CHAPTER I GENERAL PROVISIONS
law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to promote the research and development of colleges, research institutes and companies in the relevant fields, invigorate mutual cooperation and support commercializing the outcomes from research and development and business start-ups, by supporting special research and development zones, thereby contributing to the innovation of national technology and the development of the national economy.
law view
| Article 2 (Definitions) |
|
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
The term "special research and development zone" (hereinafter referred to as "special zone") means a zone designated under Article 4 to create new technology through research and development projects, disseminate outcomes of research and development projects, and promote commercialization thereof; |
| 3. |
The term "advanced technology corporation" means a corporation designated under Article 9, among companies located in a special zone, which produce and sell products in the field of technology with high technology intensity and rapid pace of technical innovation, such as information and communications technology, biotechnology, and nano-technology; |
| 5. |
The term "public research institute" means any of the following institutes: |
| (a) |
A national research institute; |
| (b) |
A Government-funded research institute; |
| (c) |
Any other research institute prescribed by Presidential Decree, among research and development-related corporations established pursuant to any other Act; |
| 6. |
The term "research company" means a company established in a special zone to directly commercialize the technologies of a public research institute and registered pursuant to Article 9-3 (2); |
| 9. |
The term "foreign research institute" means a research institute in which a foreign investor or foreign-invested company has invested pursuant to the Foreign Investment Promotion Act to perform research and development projects; |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 3 (Relationship to other Acts) |
|
The special provisions for relaxing regulations in this Act shall take precedence over any other Act: Provided, That if any provisions more relaxed than the provisions of this Act are provided for in any other Act, such provisions shall take precedence over the provisions of this Act.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 3-2 (Responsibilities of State and Local Governments) |
|
The State and local governments shall secure a budget necessary to promote the development of special zones and the coordination and cooperation among special zones and shall formulate and implement relevant policies.
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
CHAPTER II DESIGNATION OF SPECIAL ZONES, ETC.
law view
| Article 4 (Designation of Special Zones, etc.) |
|
| (1) |
The Minister of Science, ICT and Future Planning may designate a special zone upon taking the following steps: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Hearing the opinion of the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"); |
| 2. |
Consulting with the heads of related central administrative agencies; |
| (2) |
Requirements for designation of a special zone under paragraph (1) or (5) are as follows: |
| 1. |
Universities, research institutes and companies that perform national research and development projects shall be correlated with each other and clustered in a special zone; |
| 2. |
The conditions of a special zone shall be adequate for commercializing outcomes produced from research and development projects performed by institutions specified in subparagraph 1 and for starting up new venture businesses; |
| 3. |
A special zone's level of contribution to the innovation of science and technology shall be superior to that of other areas; |
| 4. |
The conditions of a special zone shall be adequate for attracting foreign universities, foreign research institutes, and foreign-invested companies. |
| (3) |
If a Mayor/Do Governor finds that an area within his/her jurisdiction meets the requirements for designation under paragraph (2) and it is necessary to designate the area as a special zone, he/she may first hold a public hearing to hear opinions thereon from residents, related experts, etc. and request the Minister of Science, ICT and Future Planning to designate the area as a special zone: Provided, That if a prospective zone extends over areas within the jurisdiction of at least two local governments, such as the Special Metropolitan City, a Metropolitan City, Do, or Special Self-Governing Province, the relevant Mayors/Do Governors shall jointly request the Minister of Science, ICT and Future Planning to designate such areas as a special zone. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
When a Mayor/Do Governor intends to request the designation of a special zone pursuant to paragraph (3), he/she shall prepare and submit a comprehensive plan to promote the special zone pursuant to Article 6 and the documents specified by Ordinance of the Ministry of Science, ICT and Future Planning as necessary for a special zone development plan referred to in Article 6-2. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Upon receipt of a request from a Mayor/Do Governor to designate a special zone under paragraph (3), the Minister of Science, ICT and Future Planning may designate the special zone upon taking the steps prescribed in paragraph (1) 2 and 3. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
Matters necessary for further details of requirements under paragraph (2) 1 through 4 shall be prescribed by Presidential Decree. |
| (7) |
When the Minister of Science, ICT and Future Planning designates a special zone under paragraph (1) or (5), he/she shall give public notice of the details thereof through the Official Gazette and shall notify the competent Mayor/Do Governor thereof without delay, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (8) |
Upon receipt of notice given under paragraph (7), a Mayor/Do Governor shall make the details thereof available to the general public for inspection for at least 14 days. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 5 (Cancellation of Designation of Special Zones) |
|
| (1) |
If a special zone designated under Article 4 falls under any of the following cases, the Minister of Science, ICT and Future Planning may wholly or partially cancel the designation of the special zone. The foregoing shall also apply where a Mayor/Do Governor requests cancellation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
If it is found impracticable to accomplish the objectives of designation of a special zone or a special zone ceases to meet the requirements for designation prescribed in Article 4 (2); |
| 2. |
If it is impracticable to develop a special zone within a reasonable period due to restrictions on development acts under other Acts and subordinate statutes or due to the reluctance of the implementer of the development project of a special zone to participate in the project; |
| 3. |
If any cause prescribed by Presidential Decree and similar to any cause specified in subparagraph 1 or 2 exists. |
| (2) |
When it is intended to cancel the designation of a special zone under paragraph (1), the steps specified in Article 4 (1) shall be taken. |
| (3) |
When a Mayor/Do Governor intends to make a request to cancel the designation of a special zone pursuant to paragraph (1), he/she shall first hold a public hearing to hear opinions thereon from residents, related experts, etc. |
| (4) |
When the Minister of Science, ICT and Future Planning cancels the designation of a special zone under paragraph (1) or (2), he/she shall give public notice of the details thereof and shall notify the competent Mayor/Do Governor thereof without delay, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 6 (Comprehensive Plans to Promote Special Zones) |
|
| (1) |
The Minister of Science, ICT and Future Planning shall formulate and implement a comprehensive plan to promote special zones every five years in order to efficiently achieve the purpose of this Act (hereinafter referred to as "comprehensive plan to promote special zones"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A comprehensive plan to promote special zones shall include the following matters: |
| 1. |
Basic direction-setting for the promotion of special zones; |
| 2. |
Assisting research and development activities of universities, research institutes, and companies in a special zone and the management of their intellectual property rights; |
| 3. |
Promoting commercialization of outcomes from research and development projects of universities, research institutes, and companies in a special zone; |
| 4. |
Promoting starting-up and invitation of advanced technology corporations; |
| 5. |
Training human resources specializing in research and development for universities, research institutes, and companies in a special zone and human resources for supporting commercialization; |
| 6. |
Invigorating exchange and cooperation among universities, research institutes, and companies in a special zone; |
| 7. |
Creating conditions for inviting foreigners' investment and settling foreigners; |
| 8. |
Diffusing outcomes from the operation of special zones; |
| 9. |
Schemes for establishing an integrated system to support universities, research institutes, and companies in special zones; |
| 10. |
Schemes for expanding investment and procuring financial resources; |
| 11. |
Systematic development of each special zone; |
| 12. |
Strategies for specialization of industries and technology in each special zone; |
| 13. |
Schemes for cooperative development of a special zone with other areas; |
| 14. |
Other matters prescribed by Presidential Decree for the promotion of special zones. |
| (3) |
When the Minister of Science, ICT and Future Planning intends to formulate or revise the comprehensive plan to promote special zones, he/she shall consult with the heads of related central administrative agencies and the competent Mayor/Do Governor thereon and shall finalize the plan through deliberation and resolution thereon by the Special Research and Development Zone Committee under Article 7. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Science, ICT and Future Planning shall notify the heads of related central administrative agencies and the competent Mayor/Do Governor of the comprehensive plan to promote special zones finalized or revised pursuant to paragraph (3). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
When the Minister of Science, ICT and Future Planning intends to formulate a comprehensive plan to promote special zones, he/she shall consult with the National Science and Technology Council under Article 9 of the Framework Act on Science and Technology on the matters regarding the promotion of science and technology, among matters specified in paragraph (2). The foregoing shall also apply where he/she intends to revise a comprehensive plan to promote special zones. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11713, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 6-2 (Special Zone Development Plans) |
|
| (1) |
If the Minister of Science, ICT and Future Planning deems it necessary for efficiently promoting the development of special zones, he/she shall formulate and implement a special zone development plan for each special zone (hereinafter referred to as "special zone development plan"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A special zone development plan shall include the following matters: |
| 1. |
Name and location of the relevant special zone; |
