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16.3-18.3条

Article 16-3 (Stock Option of Venture Business)(1) Notwithstanding the provisions of Articles 340-2 through 340-5 of the Commercial Act, subject to the articles of incorporation, a venture business which is a stock company (excluding a stock-listed corporation and association-registered corporation under the Securities and Exchange Act) may, upon resolution under Article 434 of the Commercial Act, grant a person who contributes to or is able to contribute to the establishment or innovation in technology and management of the venture business from among the persons falling under any of the following subparagraphs the right to buy over new stocks at an advantageous price and the right to buy over the stocks of the said business under the conditions prescribed by the Presidential Decree (hereinafter in this Article referred to as a “stock option”):  <Amended by Act No. 6416, Feb. 3, 2001>

1. An officer or an employee of the venture business (excluding such persons as may be determined by the Presidential Decree);

2. A person who is equipped with skill and managerial ability as the Presidential Decree may determine; and

3. A university or a research institute as the Presidential Decree may determine.

(2) The provisions of the articles of association concerning the stock options under paragraph (1) shall contain the matters listed as follows:  <Newly Inserted by Act No. 6416, Feb. 3, 2001>

1. Purports that a stock option may be granted in a specified case;

2. Kinds and numbers of stocks to be delivered by the exercise of stock options;

3. Qualifications of the persons to be granted the stock options;

4. Exercise period of stock options; and

5. Purports that the stock options may be revoked by a resolution of the Board of Directors, in a specified case.

(3) In the special resolution of the general meeting of stockholders under paragraph (1), the matters falling under any of the following subparagraphs shall be determined:  <Newly Inserted by Act No. 6416, Feb. 3, 2001>

1. Names or titles of the persons to be granted the stock options;

2. Methods of granting the stock options;

3. Prices and period for exercising the stock options; and

4. Kinds and numbers of stocks to be delivered by the exercise of stock options, with respect to each individual to be granted the stock options.

(4) Notwithstanding the provisions of paragraph (3), in case where the stocks corresponding to within 20/100 of the total number of stocks under paragraph (2) 2 are granted as the stock options to other persons than the officers and employees of the relevant venture enterprise, the matters under paragraph (3) 1 and 4 may be made, by a special resolution by the general meeting of stockholders, to be decided by the board of directors of the relevant venture enterprise.  <Newly Inserted by Act No. 6416, Feb. 3, 2001>

(5) A venture business which desires to grant a stock option shall, if a resolution is made under paragraphs (3) and (4), report the contents to the Administrator of the Small and Medium Business Administration under the conditions prescribed by the Presidential Decree.  <Amended by Act No. 6416, Feb. 3, 2001>

(6) The provisions of Article 189-4 (4) through (6) of the Securities and Exchange Act shall apply mutatis mutandis to the stock option of a venture business.  <Amended by Act No. 6416, Feb. 3, 2001>

(7) Other necessary matters such as the grant limit of a stock option shall be determined by the Presidential Decree.  <Amended by Act No. 6416, Feb. 3, 2001>

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

Article 16-4 (Offer of Information to Venture Business)(1) The Government may provide a venture business with information on investments, funds, manpower, technology, markets, and locations related to the establishment and business activity of the venture business, or provide support for promoting the informationalization of the venture business.

(2) The Administrator of the Small and Medium Business Administration may request that the head of a central administrative agency, local government, or government-invested institution subject to the provisions of the Framework Act on the Management of Government-Invested Institutions give data necessary for the offer of information under paragraph (1).

(3) The Administrator of the Small and Medium Business Administration may, in order to promote investments in a venture business from an individual or the private investment association (hereinafter in this paragraph referred to as an “individual”), furnish the individual with information necessary concerning a venture business such as investment value under the conditions prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.  <Amended by Act No. 6416, Feb. 3, 2001>

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

SECTION 3 Efficient Supply of Location

Article 17 (Designation or Development of Exclusive Complex for Venture Business)

The Minister of Construction and Transportation, Seoul Special Metropolitan City Mayor, other Metropolitan City Mayors, or Do governors (hereinafter referred to as “Mayor/Do governor”), in a case where it is regarded as necessary to establish venture businesses and supporting installations thereof collectively, so as to promote business activities of venture businesses, may designate or develop an exclusive complex for venture businesses as national or regional industrial complexes under the Industrial Sites and Development Act.

Article 18 (Designation, etc. of Facilities for Collective Location of Venture Businesses)(1) A person, who intends to establish the facilities for the collective location of venture businesses or use existing buildings as those facilities, shall be designated by the Mayor/Do governor.

(2) The Mayor/Do governor may, if deemed necessary for the support for venture businesses, establish the facilities for the collective location of venture businesses or designate existing buildings as those facilities, so that venture businesses and their supporting installations may move therein.

(3) Matters necessary for requirements, applications, etc. for designation under the provisions of paragraph (1) above, shall be determined as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.  <Amended by Act No. 5529, Feb. 28, 1998>

Article 18-2 (Special Cases on Laboratory Factory)(1) Notwithstanding the provisions of Articles 14 (1) and 45 (1) of the Building Act and Article 6 (1) of the Taeduk Science Town Management Act, a person who falls under any of the following subparagraphs may establish a laboratory factory with approval from the head of the agency to which he belongs:

1. A teacher at a university under the Higher Education Act;

2. A researcher at a state or public research institute or a governmentinvested research institution; and

3. A researcher at a research institute in the field of scientific or industrial technology as the Presidential Decree may determine.

(2) The total floor area of a laboratory factory for the use of production facilities shall not exceed 500 square meters.

(3) The total area of a laboratory factory (where it is two or more, the total of their areas) shall not exceed 1/2 of the total floor area of buildings in the relevant university or research institute.

(4) The head of Si/Gun/Gu (meaning an autonomous Gu; hereinafter, the same shall apply) shall, upon receipt of application for registration of a laboratory factory, make a registration of a factory under Article 16 of the Industrial Placement and Factory Construction Act.

(5) Other necessary matters for the establishment and operation of a laboratory factory shall be prescribed by the Presidential Decree.

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

Article 18-3 (Special Cases on Venture Business Which has Moved into Establishment Assistance Center)(1) A venture business which has moved into an establishment assistance center established and operated at a university or research institute which falls under any of the following subparagraphs may, notwithstanding the provisions of Articles 14 (1) and 45 (1) of the Building Act and Article 6 (1) of the Taeduk Science Town Management Act, establish a municipal model factory under Article 28 of the Industrial Placement and Factory Construction Act:  <Amended by Act No. 6194, Jan. 21, 2000>

1. An establishment assistance center which is designated by the Administrator of the Small and Medium Business Administration under Article 5 (2) of the Support for Small and Medium Enterprise Establishment Act; and

2. An establishment assistance center which is recognized by the head of a central administrative agency or local government.

(2) The head of Si/Gun/Gu shall, upon receipt of application for registration of a factory from a venture business which has moved into an establishment assistance center under paragraph (1), make a registration of a factory under Article 16 of the Industrial Placement and Factory Construction Act.

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