. 8974, Mar. 21, 2008; Act No. 9770, Jun. 9, 2009; Act No. 11037, Aug. 4, 2011>
1. Permission for the installation of a facility or structure under Article 24 of the Sewerage Act;
2. Authorization for the installation of an exclusive water supply system under Article 52 of the Water Supply and Waterworks Installation Act;
3. Authorization and revised authorization for, or reporting, and reporting on changes, an installation plan for private electric system under Article 62 of the Electric Utility Act;
5. Approval for, or report on, the installation of a wastes disposal facility under Article 29 (2) of the Wastes Control Act;
7. Reporting on installation of a private sewage treatment system under Article 34 (2) of the Sewerage Act.
(2) If the Governor of a Special Self-Governing Province or the head of Si/Gun/Gu granted approval for the use of a building pursuant to Article 22 of the Building Act with respect to infrastructures for trading business, the following inspections or reports (hereinafter referred to as "inspections") are deemed to have been completed or filed, in addition to the matters specified in subparagraphs of paragraph (4) of the aforesaid Article: <Amended by Act No. 8974, Mar. 21, 2008; Act No. 9770, Jun. 9, 2009>
1. Inspection, etc. on water quality of an exclusive water supply system to which relevant provisions shall apply mutatis mutandis pursuant to Article 53 of the Water Supply and Waterworks Installation Act;
2. Final inspection of a fire-fighting system under Article 14 of the Fire-Fighting System Installation Business Act;
3. Reporting on the commencement of use of a wastes disposal facility under Article 29 (4) of the Wastes Control Act;
4. Reporting on the commencement of operation of a discharging facility or any similar facility under Article 37 of the Water Quality and Ecosystem Conservation Act;
5. Final inspection of a private sewage treatment facility under Article 37 of the Sewerage Act.
(3) Any person who desires create a legal fiction for permission, etc. or inspections, etc. shall submit relevant documents specified by relevant Acts and subordinate statutes, along with an application for building permit for, or reporting on, the relevant infrastructure for trading business and an application for approval for the use of such infrastructure, when he/she files such application or report.
(4) The Governor of a Special Self-Governing Province or the head of Si/Gun/Gu shall, when he/she takes any of the following actions, consult with the head of another administrative agency, if the head of the administrative agency has the authority to make a decision on any matter specified in paragraph (1) or (2). In such cases, the head of the administrative agency so requested to be consulted with shall present his/her opinion within 15 days from the day on which he/she was requested to be consulted with: <Amended by Act No. 8974, Mar. 21, 2008>
1. Building permit under Article 11 (1) of the Building Act;
2. Reporting on the construction of a building under Article 14 (1) of the Building Act;
3. Approval for use under Article 22 (1) of the Building Act.
[This Article Wholly Amended by Act No. 8797, Dec. 27, 2007]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 6305, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7604, Jul. 21, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7995, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA<Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 8797, Dec. 27, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8935, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 9011, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure) Support centers for export of small and medium enterprises already established and operated at the time this Act enters into force are deemed support centers for export of small and medium enterprises under Article 12-2 of this Act.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 9498, Mar. 18, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted)
Articles 2 through 7 Omitted.
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. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 11959, Jul. 30, 2013>
This Act shall enter into force on the date of its promulgation.