| 2. |
Name, location, and area of the relevant area; |
| 3. |
Necessity for the development of the special zone; |
| 4. |
Development projects to be implemented in the relevant area (hereinafter referred to as "special zone development project"); |
| 5. |
The implementers-to-be of special zone development projects; |
| 6. |
Method of implementing the special zone development project; |
| 8. |
A land use plan and a major infrastructure plan; |
| 9. |
A population accommodation plan and a residential facilities development plan; |
| 10. |
A traffic control plan; |
| 11. |
A plan to invite universities, research institutes, and companies; |
| 12. |
A plan to establish facilities for health and medical services, education, and welfare; |
| 13. |
An environmental conservation plan; |
| 14. |
A plan to develop an environment to attract foreigners' investment and to settle foreigners; |
| 15. |
Matters regarding re-investment of development gains; |
| 16. |
Other matters prescribed by Presidential Decree. |
| (3) |
If a special zone development plan involves any matter regarding an industrial complex defined in subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act, consultation with the Minister of Land, Infrastructure and Transport thereon shall be held in advance. In such cases, the Minister of Land, Infrastructure and Transport shall submit such plan for deliberation by the Industrial Location Policy Deliberation Committee under Article 3 of the Industrial Sites and Development Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
When the Minister of Science, ICT and Future Planning intends to formulate or revise a special zone development plan, he/she shall finalize the plan upon taking the steps prescribed in Article 4 (1): Provided, That the foregoing shall not apply where he/she intends to revise any minor matter prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
The Minister of Science, ICT and Future Planning shall give public notice of a special zone development plan finalized or revised under paragraph (4), and shall notify the heads of related central administrative agencies and the competent Mayor/Do Governor thereof without delay. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 6-3 (Consultation on Development of Areas without Special Zone Development Plan) |
|
Any person who intends to grant a permit, authorization, designation, approval, etc. (hereafter referred to as "permission, authorization, etc." in this Article) of any development act specified in other Acts in an area within a special zone, the development plan of which has not formulated shall consult with the Minister of Science, ICT and Future Planning thereon: Provided
, That the foregoing shall not apply to a permission, authorization, etc. of small scale development prescribed by Presidential Decree, including a building permit granted under Article 11 of the Building Act. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 7 (Committee for Special Research and Development Zones) |
|
| (1) |
A Committee for Special Research and Development Zones (hereinafter referred to as the "Committee") shall be established within the Ministry of Science, ICT and Future Planning to deliberate and resolve on the following matters for the promotion of special zones: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Major policies and systems for special zones; |
| 2. |
Formulation and revision of comprehensive plans to promote special zones; |
| 3. |
Formulation and revision of special zone development plans; |
| 4. |
Designation of special zones and cancellation or alteration of designation; |
| 5. |
Financial support and training of human resources necessary for the promotion of special zones; |
| 6. |
Mediation of opinions of the heads of related central administrative agencies and Mayor/Do Governors; |
| 7. |
Details regarding the operation of the Committee; |
| 8. |
Other matters regarding the promotion of special zones. |
| (2) |
The Committee shall be formed with no more than 20 members, including one Chairperson and one Vice Chairperson, comprised of ex officio members and at least seven commissioned members. |
| (3) |
The Minister of Science, ICT and Future Planning shall serve as Chairperson. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Persons prescribed by Presidential Decree, from among public officials at the rank of Vice Minister in central administrative agencies, shall serve as ex officio members. |
| (5) |
Commissioned members shall be commissioned by the Chairperson, from among persons with abundant knowledge and experience which can contribute to the development and operation of special zones. |
| (6) |
A secretariat may be established to assist the Committee in its business affairs as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) |
Deleted. <by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 7-2 (Evaluation of Performance of Special Zones) |
|
| (1) |
The Minister of Science, ICT and Future Planning may conduct a comprehensive evaluation for each special zone for the development of special zones. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Science, ICT and Future Planning shall disclose the results of evaluations conducted under paragraph (1) and may provide administrative or financial support differentiated to each special zone based on the results of such evaluations. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Methods of and procedures for conducting evaluations and disclosure under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
CHAPTER III REINFORCING RESEARCH AND DEVELOPMENT AND COMMERCIALIZATION
law view
| Article 8 (Establishment of Infrastructure for Commercializing Outcomes from Research and Development Projects in Special Zones) |
|
| (1) |
The Minister of Science, ICT and Future Planning shall endeavor, to the utmost extent of his/her power, to establish institutional infrastructure for supporting the commercialization of outcomes from research and development projects performed in special zones. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Science, ICT and Future Planning shall formulate policies necessary for assisting universities, national research institutes, and government-funded research institutes special zones so that they can swiftly and smoothly acquire and exercise intellectual property rights to outcomes from their research and development projects. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Science, ICT and Future Planning shall establish a supporting system necessary to promote the transfer and commercialization of technologies held by universities, national research institutes, and government-funded research institutes in special zones, such as a system to link them to markets for trading technologies. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
The Minister of Science, ICT and Future Planning shall search for cases where universities, national research institutes, government-funded research institutes and companies in special zones have succeeded in commercializing outcomes from their research and development projects, reward such universities, national research institutes, government-funded research institutes and companies for their efforts, promote businesses providing services related to business management activities, such as consulting services for legal affairs, accounting, engineering, and management, and endeavor to disseminate the innovation of science and technology in special zones. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 9 (Designation of Advanced Technology Corporations, etc.) |
|
| (1) |
The Minister of Science, ICT and Future Planning may designate a company meeting all of the following requirements as an advanced technology corporation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
A company shall hold a domestic or foreign patent right in the field of technology prescribed by Presidential Decree (including an exclusive license provided for in Article 100 of the Patent Act); |
| 2. |
A company shall produce and sell products by utilizing a patent right under subparagraph 1; |
| 3. |
A company shall be located in a special zone; |
| 4. |
The ratio of a company's research and development expenses and its sales of products produced and sold as provided for in subparagraph 2 to its annual gross sales shall meet the standards prescribed by Presidential Decree. |
| (2) |
Procedures for designation of advanced technology corporations under paragraph (1) and other matters necessary for designation of advanced technology corporations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 9-2 (Revocation of Designation of Advanced Technology Corporations) |
|
| (1) |
If an advanced technology corporation falls under any of the following cases, the Minister of Science, ICT and Future Planning may revoke its designation: Provided, That if it falls under subparagraph 1, its designation shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
If it has obtained designation as an advanced technology corporation by fraudulent or other illegal means; |
| 2. |
If it ceases to meet the requirements for designation specified in Article 9 (1); |
| 3. |
If it fails to continue business activities during a period prescribed by Presidential Decree, due to business suspension, default, permanent closure, bankruptcy, etc. |
| (2) |
When the Minister of Science, ICT and Future Planning intends to revoke the designation of an advanced technology corporation under paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9881, Dec. 30, 2009]
law view
| Article 9-3 (Establishment, etc. of Research Companies) |
|
| (1) |
Any of the following institutions or companies may solely or jointly establish a research company: |
| 1. |
A public research institute; |
| (2) |
A research company established under paragraph (1) shall file for registration with the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree. The foregoing shall also apply where it intends to revise matters prescribed by Presidential Decree, among registered matters. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A research company shall meet all of the following requirements: |
| 1. |
An institution or company specified in any subparagraph of paragraph (1) shall solely or jointly hold the stocks (including equity share; the same shall apply hereinafter) of the research company in excess of the ratio prescribed by Presidential Decree; |
| 2. |
The research company shall be established to directly commercialize technology of a public research institute; |
| 3. |
The research company shall be established within a special zone. |
| (4) |
A public research institute that has established a research company pursuant to paragraph (1) shall use profits and surplus funds from investment in the research company for purposes prescribed by Presidential Decree, such as research and development activities or re-investment in the research company. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 9-4 (Revocation of Registration of Research Companies, etc.) |
|
| (1) |
If a research company falls under any of the following cases, the Minister of Science, ICT and Future Planning may revoke the registration of the research company: Provided, That if a research company falls under subparagraph 1, its registration shall be revoked, while the revocation of registration may be suspended for up to three years, as prescribed by Presidential Decree, if a research company falls under subparagraph 2 and the stock holding ratio exceeds the standards prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
If it has filed for registration by fraudulent or other illegal means; |
| 2. |
