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10-16.2条

Article 10 Deleted. <by Act No. 5591, Dec. 28, 1998>

Article 10-2 (Special Cases of Scale of Capital of Stock Company)(1) The capital of a stock company which is a venture business may be twenty million won or more notwithstanding the provisions of Article 329 (1) of the Commercial Act.

(2) A person who seeks to establish a venture business with capital of less than fifty million won shall submit a written application for registration of the establishment under Article 203 of the Non-Contentious Case Litigation Procedure Act, together with documents through which the Administrator of the Small and Medium Business Administration certifies it as a venture business under Article 25.

[This Article Newly Inserted by Act No. 5607, Dec. 30, 1998]

Article 11 Deleted. <by Act No. 6416, Feb. 3, 2001>

Article 12 (Special Cases on Operation of Investment Association)

The members carrying out the duties, which carries out the duties of the Investment Association under Articles 12 through 17 of the Support for Small and Medium Enterprise Establishment Act, may entrust all or part of those duties to the limited liability members of the relevant Investment Association by any such contract as made with the Investment Association.  <Amended by Act No. 6194, Jan. 21, 2000; Act No. 6416, Feb. 3, 2001>

Article 13 (Formation of Private Investment Association)(1) The Association formed by the individuals’ contributions for the purpose of investing in the venture business, and which desires to obtain the supports under this Act, shall file a registration with the Administrator of the Small and Medium Business Administration. This shall also apply to the cases of alterations in the registered matters.

(2) The Association registered under paragraph (1) (hereinafter referred to as the “private investment association”) shall consist of one member carrying out the duties and other members of the Association.

(3) The members carrying out the duties shall not conduct the acts of fund borrowings, payment guarantees or security offerings in carrying out the duties of the private investment association, or secede or transfer his position, except for the cases as otherwise stipulated in the regulations of the relevant private investment association.

(4) The private investment association shall dissolve in case where there exist any reasons falling under any of the following subparagraphs:

1. Expiration of its existing period;

2. Secession of entire members; and

3. Any other reasons as prescribed by the Presidential Decree.

(5) Where the private investment association dissolves, the relevant member carrying out the duties shall become a liquidator: Provided, That another person may be appointed as a liquidator under the conditions as stipulated by the regulations of the relevant association.

(6) The provisions concerning the associations among the Civil Act shall apply mutatis mutandis to the private investment association, except for those as stipulated in this Act.

(7) Matters necessary for the requirements for registration and operation of the private investment association shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 6416, Feb. 3, 2001]

Article 13-2 (Revocation of Registration)

The Administrator of the Small and Medium Business Administration may, in case where the private investment association falls under any of the following subparagraphs, revoke its registration: Provided, That he shall revoke the relevant registration, where it falls under subparagraph 1:

1. Where it has registered by falsity and other illegal means;

2. Where it recruit its members in contravention of this Act or other Acts; and

3. Where it violates the provisions of this Act.

[This Article Newly Inserted by Act No. 6416, Feb. 3, 2001]

Article 14 (Special Cases on Taxation)(1) The Government or local governments may afford reduction of or exemption from income tax, corporate tax, acquisition tax, property tax, registration tax, etc. to venture businesses pursuant to the Restriction of Special Taxation Act, the Local Tax Act, or other relevant Acts and subordinate statutes so as to accommodate the growth of the businesses.  <Amended by Act No. 6416, Feb. 3, 2001>

(2) In cases where the individuals or the private investment association makes an investment in a venture business, income tax may be reduced or exempted in accordance with the Acts and subordinate statutes relating to taxation. In such cases, matters necessary for the amount, period, etc. of investment shall be prescribed by the Presidential Decree.  <Amended by Act No. 6416, Feb. 3, 2001>

SECTION 2 Efficient Development of Technology and Supply of Manpower

Article 15 Deleted. <by Act No. 6482, May 24, 2001>

Article 16 (Grant of Leave of Absence for Inauguration of Business by Public Educational Officials, etc.)(1) A person falling under any of the following subparagraphs (hereinafter referred to as a “public educational official”) may be allowed a leave of absence so as to enable him to inaugurate himself as director or officer of a venture business, notwithstanding the provisions of Article 44 (1) of the Public Educational Officials Act, Article 71 (2) of the State Public Officials Act, Article 63 (2) of the Local Public Officials Act, and Article 59 (1) of the Private School Act:  <Amended by Act No. 5607, Dec. 30, 1998>

1. Teaching staff (including a researcher at a university-affiliated institute; hereinafter, the same shall apply hereinafter) at a university (including a university of technology and a junior college; hereinafter, the same shall apply) under the Higher Education Act; and

2. Researchers at national or public research institutes (including teaching staff and researchers under the provisions of Article 15 of the Korean Advanced Institute of Science and Technology Act and Article 14 of the Gwangju Institute of Science and Technology Act. The same shall apply hereinafter).

(2) The period of leave of absence subject to provision under paragraph (1) shall not exceed 3 years. In such cases, the period of leave for teaching staff at a university may exceed the remaining period of his employment, notwithstanding the provisions of Article 45 (2) of the Public Educational Officials Act.

(3) In cases where teaching staff at a university or researchers at a national or public research institute are awarded a leave of absence for not less than 6 months in compliance with the provisions of paragraph (1), it shall be deemed that there are extra regular staff at the university, or national/public research institutes, the number of which is equal to that of teaching staff or researchers who are awarded a leave of absence.

Article 16-2 (Special Cases of Concurrent Posts or Offices of Public Educational Officials)(1) Public educational officials or researchers at government-contributed research institutes (excluding research institutes in the field of national defense) determined by the Presidential Decree may hold an additional post or office as the representative, officer, or employee of a venture business, with permission from the head of the agency to which they belong: Provided, That for a public official, permission shall be granted only where the efficient discharge of his duties is unlikely to be obstructed.

(2) Permission obtained from the head of an agency under paragraph (1) shall be deemed to be permission for a concurrent post or office granted under Article 18 (1) of the Public Educational Officials Act or Article 6 (4) of the Cooperative Research and Development Promotion Act.

[This Article Newly Inserted by Act No. 5607, Dec. 30, 1998]