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韩国贸易工业和能源部产业集群发展和工厂设立法第14章(英文版)完4

发布人:春秋智谷  /  发布时间:2022-01-12 09:11:38  

Article 26 (Promotion of Relocation of Enterprises to Provinces)(1) The Minister of Knowledge Economy may formulate and execute policies for the development of regional industries in consultation with the head of the relevant central administrative agency to promote the development of regional industries by accelerating the relocation of enterprises to provinces.

(2) The State or local governments shall give necessary assistance in order to accelerate the relocation of enterprises to provinces.

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 27 Deleted. <by Act No. 5827, Feb. 8, 1999>

Article 28 (Urban Factories)

The Minister of Knowledge Economy may designate factories of high-tech industries, factories with low pollution emission or discharge, factories closely connected with urbanite life and other factories as urban factories, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

CHAPTER IV-2 KNOWLEDGE INDUSTRY CENTER

Article 28-2 (Establishment, etc. of Knowledge Industry Center)(1) Articles 13, 13-2 through 13-5, 14, 14-2 through 14-4 and 18 shall apply mutatis mutandis to approval for the establishment of a knowledge industry center, deemed authorization, deemed permission, etc. special cases on approval for the establishment, etc. the public notice, etc. of issuing standards, revocation of approval for establishment, etc. building permit, approval for use, approval for the installation of manufacturing facilities, revocation of approval for the installation of manufacturing facilities and consultation thereon.  <Amended by Act No. 10252, Apr. 12, 2010>

(2) Where any person who established a knowledge industry center has obtained approval for use under Article 22 (1) of the Building Act, he/she shall report the completion of the establishment of a knowledge industry center to the head of a Si/Gun/Gu or a management agency within a period prescribed by Presidential Decree. The same shall also apply where he/she intends to alter important matters prescribed by Ordinance of the Ministry of Knowledge Economy among reported matters.  <Amended by Act No. 10252, Apr. 12, 2010>

(3) Upon receipt of a report on the completion of the establishment of a knowledge industry center pursuant to paragraph (2), the head of a Si/Gun/Gu or a management agency shall register the knowledge industry center in the knowledge industry center ledger.  <Amended by Act No. 10252, Apr. 12, 2010>

(4) Where a management agency registers a knowledge industry center pursuant to paragraph (3), it shall notify the head of a Si/Gun/Gu of such registration.  <Amended by Act No. 10252, Apr. 12, 2010>

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-3 (Support to Knowledge Industry Center)(1) Necessary funds may be provided to a knowledge industry center, as prescribed by other Acts.  <Amended by Act No. 10252, Apr. 12, 2010>

(2) Where the State or a local government intends to construct a knowledge industry center, to sell in lots or lease the center, it may sell the center in lots at the cost of construction or lease it at rent prescribed by Presidential Decree, notwithstanding the State Property Act and the Public Property and Commodity Management Act.  <Amended by Act No. 10252, Apr. 12, 2010>

(3) A person who has been sold a knowledge industry center in lots at the cost of construction pursuant to paragraph (2) shall sell it within a period prescribed by Ordinance of the Ministry of Knowledge Economy: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Knowledge Economy, such as sale due to bankruptcy, etc.

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-4 (Sale of Knowledge Industry Center in Lots)(1) Where any person who has built a knowledge industry center intends to sell it in lots or lease it, he/she shall prepare a plan to publicly announce the invitation and obtain approval from the head of a Si/Gun/Gu after the commencement of construction of a knowledge industry center building and then openly invite occupants (referring to those who conduct manufacturing or other business after having been sold a knowledge industry center in lots or leased; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Knowledge Economy. The same shall also apply where he/she intends to change important matters prescribed by Ordinance of the Ministry of Knowledge Economy among approved matters.  <Amended by Act No. 10252, Apr. 12, 2010>

(2) Paragraph (1) shall not apply where any person sells in lots or leases a knowledge industry center falling under any of the following subparagraphs:  <Amended by Act No. 10252, Apr. 12, 2010>

1. Knowledge industry centers built for the attraction of factories removed by public works projects or other reasons prescribed by Presidential Decree;

2. Knowledge industry centers less than the scale prescribed by Presidential Decree.

(3) Where any person who has built a knowledge industry center is the State, a local government, the Corporation, the Small and Medium Business Corporation under the Small and Medium Enterprises Promotion Act and a local corporation under the Local Public Corporation Act (hereinafter referred to as "local corporation"), he/she may invite occupants after notifying the head of a Si/Gun/Gu of a plan for pubic notice, notwithstanding paragraph (1). The same shall also apply where he/she intends to alter important matters prescribed by Ordinance of the Ministry of Knowledge Economy among notified matters.  <Amended by Act No. 9685, May 21, 2009; Act No. 10252, Apr. 12, 2010>

(4) Any person who has established a knowledge industry center shall not invite occupants by giving a false or exaggerated information or using fraudulent means. <Amended by Act No. 10252, Apr. 12, 2010>

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-5 (Moving in to Knowledge Industry Center)(1) Facilities which may move in to a knowledge industry center shall be facilities referred to in the following subparagraphs:  <Amended by Act No. 10252, Apr. 12, 2010>

1. Facilities for conducting manufacturing business, knowledge-based industry, IT industry and other business prescribed by Presidential Decree;

2. Facilities for conducting venture business under Article 2 (1) of the Act on Special Measures for the Promotion of Venture Businesses;

3. Other facilities prescribed by Presidential Decree, as facilities for assistance to the production activities of occupant enterprises.