If it falls short of the stock holding ratio specified in Article 9-3 (3) 1; |
| 3. |
If it is deemed impracticable for the business of a research company to achieve its purpose of establishment, which is to directly commercialize technology of a public research institute; |
| 4. |
If it fails to meet the requirements specified in Article 9-3 (3) 3; |
| 5. |
If it fails to continue business activities during a period prescribed by Presidential Decree due to business suspension, default, permanent closure, bankruptcy, etc. |
| (2) |
When the Minister of Science, ICT and Future Planning intends to revoke the registration of a research company under paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 9-5 (Allowing Temporary Retirement and Concurrent Offices of Researchers in Public Research Institutes) |
|
| (1) |
Researchers (including teachers under Article 15 of the Korea Advanced Institute of Science and Technology Act, Article 14 of the Gwangju Institute of Science and Technology Act and Article 12-3 of the Daegu-Kyeongbuk Institute of Science and Technology Act; hereafter the same shall apply in this Article) of public research institutes, who are not public officials, may temporarily retire from work to serve as the representative or employee of a company related to research institutes, or concurrently hold the office of a representative or an employee, after obtaining permission from the heads of institutions to which they belong. |
| (2) |
The period of temporary retirement under paragraph (1) shall not exceed three years. |
| (3) |
When researchers of public research institutes retire from office for not less than six months under paragraph (1), it shall be deemed that there are a separately fixed number of researchers corresponding to the number of the relevant persons who have temporarily retired in the relevant public research institutes, from the date on which they retire from office. |
[This Article Newly Inserted by Act No. 9881, Dec. 30, 2009]
law view
| Article 10 (Training of Human Resources, etc. Specializing in Research and Development in Special Zones and Establishment of Systems for Exchange and Cooperation among Universities, Research Institutes and Companies) |
|
| (1) |
The Minister of Science, ICT and Future Planning shall formulate and implement policies for training human resources specializing in research and development and human resources supporting commercialization in the fields of new technology, convergence technology, etc. for universities in special zones. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Science, ICT and Future Planning may provide the following assistance to universities, research institutes, and companies in special zones to strengthen exchange and cooperation among them: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Assistance in developing and implementing joint educational programs together with domestic or foreign companies, domestic or foreign universities, or domestic or foreign research institutes. |
| 2. |
Assistance to universities in special zones in opening and operating courses for business start-up; |
| 3. |
Assistance in developing and implementing educational programs for training human resources specializing in support for research and development and experts in business management; |
| 4. |
Assistance in invigorating exchange of researchers and technical personnel and in enriching the substance of on-site education; |
| 5. |
Assistance in developing and operating training and education programs for technical personnel operating research equipment and programs for providing human resources to related institutions; |
| 6. |
Providing human resources specializing in research and development to research companies, advanced technology corporations, etc.; |
| 8. |
Giving priority in granting subsidies for the employment of researchers with a master's degree or doctorate degree in science or engineering; |
| 9. |
Assistance in inviting high-quality overseas human resources in science and technology; |
| 10. |
Assistance in establishing information systems for researchers, research tasks, research equipment, etc.; |
| 11. |
Assistance in other affairs prescribed by Presidential Decree and necessary to strengthen exchange and cooperation among universities, research institutes and companies in special zones. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 12 (Implementation of Special Zone Promotion Projects) |
|
| (1) |
The Minister of Science, ICT and Future Planning and the heads of related central administrative agencies shall implement projects (hereinafter referred to as "special zone promotion project") for providing assistance in research and development activities and management of intellectual property rights and for promoting commercialization of outcomes from research and development projects in accordance with the comprehensive plans to promote special zones and may select tasks for promoting special zones each year to enter into contracts with universities, research institutes, and companies in special zones for research on such tasks. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Expenses incurred in implementing special zone promotion projects shall be covered with contributions from the Government or any person, other than the Government, profits, etc. generated in the course of the implementation of the special zone promotion projects. |
| (3) |
Matters necessary for the method for entering into contracts under paragraph (1) and the payment, use, and management of contributions under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 13 (Payment of Subsidies for Employment, etc.) |
|
A local government may pay subsidies for employment, subsidies for education and training, etc. to companies that invest in a special zone, as prescribed by municipal ordinance of the local government if deemed necessary to promote investment in the special zone.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 14 (Special Provisions for Tax Benefits and Full or Partial Exemption from Charges) |
|
| (1) |
If necessary for developing and promoting special zones, the State and local governments may provide tax benefits to implementers of special zone development projects, research companies, and advanced technology corporations, as provided for in tax-related Acts. |
| (2) |
If necessary for efficiently implementing special zone development projects, the State and local governments may fully or partially exempt implementers of such special zone development projects from the following charges: |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 15 (Special Provisions for Use, Lease, Sale of, or Benefit from State or Public Property) |
|
| (1) |
Notwithstanding the State Property Act and the Public Property and Commodity Management Act, the Minister of Strategy and Finance, the head of a central government agency, or the head of a local government may permit a research company or an advanced technology corporation to use or benefit from land, buildings, and other State or public property, which the State or the local government owns, or may lease or sell such property to a research company or an advanced technology corporation, under a negotiated contract. |
| (2) |
Where the use or lease of, or benefit from State property is permitted under paragraph (1), a period therefor shall fixed up to 50 years, notwithstanding Articles 35 (1) and 46 (1) of the State Property Act. In such cases, the period is renewable but the period for each renewal shall not exceed 50 years. |
| (3) |
Notwithstanding Article 18 of the State Property Act and Article 13 of the Public Property and Commodity Management Act, the State or a local government may permit a person to build a factory or any other permanent structure on the land that the State or the local government owns and permits the person to use or benefit from. In such cases, the State or a local government may attach a condition that the person shall donate structures thereon to the State or the local government or reinstate the land upon the expiration of the specified period, taking into consideration the types of structures thereon. |
| (4) |
Guidelines for calculating use fees and rents for the use of, benefit from, or lease of State property under paragraph (1) shall be prescribed by Presidential Decree, notwithstanding Articles 32 (1) and 47 of the State Property Act. |
| (5) |
If it is found that a research company or an advanced technology corporation that purchases State property sold under paragraph (1) is unable to pay the purchase price in a lump sum, the deadline for the payment of such purchase price may be deferred or such research company or such advanced technology corporation may be allowed to pay the purchase price in installments, as prescribed by Presidential Decree, notwithstanding Article 50 (1) of the State Property Act. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 16 (Special Provisions regarding the Monopoly Regulation and Fair Trade Act for Promotion of Joint Research and Development) |
|
| (1) |
Matters on which the Minister of Science, ICT and Future Planning has consulted with the Fair Trade Commission among joint research and technological development projects necessary for commercializing outcomes from a research and development project in a special zone shall be deemed authorized by the Fair Trade Commission under Article 19 (2) of the Monopoly Regulation and Fair Trade Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When the Minister of Science, ICT and Future Planning intends to request consultation under paragraph (1), he/she shall submit a document stating the necessity of application of special provisions, the details of such provisions, and other matters prescribed by Presidential Decree to the Fair Trade Commission. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 17 (Participation in Investment Associations) |
|
The Promotion Foundation of Special Research and Development Zones established under Article 46 (hereinafter referred to as the "Promotion Foundation") may become a member of an investment association established for investment in the following businesses or companies in a special zone:
| 5. |
An advanced technology corporation; |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 18 (Promotion of Research and Production Clusters Specializing in Core Industries) |
|
| (1) |
The State and local governments shall develop research and production clusters for each special area of technology in a special zone and formulate and implement policies necessary for expanding mutual exchange therefor. |
| (2) |
When the Minister of Science, ICT and Future Planning and the heads of related central administrative agencies implement a special zone promotion project, each of them shall give priority to considering the promotion of a research and production cluster developed under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Science, ICT and Future Planning shall formulate policies necessary for establishing an integrated database system by interlinking various databases of technical information in each research and production cluster under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER IV DIFFUSION OF OUTCOMES FROM OPERATION OF SPECIAL ZONES
law view
| Article 19 (Formulation and Implementation of Policies for Diffusing Outcomes from Operation of Special Zones) |
|
The Minister of Science, ICT and Future Planning shall formulate and implement policies for the following activities in order to disseminate and propagate major outcomes from the operation of special zones in accordance with the comprehensive plan to promote special zones in harmony with the economic region development plans formulated under Article 6 of the Special Act on Balanced National Development: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
