国内政策【切换】 国际政策

韩国-措施法-促进风险企业特别措施法实施日期 2001.11.25.（英文版）第1-3条

※ This English law is provided by the Korea Legislation Research Institute and is a reference material to enhance understanding of the Korean law, and has no legal or official effect.

ACT ON SPECIAL MEASURES FOR THE PROMOTION OF VENTURE BUSINESSES

[Enforcement Date 25. Nov, 2001.] [Act No.6482, 24. May, 2001., Amendment by Other Act]

Ministry of SMEs and Startups (Venture Innovation Policy Division) , 044-204-7702

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the facilitation of the structural adjustment of the industry as well as to the enhancement of the competitiveness thereof, by promoting the conversion of existing enterprises into venture businesses and their establishment.

Article 2 (Definitions)(1) The term “venture business” used in this Act means a small and medium business (hereinafter referred to as a “small and medium business”) which is prescribed in Article 2 of the Framework Act on Small and Medium Enterprises and which falls under any of the following subparagraphs:  <Amended by Act No. 5607, Dec. 30, 1998; Act Nos. 6194 & 6195, Jan. 21, 2000; Act No. 6416, Feb. 3, 2001>

1. An enterprise in which the ratio of any such total amount as invested by any of the following items to its capital equals to or exceeds the standards as prescribed by the Presidential Decree:

(a) A small and medium enterprise establishment investment company (hereinafter referred to as the “investment company”) established under subparagraph 4 of Article 2 of the Support for Small and Medium Enterprise Establishment Act;

(b) The Small and Medium Enterprise Establishment Investment Association (hereinafter referred to as the “Investment Association”) established under subparagraph 5 of Article 2 of the Support for Small and Medium Enterprise Establishment Act;

(c) A person operating a financial business for new technology projects under subparagraph 14 of Article 2 of the Specialized Credit Financial Business Act (hereinafter referred to as a “financial business operator for new technology projects”);

(d) The New Technology Project Investment Association (hereinafter referred to as the “New Technology Project Investment Association”) established under Article 41 (3) of the Specialized Credit Financial Business Act;

(e) The Korea Venture Investment Association established under Article 4-2 of this Act; and

(f) The Dasan Venture Company Inc. established under Article 4-3 of this Act;

2. An enterprise in which the ratio of research and development expenses to annual gross sales equals to or exceeds the standards prescribed by the Presidential Decree;

3. An enterprise which goes into business by using rights, new technologies, or know-how falling under any of the following items and the level of whose business meets the standards referred to in Article 3:

(a) Patent rights or utility model rights (including technologies under process for registration of patent rights or utility model rights, which are recognized by the Commissioner of the Korean Industrial Property Office);

(b) High technologies which are introduced under Article 25 of the Foreign Investment Promotion Act and exempt from taxes under Article 26 of the said Act;

(c) Technologies transferred from the public research institutions under subparagraph 5 of Article 2 of the Technology Transfer Promotion Act or those transferred through the Korea Technology Transfer Center under Article 6 of the same Act; and

(d) New technologies or know-how which is developed through such business as determined by the Presidential Decree from among technical development businesses under any other Act; and

4. An enterprise which falls under any of the following items and whose technologies or commercialization ability is appraised by an agency determined by the Presidential Decree as excellent:

(a) An enterprise which is being inaugurated or going into business through putting self-developed technologies into practice;

(b) An enterprise which is going into business by using design rights (including technologies under process for registration of design rights, which are recognized by the Commissioner of the Korean Industrial Property Office); and

(c) An enterprise which is going into business by using rights, new technologies, or know-how falling under one of subparagraphs of Article 3 and the level of whose going into business is below the standards under Article 3.

(2) The term “investment” used in this Act means the acceptance of stocks, convertible bonds without a secured mortgage, or preemptive rights on bonds without a secured mortgage.

(3) The term “exclusive complex for venture businesses” used in this Act means such industrial complex as designated under Article 17 for the purpose of the promotion of activities of venture businesses by collectively locating them and their supporting installations therein.

(4) The term “facilities for the collective location of venture businesses” used in this Act means such buildings as designated under Article 18 for the purpose of the promotion of activities of venture businesses by collectively locating them and their supporting installations therein.

(5) The term “laboratory factory” used in this Act means a place of business which is equipped with production facilities within the categories of business corresponding to municipal model factories under Article 28 of the Industrial Placement and Factory Construction Act in research facilities held by a university or research institute in order to promote the establishment of venture businesses.  <Newly Inserted by Act No. 5607, Dec. 30, 1998>

(6) The term “venture business development and promotion zone” used in this Act means an area which has the higher concentration of venture businesses than other areas and which is designated under Article 18-4 for the purpose of facilitating the activities of venture businesses by the collectivization and cooperation thereof.  <Newly Inserted by Act No. 6195, Jan. 21, 2000>

Article 3 (Standards on Computation of Rate of Investment by Investment Company, etc.)(1) The matters necessary to define standards of computation of the ratio of aggregate investments by the investment company, etc. pursuant to the provisions of Article 2 (1) 1 through 3, and computation of the ratio of expenses for research and development against annual gross sales, and standards for the level of business through using rights, new technologies, or know-how, and scope of supporting installations, etc. under paragraphs (3) and (4) of the said Article shall be determined as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.  <Amended by Act No. 5529, Feb. 28, 1998; Act No. 5607, Dec. 30, 1998>

(2) Notwithstanding the provisions of Article 2 (1) of this Act, enterprises operating businesses designated by the Administrator of the Small and Medium Business Administration through deliberation by the Committee on the Facilitation of Venture Businesses pursuant to the provisions of Article 23 below may not be included into the category of venture business for efficacious structural arrangements in the industry and the improvement of industrial competitiveness of the Republic of Korea.  <Amended by Act No. 5529, Feb. 28, 1998>

CHAPTER Ⅱ ESTABLISHMENT OF FOUNDATION FOR THE PROMOTION OF VENTURE BUSINESSES

SECTION 1 Efficient Supply of Capital