(2) The scope and size of facilities which may move in to a knowledge industry center pursuant to paragraph (1) 1 shall be prescribed by Presidential Decree.  <Amended by Act No. 10252, Apr. 12, 2010>

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-6 (Management of Knowledge Industry Center)(1) A knowledge industry center shall be managed by a person falling under any of the following subparagraphs:  <Amended by Act No. 10252, Apr. 12, 2010>

1. Where the relationship of sectional ownership is constituted under the Act on the Ownership and Management of Aggregate Buildings: A management organization under Article 23 (1) of the same Act;

2. Where the relationship of sectional ownership is not constituted under the Act on the Ownership and Management of Aggregate Buildings: A person who has built a knowledge industry center.

(2) A management organization referred to in paragraph (1) 1 shall stipulate the rules under Article 28 (1) of the Act on the Ownership and Management of Aggregate Buildings and report such to the head of a Si/Gun/Gu within a period prescribed by Ordinance of the Ministry of Knowledge Economy from the date it is organized. The same shall also apply where it alters important matters prescribed by Ordinance of the Minister of Knowledge Economy among reported matters.

(3) The scope of business of a person who manages a knowledge industry center pursuant to the subparagraphs of paragraph (1) (hereinafter referred to as "manager") shall be prescribed by Ordinance of the Ministry of Knowledge Economy.  <Amended by Act No. 10252, Apr. 12, 2010>

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-7 (Duty of Occupants, etc.)(1) Any occupant or the manger of a knowledge industry center shall not engage in conducts in the following:  <Amended by Act No. 10252, Apr. 12, 2010>

1. Removing, destroying or damaging a bearing wall of a knowledge industry center or major structures prescribed by Presidential Decree;

2. Installing heavy goods exceeding the bearing capacity prescribed by design books at the time of permitting construction of a building and vibration generating equipment;

3. Transferring or leasing all or part of a knowledge industry center to a person who uses or intends to use it for purposes other than those of facilities entitled to occupancy in pursuant to Article 28-5 (1);

4. Occupying and using an area for common facilities without due authorization.

(2) Occupants shall observe the rules pursuant to Article 28-6 (2).

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 28-8 (Measures, etc. against Breach of Duty)

Where an occupant or a manager undermines the safety of a knowledge industry center and uses it for purposes other than those of facilities entitled to occupancy under Article 28-5 (1), including cases doing harm to the knowledge industry center or causing a trouble to production activities of other businesses following his/her failure to observe his/her duty pursuant to Article 28-7, the head of a Si/Gun/Gu may fix a reasonable period and order him/her to correct such act or take measures for securing the safety of the knowledge industry center, etc. as prescribed by Presidential Decree.  <Amended by Act No. 10252, Apr. 12, 2010>

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]

Article 29 Deleted. <by Act No. 5827, Feb. 8, 1999>

CHAPTER V ADMINISTRATION OF INDUSTRIAL COMPLEXES

Article 30 (Authorized Administrator, etc.)(1) The authorized administrators shall be as follows:

1. The Minister of Knowledge Economy, in cases of the national industrial complexes;

2. The Mayor/Do governor, in cases of general industrial complexes and urban high-tech industrial complexes (referring to the head of a Si/Gun/Gu in the case of industrial complexes designated by the head of a Si/Gun/Gu);

3. The head of a Si/Gun/Gu, in cases of agro-industrial complexes.

(2) The management agencies shall be as follows:

1. The authorized administrator;

2. The head of a local government to whom administrative affairs are delegated by the authorized administrator;

3. The Corporation or the industrial complex administrative corporation pursuant to Article 31 (2) entrusted by the authorized administrator with administrative affairs;

4. The Consultative Council for Occupant Enterprises pursuant to Article 31 (2), which is entrusted with administrative affairs by the authorized administrator;

5. Any institution prescribed by Presidential Decree, which is entrusted with administrative affairs (limited to administrative affairs of a general industrial complex, an urban high-tech industrial complex or an agro-industrial complex) by the authorized administrator.

(3) Industrial complexes created by the State, a local government, or any other person to occupy the industrial facilities zone under the Industrial Sites and Development Act and other Acts, such as the National Land Planning and Utilization Act, etc. may be managed in a manner corresponding to the relevant industrial complex by the authorized administrator under paragraph (1).

(4) When a management agency administers an industrial complex, it shall do so in conformity with a development plan for industrial complexes under Articles 6, 7 and 7-2 of the Industrial Sites and Development Act.

(5) A management agency entrusted with administrative affairs by the authorized administrator may conduct real estate brokerage of factory sites and factory buildings in the relevant industrial complex, notwithstanding Article 9 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

[This Article Wholly Amended by Act No. 9426, Feb. 6, 2009]