Invigorating joint research with universities, research institutes, and companies inside and outside of a special zone; |
| 2. |
Promoting the transfer of outcomes from research and development projects and the commercialization of such outcomes to other regions; |
| 3. |
Invigorating mutual exchange and cooperation of researchers and technical personnel; |
| 4. |
Other activities necessary for diffusing outcomes from the operation of special zones. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 20 (Establishment of Information Systems about Technologies and Markets in Special Zones) |
|
| (1) |
The Promotion Foundation shall gather and computerize information about major technologies, equipment, human resources in special zones, related markets, etc. and shall provide support to ensure that information about technologies in special zones and markets therefor can be utilized nationwide. |
| (2) |
When the Promotion Foundation computerizes information about technologies in special zones and markets therefor pursuant to paragraph (1), it shall execute the computerization in harmony with the establishment of databases of knowledge and information about science and technology and national research and development projects under Article 26 (1) of the Framework Act on Science and Technology. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 21 (Organization and Operation of Research Groups for each Field of Technology) |
|
| (1) |
The Minister of Science, ICT and Future Planning may assist universities, research institutes, and companies inside and outside of special zones in organizing research groups and promoting exchange and cooperation in order to facilitate nationwide diffusion of outcomes from the operation of special zones. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Further details of assistance to research groups under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER V ENCOURAGEMENT OF FOREIGN INVESTMENT AND IMPROVEMENT OF LIVING CONDITIONS FOR FOREIGNERS
law view
| Article 22 (Assistance, etc. in Establishment and Operation of Schools for Foreigners) |
|
| (1) |
The State and local governments may subsidize schools for foreigners under Article 60-2 of the Elementary and Secondary Education Act for the purchase of building sites, construction of facilities, or operation of schools in order to improve educational conditions for foreigners in special zones. |
| (2) |
When domestic universities in a special zone promote the joint operation of curricula with foreign colleges or exchange of human resources and materials, the State and local governments may provide support necessary therefor. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 23 (Designation and Operation of Hospitals for Foreigners) |
|
| (1) |
The State and local governments shall designate hospitals for foreigners to provide convenient medical services to foreigners in special zones. |
| (2) |
Matters necessary for the designation and operation of hospitals for foreigners under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 23-2 (Re-Transmission of Foreign Broadcasting) |
|
Notwithstanding Article 78-2 (7) of the Broadcasting Act, a CATV broadcasting business operator who broadcasts in a special zone may organize and operate channels for re-transmitting broadcasts from foreign broadcasting operators approved under paragraph (1) of the aforesaid Article within limitations prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 24 (Tax Benefits and Subsidies for Foreign-Invested Companies and Foreign Research Institutes) |
|
| (1) |
The State and local governments may provide tax benefits to foreign-invested companies and foreign research institutes (hereinafter referred to as "foreign-invested institutions") in special zones, as provided for in tax-related Acts. |
| (2) |
The State and local governments may subsidize foreign-invested institutions for the development of building sites to be leased to foreign-invested institutions and for the establishment of various facilities for convenience of foreigners, including houses, in order to attract foreign-invested institutions to special zones. |
| (3) |
Notwithstanding the State Property Act, the Public Property and Commodity Management Act, and other Acts and subordinate statutes, the State and local governments may permit foreign-invested institutions located in a special zone to use or benefit from State or public property or lease or sell such property to such foreign-invested institutions under a negotiated contract. |
| (4) |
Article 15 shall apply mutatis mutandis to the use, benefitting from, or leasing of State or public property to foreign-invested institutions located in a special zone. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 25 (Establishment of Ombudsman System) |
|
| (1) |
The Promotion Foundation shall establish an ombudsman system in order to assist foreign-invested institutions in solving problems arising in the course of business management and foreigners' living. |
| (2) |
Ombudsmen referred to in paragraph (1) shall be commissioned by the Minister of Science, ICT and Future Planning, subject to deliberation by the Committee, from among persons who have abundant knowledge and experience in foreign investment affairs. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the operation of the ombudsman system and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER VI IMPLEMENTATION OF SPECIAL ZONE DEVELOPMENT PROJECTS
law view
| Article 26 (Implementers of Special Zone Development Projects) |
|
| (1) |
Each special zone development project shall be implemented by a person designated by the Minister of Science, ICT and Future Planning (hereinafter referred to as "project implementer"), from among the following persons: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
A local government, public corporation incorporated under Article 5 of the Management of Public Institutions, local public enterprise established under Article 3 (1) of the Local Public Enterprise Act or person qualified for the implementation of industrial complex development project under any other Act; |
| 3. |
The Promotion Foundation; |
| 4. |
A person who intends to establish facilities appropriate for a special zone development project or a person deemed capable of establishing such facilities and developing a building site therefor, who meets the requirements prescribed by Presidential Decree; |
| 5. |
A corporation incorporated with joint investment by persons specified in subparagraphs 1 through 3 to develop a special zone, which meets the requirements prescribed by Presidential Decree; |
| 6. |
The owner of a parcel of land in a special zone or an association established by such owners to develop a special zone. |
| (2) |
When a project implementer is designated, the Minister of Science, ICT and Future Planning shall give public notice of the designation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
If a project implementer designated under paragraph (1) 1 deems it necessary for efficiently implementing a special zone development project, it may authorize a person who plans to move into the special zone to implement a part of the special zone development project on its behalf, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 26-2 (Revocation of Designation of Project Implementers, Designation of Replacements, etc.) |
|
| (1) |
In any of the following cases, the Minister of Science, ICT and Future Planning may revoke the designation of a project implementer: Provided, That designation shall be revoked in cases referred to in subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
If the project implementer obtains designation under Article 26 or approval under Article 27 by fraudulent or other illegal means; |
| 2. |
If it is anticipated impracticable to complete development within the implementation period because of delay in the purchase of land due to the project implementer's fault; |
| 3. |
If the project implementer fails to meet the requirements for qualification under Article 26 (1) 4 through 6; |
| 4. |
If the project implementer fails to apply for approval of an implementation plan for the relevant special zone development project under Article 27 (1) (hereinafter referred to as "implementation plan") without a justifiable ground within a period prescribed by Presidential Decree; |
| 5. |
If the project implementer fails to execute an implementation plan without a justifiable ground. |
| (2) |
When the Minister of Science, ICT and Future Planning revokes the designation of a project implementer under paragraph (1), he/she may designate another project implementer for replacement. Article 26 shall apply mutatis mutandis to such cases. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A project implementer designated for replacement under paragraph (2) shall succeed to the status of the former project implementer with respect to approval of the special zone development project and the implementation plan. |
| (4) |
When the Minister of Science, ICT and Future Planning revokes the designation of a project implementer or designates a project implementer for replacement under paragraph (1) or (2), he/she shall give public notice thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
When the Minister of Science, ICT and Future Planning intends to revoke the designation of a project implementer under paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 27 (Approval of Implementation Plans) |
|
| (1) |
A project implementer shall prepare an implementation plan which includes the matters prescribed by Presidential Decree, such as the scale and details of the project, the implementation period, and the funding plan, within two years from the date of public notice given under Article 26 (2) and shall obtain approval thereof from the Mayor/Do Governor prescribed by Presidential Decree after consulting with the Promotion Foundation thereon (such consultation shall be omitted where the Promotion Foundation is designated as a project implementer). This shall also apply where a project implementer intends to revise any approved matter: Provided, That if a project implementer has the authority to approve implementation plans, the project implementer shall obtain approval thereof from the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 28 (Public Notification of Approval of Implementation Plans) |
|
| (1) |
When a Mayor/Do Governor approves an implementation plan or a revision to an implementation plan under Article 27 (1), he/she shall publicly notify the details thereof through the Official Gazette without delay and shall forward copies of relevant documents to the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A Mayor/Do Governor shall make the details publicly notified under paragraph (1) available to the general public for inspection for at least 14 days. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 29 (Deemed Permission, etc.) |
|
| (1) |
If a project implementer has obtained approval of an implementation plan or a revision to such plan pursuant to Article 27 (1), the project implementer shall be deemed to have obtained, completed or filed the following permission, authorization, designation, or approval, consultation, or a report (hereinafter referred to as "permission, etc."), and when the approval of an implementation plan is publicly notified pursuant to Article 28 (1), permission, etc. under the following relevant Acts shall be deemed publicly notified or announced: |
| 25. |
Permission for use or benefitting from public property under Article 20 of the Public Property and Commodity Management Act; |
| (2) |
When a Mayor/Do Governor intends to approve an implementation plan or a revision to such plan under Article 27 (1), he/she shall consult thereon with the heads of related central administrative agencies, if the implementation plan includes a matter specified in any subparagraph of paragraph (1). |
| (3) |
Upon receipt of a request for consultation under paragraph (2), the head of a related central administrative agency shall present his/her opinion within 20 days. |
| (4) |
If the head of a related central administrative agency fails to present his/her opinion by the deadline specified under paragraph (3), consultation shall be deemed completed on the day immediately following the deadline. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 29-2 (Council on Special Zone Development Projects) |
|
| (1) |
If a Mayor/Do Governor deems it necessary for mediating differences between related central administrative agencies in the course of consultation under Article 29 (2) and for expediting consultation, he/she may organize and operate a council on special zone development projects (hereinafter referred to as "Council") with related central administrative agencies. |
| (2) |
Matters necessary for the organization and operation of, and assistance to, the Council and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 30 (Commencement of Special Zone Development Projects) |
|
| (1) |
Every special zone development project shall commence within one year from the date the relevant implementation plan is approved under Article 27 (1): Provided, That if a Mayor/Do Governor may postpone the deadline for commencement of a project up to one year only on one occasion, if deemed inevitable to postpone the deadline of commencement. |
| (2) |
If a project fails to commence by the deadline for commencement specified under paragraph (1), the approval of the relevant implementation plan shall become invalid on the day immediately following the deadline for commencement of the project. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 30-2 (Development Projects Implemented in Free Economic Zones, etc.) |
|
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 31 (Expropriation of Land) |
|
| (3) |
The Central Land Tribunal shall have jurisdiction over adjudication on the expropriation of land, etc. under paragraph (1). |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 32 (Completion Inspections) |
|
| (1) |
When a project manager wholly or partially completes the relevant special zone development project, it shall first consult with the Promotion Foundation thereon (excluding where the Promotion Foundation is designated as a project implementer) and undergo a completion inspection conducted by the competent Mayor/Do Governor. In such cases, the competent Mayor/Do Governor shall consult with the heads of related central administrative agencies thereon in advance. |
| (2) |
When a project implementer passes a completion inspection conducted pursuant to paragraph (1), he/she shall be deemed to pass a completion inspection or obtain approval of completion of a project under the permission, etc. granted under Article 29 (1). |
| (3) |
No one shall use any parcel of land developed or any facility installed before the completion inspection under paragraph (1): Provided, That this shall not apply where the competent Mayor/Do Governor permits the use thereof, as prescribed by Presidential Decree. |
| (4) |
The head of the competent local government shall manage a zone in which a special zone development project is completed in accordance with the relevant district unit plan included in the implementation plan publicly notified under Article 28 (1). |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 32-2 (Re-Investment of Development Gains) |
|
| (1) |
A project implementer shall use some of development gains accrued from the relevant special zone development project for either of the following purposes, as prescribed by Presidential Decree: |
| 1. |
Reducing the sale price or rent of sites for industrial or distribution facilities in the special zone; |
| 2. |
Covering the construction cost of infrastructure or public facilities. |
| (2) |
A project implementer shall keep separate accounts of accrued development gains from other accounts and take other necessary measures to ensure that development gains referred to in paragraph (1) can be smoothly re-invested. |
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 33 (Priority Support for Infrastructure) |
|
The State and local governments shall give priority to providing support for the construction of infrastructure, including roads and water supply, as prescribed by Presidential Decree, in order to promote special zones: Provided
, That industrial complexes designated under the Industrial Sites and Development Act (including national industrial complexes, general industrial complexes, and urban high-tech industrial complexes deemed designated under Article 43 (1)), which are located in a special zone, shall be governed by the aforesaid Act.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 33-2 (Bearing of Expenses) |
|
| (1) |
Expenses incurred in implementing a special zone development project shall be borne by the relevant project implementer: Provided, That the State or a local government may partially subsidize a project implementer for expenses incurred in implementing a special zone development project, as prescribed by Presidential Decree. |
| (2) |
Expense items for which a State or local government may partially subsidize under the proviso to paragraph (1) and the ratio of subsidization shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER VII MANAGEMENT OF SPECIAL ZONES
law view
| Article 34 (Formulation of Special Zone Management Plans) |
|
| (1) |
The Minister of Science, ICT and Future Planning shall formulate or revise a special zone management plan after hearing the opinion thereon from the competent Mayor/Do Governor and consulting with the heads of related central administrative agencies thereon and announce the special zone management plan so formulated or revised: Provided, That the procedure for hearing opinions and consultation shall be omitted for a revision to minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A special zone management plan (hereinafter referred to as "special zone management plan) shall include the following: |
| 1. |
Basic direction-setting for the management of the relevant special zone; |
| 2. |
Location and area of the special zone; |
| 3. |
A plan for the zoning and management of land in the special zone by its use; |
| 4. |
Construction of infrastructure in the special zone, such as water supply, energy, communications, transportation, and distribution facilities; |
| 5. |
Matters regarding the conservation of greenbelts and the environment. |
| (3) |
The Minister of Science, ICT and Future Planning shall forward a special zone management plan formulated and announced under paragraph (1) to the heads of related central administrative agencies and the competent Mayor/Do Governor, and, upon receipt of such plan, the Mayor/Do Governor shall, without delay, make copies of relevant documents and drawings available to the general public for inspection. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 35 (Zoning, etc. of Land by Use) |
|
| (1) |
Land shall be classified into the following areas by its use pursuant to Article 34 (2) 3: |
| 1. |
A residential area: An area necessary for the dwelling of people residing in a special zone and for the protection of a healthy living environment; |
| 2. |
A commercial area: An area necessary for commercial and business functions in a special zone; |
| 3. |
A green area: An area necessary for the preservation of greenbelts to create a pleasant research environment in a special zone; |
| 4. |
An area for educational, research and commercialization facilities: An area necessary for enhancing the efficiency of education and research and promoting the commercialization of outcomes from research and development projects by concentrating facilities and buildings for education and research, and commercialization of outcomes from research and development projects to exchange information among institutions in a special zone and to share research instruments; |
| 5. |
An area for industrial facilities: An area necessary for production activities of high-tech companies, etc. in a special zone. |
| (2) |
If deemed necessary, the Minister of Science, ICT and Future Planning may further classify a residential area referred to in paragraph (1) 1 by the relevant special zone management plan, as prescribed by Presidential Decree. The same shall also apply where a Mayor/Do Governor requests for further classification. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Science, ICT and Future Planning may request the Minister of Land, Infrastructure and Transport and the head of the competent local government to reflect the details of matters that shall be determined by an urban/Gun plan under the National Land Planning and Utilization Act, among matters included in a special zone management plan formulated and announced under Article 34 (1) in the relevant urban/Gun plan. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 36 (Regulation, etc. on Building Activities) |
|
| (1) |
In order to maintain a pleasant research environment in the areas specified in the subparagraphs of Article 35 (1), the Minister of Science, ICT and Future Planning may place partial restrictions on the types of buildings, the construction of which is permitted in the special-purpose areas designated under Article 76 of the National Land Planning and Utilization Act, as prescribed by Presidential Decree, following consultation with the Minister of Land, Infrastructure and Transport and the head of the competent local government. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
To ensure that the buildings constructed in a special zone are appropriate for the functions of the special zone, the head of the competent local government may organize a subcommittee within the Building Committee under Article 4 of the Building Act to examine the designs of buildings in excess of the size prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 37 (Approval for Moving into Special Zones) |
|
| (1) |
A person who intends to move into an area for educational, research, and commercialization facilities shall obtain approval for moving into the area from the Minister of Science, ICT and Future Planning. The foregoing shall also apply where a person who intends to revise any matter prescribed by Presidential Decree among matters approved for moving into the area. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 38 (Restrictions, etc. on Transfer of Building Sites) |
|
| (1) |
If a resident institution intends to transfer a building site, facility, or building (hereinafter referred to as "building or other facility") in an area for educational, research, and commercialization facilities, it shall obtain approval therefor from the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A person who intends to acquire, lease, rent for use, sublease a building or other facility in an area for educational, research, and commercialization facilities or who intends to acquire the leasehold of building or other facility on a deposit basis shall first obtain approval for moving into the area pursuant to Article 37. |
| (3) |
The transfer price of a building or other facility referred to in paragraph (1) shall not exceed any of the following amounts: |
| 1. |
Transfer price of a building site: The aggregate of the following amounts: |
| (a) |
The acquisition price of the building site; |
| (b) |
An amount calculated by multiplying the increase rate of producer price (referring to the rate calculated with the producer price index surveyed and published by the Bank of Korea pursuant to Article 86 of the Bank of Korea Act) of the building site during the period from the date of acquisition to the date of transfer, to the acquisition price; |
| (c) |
Expenses prescribed by Presidential Decree; |
| (4) |
Matters necessary for the calculation of transfer prices under paragraph (3), including acquisition prices and the date of acquisition, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 39 (Acquisition, etc. of Buildings, etc. through Auction, etc.) |
|
A person who acquires a building or facility in an area for educational, research, and commercialization facilities from a resident institute through an auction or pursuant to any other Act shall obtain approval for moving into the area pursuant to Article 37 within six months from the date of acquisition.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 40 (Revocation, etc. of Approval for Moving into Special Zones) |
|
| (1) |
If a resident institute falls under any of the following, the Minister of Science, ICT and Future Planning shall issue a correction order to the resident institute and may revoke approval for moving into a special zone, if the resident institute fails to comply with the order: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
If a resident institute fails to commence, without a justifiable ground, installation works of facility or construction works of building within one year; |
| 2. |
If it is deemed impracticable to install a facility or to construct a building; |
| 3. |
If a resident institute fails to commence, without a justifiable ground, the relevant task within six months after the completion of the facility or building or fails to conduct the relevant affairs for at least six consecutive months; |
| 4. |
If a resident institute fails to obtain approval for a revision to any matter approved for moving into the special zone in violation of Article 37; |
| 5. |
If a resident institute transfers a building or other facility to any third person in violation of Article 38 (1). |
| (2) |
A resident institute that has approval for moving into the special zone revoked under paragraph (1) shall suspend its business affairs immediately, excluding the business affairs prescribed by Presidential Decree, such as settlement of pending transactions. |
| (3) |
When the Minister of Science, ICT and Future Planning intends to revoke approval for moving into a special zone pursuant to paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 41 (Orders to Transfer Buildings, etc.) |
|
| (1) |
The Minister of Science, ICT and Future Planning may order a person who fails to obtain approval for moving into a special zone pursuant to Article 37 (including where a person must obtain approval for moving into a special zone pursuant to Article 38 (2) or 39) or a resident institute whose approval for moving into a special zone is revoked under Article 40 (1) to transfer the building or other facility that the person or institute owns in the area for educational, research and commercialization facilities within a specified period not exceeding six months. The foregoing shall also apply where a resident institute permanently closes its business. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Article 38 (3) and (4) shall apply mutatis mutandis to the transfer of building or other facility pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 42 (Restrictions on Permission for Construction, etc.) |
|
No head of any competent local government shall permit either of the following persons to install a facility or construct a building in area for educational, research and commercialization facilities or permit a person to operate a business in such area pursuant to any relevant Act or subordinate statute:
| 1. |
A person who fails to obtain approval for moving into the area pursuant to Article 37 or who fails to obtain approval for a revision to any matter approved for moving into the area; |
| 2. |
A resident institute whose approval for moving into the area is revoked pursuant to Article 40 (1). |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 43 (Special Provisions regarding Industrial Complexes, etc.) |
|
| (1) |
When a special zone development plan is publicly announced, the relevant special zone shall be deemed designated as a national industrial complex, general industrial complex, or urban high-tech industrial complex as defined in subparagraph 8 (a) through (c) of Article 2 of the Industrial Sites and Development Act, depending upon the details of the plan. |
| (3) |
The Promotion Foundation shall establish regulations on business operations for the management of special zones and shall obtain approval thereof from the Minister of Science, ICT and Future Planning. The foregoing shall also apply where the Promotion Foundation intends to amend approved regulations. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
An institution entrusted with the management of an area specified in the subparagraphs of paragraph (2) shall enter into an agreement with the Promotion Foundation on the management of the special zone, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 44 (Special Provisions regarding the National Land Planning and Utilization Act) |
|
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 45 (Stabilization of Real Estate Prices in Special Zones) |
|
| (1) |
The Minister of Science, ICT and Future Planning, the heads of related central administrative agencies, and Mayors/Do Governors shall take measures necessary for stabilizing real estate prices, including land and buildings in special zones and adjacent areas. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A Mayor/Do Governor shall request the heads of related central administrative agencies to take the following measures for an area in a special zone, if speculative investment in real estate or a rapid increase in real estate prices is likely to occur in such area: |
| 4. |
Other measures necessary for stabilizing real estate prices. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER VIII PROMOTION FOUNDATION OF SPECIAL RESEARCH AND DEVELOPMENT ZONES
law view
| Article 46 (Establishment) |
|
| (2) |
The Promotion Foundation shall be a legal entity. |
| (3) |
The Promotion Foundation shall be duly formed when the registration for its establishment is completed at the registry office having jurisdiction over its principal place of business. |
| (4) |
Matters necessary for the registration of establishment of the Promotion Foundation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 47 (Articles of Association) |
|
| (1) |
The Promotion Foundation's articles of association shall include the following: |
| 3. |
Locations of its principal place of business and branch offices; |
| 4. |
Matters regarding business affairs and the execution thereof; |
| 5. |
Matters regarding property and accounting; |
| 6. |
Matters regarding executives and employees; |
| 7. |
Matters regarding the board of directors; |
| 8. |
Matters regarding the amendment of articles of incorporation; |
| 9. |
Matters regarding public notice; |
| 10. |
Other necessary matters. |
| (2) |
When the Promotion Foundation intends to amend its articles of association, it shall obtain authorization therefor from the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 48 (Business Activities) |
|
| (1) |
The scope of business of the Promotion Foundation shall be as follows: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
The following business activities for the development, management, and operation of special zones: |
| (a) |
Acquisition, development, supply, and management of land, buildings, and facilities, equipment, and materials for research and development; |
| (b) |
Construction of infrastructure, such as facilities for water supply, energy, information and communications, transportation, and distribution; |
| (c) |
Invitation, establishment, management, and operation of educational, health, medical service, culture, sports, and welfare facilities to improve the living environment in special zones, including schools and hospitals; |
| (d) |
Exhibition and advertising of outcomes from research and development projects and establishment and invitation of facilities to raise awareness of the importance of science and technology; |
| (e) |
Business activities for assistance in establishing a special zone management plan and the execution of such plan; |
| (f) |
Business activities for sale and lease in the areas for educational, research, and commercialization facilities and the areas for industrial facilities, follow-up management of such sale and lease, and moving into such areas; |
| (g) |
Business activities for upgrading the structure of special zones; |
| (h) |
Business activities for the establishment of environment-friendly special zones and the prevention of environmental pollution; |
| (i) |
Other business activities necessary for the operation of special zones, including assistance in activities of resident companies and resident institutes; |
| 2. |
The following business activities for facilitating research and development projects in special zones and commercialization the outcomes therefrom: |
| (a) |
Assistance in implementing projects for special zone promotion projects; |
| (b) |
Enhancing exchange among universities, research institutes, and companies; |
| (c) |
Assistance in the management of intellectual property rights; |
| (d) |
Assistance to professors, researchers, etc. in starting up a new business; |
| (e) |
Assistance in commercialization projects; |
| (f) |
Training and education of human resources specializing in research and development and human resources supporting commercialization; |
| (g) |
Providing services for assisting companies, etc. in business management; |
| (h) |
Participating in investment associations organized to invest in corporations or companies specified in Article 17; |
| 3. |
The following business activities for inviting investment in special zones: |
| (a) |
Inviting investment from domestic and foreign investors and marketing and public relations for such activities; |
| (b) |
Comprehensive assistance to domestic and foreign investors, including consulting and information services and public relations, surveys on domestic and foreign investors, and agency services for processing civil petitions; |
| (c) |
Other business activities necessary for assisting Koreans and foreigners in investment; |
| 4. |
For-profit business activities determined by the Minister of Science, ICT and Future Planning; |
| 5. |
Other business affairs entrusted by the Minister of Science, ICT and Future Planning, the head of a related central administrative agency, or the head of a local government. |
| (2) |
The Promotion Foundation shall establish a supporting organization for each special zone in order to assist each special zone in specialized and differentiated development and to efficiently implement each special zone promotion project. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 48-2 (Assistance in Establishment and Operation of Workplace Child Care Facilities) |
|
The Promotion Foundation shall assist resident institutes in special zones in establishing and operating workplace child care facilities referred to in subparagraph 4 of Article 10 of the Infant Care Act.
[This Article Newly Inserted by Act No. 11232, Jan. 26, 2012]
law view
| Article 49 (Executives) |
|
| (1) |
The Promotion Foundation shall have no more than 15 directors, including one President, and one auditor. |
| (2) |
The President shall be appointed or dismissed by the Minister of Science, ICT and Future Planning, subject to prior resolution at the board of directors. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Directors and the auditor shall be appointed at the board of directors, as stipulated by articles of association, subject to approval from the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The term of office of the President and directors shall be three years and may be renewed consecutively. |
| (5) |
The term of office of the auditor shall be two years and may be renewed for only one further term. |
| (6) |
If the office of an executive becomes vacant, a new executive shall be appointed or elected to fill the vacancy, and the term of office of such executive shall begin on the date of appointment or election. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 50 (Duties of Executives) |
|
| (1) |
The President shall represent the Promotion Foundation and administer all business affairs of the Promotion Foundation. |
| (2) |
If the President is unable to perform his/her duties due to extenuating circumstances, the person specified by articles of association shall act on behalf of the President. |
| (3) |
The auditor shall audit the business affairs and accounting of the Promotion Foundation. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 51 (Appointment of Agents) |
|
The President may appoint an employee as an agent duly authorized to do all judicial or extrajudicial acts with respect to business affairs of the Promotion Foundation, as stipulated by articles of association.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 52 (Restrictions on Power of Representation) |
|
The President shall not represent the Promotion Foundation, but the auditor shall represent the Promotion Foundation instead with regard to any matter in which the Promotion Foundation's interest conflicts with the President's interest.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 53 (Grounds for Disqualification as Executives) |
|
None of the following persons shall be qualified for an executive of the Promotion Foundation:
| 1. |
A minor or an incompetent or quasi-incompetent; |
| 2. |
A person declared bankrupt but not yet reinstated; |
| 3. |
A person for whom two years have not passed since a sentence of imprisonment without prison labor or any heavier punishment imposed upon him/her was completely executed (or deemed completely executed) or discharged; |
| 4. |
A person under suspended execution of a sentence of imprisonment without prison labor or any heavier punishment imposed upon him/her; |
| 5. |
A person whose qualification is suspended or forfeited under an Act or by a court ruling. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 54 (Board of Directors) |
|
| (1) |
The Promotion Foundation shall have the board of directors to pass resolutions on important matters of the Promotion Foundation. |
| (2) |
The board of directors shall be comprised of the President and directors. |
| (3) |
The President shall call meetings of the board of directors and preside over the meetings. |
| (4) |
The board of directors shall pass a resolution with a majority of all incumbent directors present and with the affirmative vote of a majority of those present at the meeting. |
| (5) |
The auditor may attend a meeting of the board of directors and present his/her opinions. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 55 (Appointment or Dismissal of Employees) |
|
Employees of the Promotion Foundation shall be appointed or dismissed by the President, as stipulated by articles of association.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 56 (Prohibition of Divulgence, etc. of Confidential Information) |
|
No current or former executive or employee of the Promotion Foundation shall divulge or misappropriate any confidential information he/she has become aware of in the course of performing his/her duties.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 57 (Requests, etc. for Dispatching Public Officials) |
|
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 58 (Funding) |
|
The Promotion Foundation shall procure funds necessary for performing its business activities under Article 48 from the following financial sources:
| 1. |
Contributions or subsidies from the Government or any person other than the Government; |
| 2. |
Funds raised by issuing bonds; |
| 3. |
Loans (including funds or commodities borrowed or imported from foreign countries; the same shall apply hereinafter); |
| 4. |
Profits from for-profit business activities; |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 58-2 (Contributions and Subsidies) |
|
The State and local governments may provide contributions or subsidies for expenses incurred in establishing and operating the facilities of the Promotion Foundation and the cost required for the business activities of the Promotion Foundation under Article 48, within budgetary limits.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 59 (Lease of State Property, etc.) |
|
| (1) |
If deemed necessary for efficiently performing business activities of the Promotion Foundation under Article 48, the State may lease State property (including industrial property rights: the same shall apply hereinafter) gratuitously to the Promotion Foundation or may permit the Promotion Foundation to use or benefit from State property. |
| (2) |
The Promotion Foundation may construct a building or any other permanent structure on the State property lent or permitted to use pursuant to paragraph (1). |
| (3) |
Details, terms and conditions of, and procedure for gratuitous lease, use or benefitting from State property under paragraph (1) shall be stipulated by an agreement entered into between the head of the central government agency responsible for the management of the property or commodities and the Promotion Foundation. |
| (4) |
If the Promotion Foundation requests the State or a local government to provide a loan for the purchase of the land to be leased to research companies or advanced technology corporations or to grant a subsidy for other funds necessary for special zone promotion projects, the State or local government may provide such loan or subsidy. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 60 (Approval of Budget Bills, etc.) |
|
The Promotion Foundation shall formulate a business plan and a budget bill for the following year and obtain approval thereof from the Minister of Science, ICT and Future Planning before the beginning of each business year. The foregoing shall also apply where it intends to revise a business plan or a budget bill. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 61 (Reports on Settlement of Accounts) |
|
The Promotion Foundation shall submit a report on the settlement of revenues and expenditures of each business year to the Minister of Science, ICT and Future Planning, along with a statement of business performance for the relevant year, by no later than the end of February of the following year. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 62 (Business Year) |
|
Each business year of the Promotion Foundation shall coincide with each fiscal year of the Government.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 63 (Accounting Regulations, etc.) |
|
The Promotion Foundation shall establish regulations on its organization, budgeting, etc. and shall obtain approval thereof from the Minister of Science, ICT and Future Planning. The foregoing shall also apply where the Promotion Foundation intends to amend such regulations. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 64 (Borrowing of Funds, etc.) |
|
| (1) |
If the Promotion Foundation deems it necessary for performing its business activities under Article 48, it may borrow funds (including funds or commodities borrowed or imported from foreign countries; the same shall apply hereinafter) with approval therefor from the Minister of Science, ICT and Future Planning. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When the Minister of Science, ICT and Future Planning intends to approve the borrowing of funds pursuant to paragraph (1), he/she shall first consult with the heads of related central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 65 (Investment in Projects, etc.) |
|
If the Promotion Foundation deems it necessary for efficiently performing its business activities under Article 48, it may invest in or contribute to related projects, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 66 (Issuance of Bonds, etc.) |
|
| (1) |
The Promotion Foundation may issue bonds to raise funds necessary for its business activities under Article 48. |
| (2) |
When the Promotion Foundation intends to issue bonds pursuant to paragraph (1), it shall obtain approval from the Minister of Science, ICT and Future Planning. In such cases, the Minister of Science, ICT and Future Planning shall first consult with the heads of related central administrative agencies thereon. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Government may guarantee the payment of principal of, and interest on, the bonds issued by the Promotion Foundation. |
| (4) |
The Government may partially subsidize the Promotion Foundation for expenses incurred in paying interest on the bonds issued by the Promotion Foundation. |
| (5) |
The periods of extinctive prescription of bonds shall be five years for principal and two years for interest from the due date of payment. respectively. |
| (6) |
Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the issuance of bonds and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 67 (Instruction and Supervision) |
|
| (1) |
The Minister of Science, ICT and Future Planning shall instruct and supervise the Promotion Foundation and may require the Promotion Foundation to report on its business affairs, accounting, and property or may authorize public officials of the Ministry to inspect accounting books, documents, facilities, and other things. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
If a violation of any Act or subordinate statute or an offense is discovered as a result of a report filed or an inspection conducted pursuant to paragraph (1), the Minister of Science, ICT and Future Planning may order the Promotion Foundation to rectify such violation or offense. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A person who conducts an inspection pursuant to paragraph (1) shall carry a certificate of identification indicating his/her authority and produce it to related persons. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 68 (Ownership of Residual Property) |
|
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 69 (Application Mutatis Mutandis of the Civil Act) |
|
Except as otherwise expressly provided for in this Act, the provisions regarding incorporated foundations in the Civil Act shall apply mutatis mutandis
to the organization and operation of the Promotion Foundation and other matters.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER IX SUPPLEMENTARY PROVISIONS
law view
| Article 70 (Non-Performance Penalties) |
|
| (1) |
If a person fails to comply with a transfer order within a specified period without a justifiable ground upon receipt of the transfer order issued under Article 41 (1), the Minister of Science, ICT and Future Planning shall determine a deadline for compliance not exceeding six months, and shall impose an amount equivalent to 20 percentage of the value of the property to be transferred as a non-performance penalty on such person, if the person fails to comply with the transfer order by the deadline. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Science, ICT and Future Planning shall give written notice of his/her intention to impose and collect a non-performance penalty under paragraph (1) before imposing the non-performance penalty under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
When the Minister of Science, ICT and Future Planning imposes a non-performance penalty under paragraph (1), he/she shall do so in writing stating the amount of the non-performance penalty, the ground for imposing the non-performance penalty, the payment deadline of the non-performance penalty, the receiving agencies, the method of filing an objection, the agency with which an objection shall be filed, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Science, ICT and Future Planning may impose and collect non-performance penalties under paragraph (1) repeatedly once each every year until a person complies with a transfer order from the day the transfer order is issued under Article 41 (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
When a person to whom a transfer order was issued complies with the transfer order, the Minister of Science, ICT and Future Planning shall discontinue the imposition of non-performance penalties but shall collect non-performance penalties already imposed. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
If a person upon whom a non-performance penalty was imposed under paragraph (3) fails to pay it by the payment deadline, the Minister of Science, ICT and Future Planning shall collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 71 (Reporting to National Assembly) |
|
The Minister of Science, ICT and Future Planning shall prepare a report on the current status of the promotion of special zones, following consultation with Mayors/Do Governors thereon, and shall submit it to the National Assembly before the opening of the annual session of the National Assembly each year. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 72 (Delegation or Entrustment of Administrative Authority) |
|
| (1) |
The Minister of Science, ICT and Future Planning may partially delegate his/her authority vested under this Act to Mayors/Do Governors, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Science, ICT and Future Planning or a Mayor/Do Governor may partially entrust business affairs regarding special zones under this Act to the Promotion Foundation, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 73 (Deemed Public Officials for Purposes of Penal Provisions) |
|
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
CHAPTER X PENAL PROVISIONS
law view
| Article 74 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won:
| 1. |
A person who moves into a special zone without approval therefor or revises any matter approved for moving into a special zone without approval thereof in violation of Article 37 (including where a person must obtain approval for moving into a special zone pursuant to Article 38 (2) or 39); |
| 2. |
A current or former executive or employee of the Promotion Foundation, who divulges or misappropriates any confidential information he/she has become aware of in the course of performing his/her duties, in violation of Article 56. |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 75 (Joint Penal Provisions) |
|
If the representative of a corporation or an agent, employee or other servant of the corporation or an individual commits an offense specified in subparagraph 1 of Article 74 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine specified in the relevant provisions: Provided
, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
law view
| Article 76 (Fines for Negligence) |
|
| (1) |
Any of the following persons shall be punished by a fine for negligence not exceeding 20 million won: |
| 1. |
A person who transfers a building or other facility without approval in violation of Article 38 (1); |
| 2. |
A resident institute that continues its business operations in violation of Article 40 (2). |
| (2) |
A person who organizes and operates a channel for re-transmitting foreign broadcasts in violation of Article 23-2 shall be punished by a fine for negligence not exceeding 30 million won. |
| (3) |
Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree, while fines for negligence under paragraph (2) shall be imposed and collected by the Minister of Science, ICT and Future Planning, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11232, Jan. 26, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repealed Acts)
The Daedeok Science Town Management Act shall be repealed.
Article 3 (Preparing Establishment of Headquarters for Supporting Daedeok Special Research and Development Zone)
| (1) |
The Minister of Science and Technology shall establish the Establishment Committee of Headquarters for Supporting Daedeok Special Research and Development Zone (hereinafter referred to as the "Establishment Committee"), so as to be able to deal with affairs related to the establishment of the headquarters for supporting Daedeok special research and development zone, within three months after the date of the promulgation of this Act. |
| (2) |
The Establishment Committee shall be comprised of not more than seven incorporators appointed by the Minister of Science and Technology. |
| (3) |
The Establishment Committee shall draw up the articles of incorporation of the headquarters for supporting Daedeok special research and development zone and receive authorization from the Minister of Science and Technology. |
| (4) |
The director general of the headquarters for supporting Daedeok special research and development zone as at the time of its establishment shall be appointed by the Minister of Science and Technology. |
| (5) |
When the Establishment Committee receives authorization under paragraph (3), it shall register the establishment of the headquarters for supporting Daedeok special research and development zone within two weeks and transfer business to the director general. |
| (6) |
Any institution which performs duties under the jurisdiction of the headquarters for supporting Daedeok special research and development zone under this Act in the Daedeok special research and development zone as at the time this Act enters into force shall perform such duties until the headquarters for supporting Daedeok special research and development zone are established. |
Article 4 (Transitional Measures concerning Former Daedeok Science Town Management Plans)
Science town management plans under Article 4 of the former Daedeok Science Town Management Act as at the time this Act enters into force, shall have effects until Daedeok special research and development zone management plans under Article 34 of this Act take effect.
Article 5 (Transitional Measures concerning Disposition)
Approval for moving-in, revocation thereof, approval for the transfer of sites, a transfer order, the imposition of charges for compelling compliance under the former Daedeok Science Town Management Act as at the time this Act enters into force shall be deemed activities under this Act.
Article 6 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
Penal provisions and fines for negligence against acts committed before this Act enters into force shall be governed by the former Daedeok Science Town Management Act.
Article 7 (Relations with other Acts and Subordinate Statues)
A citation of the provision of the Daedeok Science Town Management Act by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed to be a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such a corresponding provision exists herein.
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. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7837, Dec. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2006 (Proviso Omitted).
Articles 2 through 22 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. 8108, Dec. 28, 2006>
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. 8337, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted).
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted).
Articles 2 through 15 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. 8361, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted).
Articles 2 through 10 Omitted.
ADDENDA <Act No. 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. 8616, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8800, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted).
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation (Proviso Omitted).
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9037, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9045, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9220, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
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. 9497, Mar. 18, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9629, Apr. 22, 2009>
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. 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. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 23 Omitted.
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 6 Omitted.
ADDENDA <Act No. 9859, Dec. 29, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
ADDENDA <Act No. 9881, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures)
| (1) |
Advanced technology corporations designated under the former provisions as at the time this Act enters into force, shall be deemed advanced technology corporations designated under the amended provisions of Article 9. |
| (2) |
Companies related to research institutes established with approval under the former provisions as at the time this Act enters into force shall be deemed companies related to research institutes registered under the amended provisions of Article 9-3. |
ADDENDA <Act No. 10252, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation (Proviso Omitted).
Articles 2 through 6 Omitted.
ADDENDA <Act No. 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.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10629, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 10764, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11232, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Deliberation by Industrial Location Policy Deliberation Committee on Special Zone Development Plans)
The amended provisions of Article 6-2 (3) shall apply to the first special zone development plan formulated or revised after this Act enters into force.
Article 3 (Applicability to Consultation on Development of Areas with No Special Zone Development Plan Formulated)
The amended provisions of Article 6-3 shall apply to the first permit, authorization, etc. granted (including modification to a permit, authorization, etc.) after this Act enters into force.
Article 4 (Applicability to Deemed Permission, etc.)
The amended provisions of Article 29 shall apply to the first implementation plan, or revision to an implementation plan, approved after this Act enters into force.
Article 5 (Applicability to Commencement of Special Zone Development Projects)
The amended provisions of Article 30 shall also apply to a special zone development project, the implementation plan of which was approved under the former Article 27 (1) before this Act enters into force.
Article 6 (Applicability to Re-Investment of Development Gains)
The amended provisions of Article 32-2 shall apply to the first special zone development plan formulated after this Act enters into force.
Article 7 (Transitional Measure concerning Designation of Special Zones)
The Daedeok
Special Development Zone under the former Article 4 (1) and the special zones designated under the former Article 4 (2) as at the time this Act enters into force shall be deemed special zones designated under the amended provisions of Article 4 (1) or (5).
Article 8 (Transitional Measure concerning Priority Support for Infrastructure)
Notwithstanding the amended provisions of the proviso to Article 33, the industrial complexes given priority support pursuant to the former provisions as at the time this Act enters into force shall be governed by the former provisions.
Article 9 (Transitional Measure concerning Special Provisions regarding Industrial Complexes)
Notwithstanding the amended provisions of Article 43 (1), the special zones deemed national industrial complexes under the former provisions as at the time this Act enters into force shall be governed by the former provisions.
Article 10 (Transitional Measure concerning Change of Name)
| (1) |
The Support Headquarters existing as at the time this Act enters into force shall be deemed the Promotion Foundation established under this Act. |
| (2) |
In the context of acts done and other legal relationships made in the name of the Support Headquarters as at the time this Act enters into force, the Support Headquarters shall be deemed the Promotion Foundation. |
| (3) |
The title of the Support Headquarters recorded in registers and other official records as at the time this Act enters into force shall be deemed the title of the Promotion Foundation. |
Article 11 Omitted.
Article 12 (Relationships to other Acts and Subordinate Statutes)
A citation of the former Special Act on the Support of Daedeok Special Research and Development Zone, etc. or any provisions thereof in other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
