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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16章（英文版）完4

(5) The State or local governments may, if it is deemed necessary to facilitate the innovation projects, invest in or subsidize the Corporation and other management agencies prescribed by the Presidential Decree.

(6) Detailed procedures for undertaking and operating the innovation projects shall be determined and published by the Minister of Commerce, Industry and Energy.

[This Article Newly Inserted by Act No. 7861, Mar. 3, 2006]

Article 23 (Designation of Promotional Zones)(1) Where the creation of industrial complexes are necessary for facilitating the transfer of factories to local areas and the collectivization of pollution industries, and where the creation of factory sites no smaller than that prescribed by Article 41 of the Industrial Sites and Development Act is necessary for the strengthening of industrial competitiveness, the Minister of Commerce, Industry and Energy shall designate and issue public notice of promotional zones.  <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5091, Dec. 29, 1995; Act No. 5827, Feb. 8, 1999; Act No. 6842, Dec. 30, 2002; Act No. 7861, Mar. 3, 2006>

(2) Where the Minister of Commerce, Industry and Energy intends to designate promotional zones pursuant to paragraph (1), he shall prepare a plan for the promotional zone and after consultation with the Minister of Construction and Transportation, shall present it jointly to the Council.  <Amended by Act No. 4541, Mar. 6, 1993; Act No. 5091, Dec. 29, 1995; Act No. 5827, Feb. 8, 1999>

(3) Plans for promotional zones under paragraph (2) shall include the following matters:  <Amended by Act No. 5091, Dec. 29, 1995; Act No. 6842, Dec. 30, 2002>

1. The location and boundaries of the promotional zone;

2. The type and scale of industry to be attracted to the zone;

3. The kind of industrial complex necessary for the development of the promotional zone; and

4. Other matters determined by the Presidential Decree.

(4) Matters such as the designation procedure, etc. of the promotional zone under paragraphs (1) and (2) shall be determined in accordance with the Presidential Decree.

Article 24 (Standards for Designation of Promotional Zones)

The promotional zone shall be designated from among those zones which fulfill the following conditions:  <Amended by Act No. 6842, Dec. 30, 2002>

1. In terms of location, zones with wide potential for use, such as the capacity to accomodate highly concentrated industries;

2. Zones with positive effect on regional development; and

3. Zones allowing easy secureness of industrial sites and the installation of support facilities such as water and electricity, etc.

Article 25 (Factory Transfer to Promotional Zone)

As amongst those factories moving to the promotional zones designated and publicly announced under Article 23, the Minister of Commerce, Industry and Energy may, as the need arises, give priority of occupant to factories wishing to move out of restricted population zones.  <Amended by Act No. 4541, Mar. 6, 1993; Act No. 4720, Jan. 7, 1994; Act No. 5091, Dec. 29, 1995; Act No. 5827, Feb. 8, 1999>

Article 26 (Facilitation of Company Transfer to Local Areas)(1) The Minister of Commerce, Industry and Energy may take and implement policy steps to develop local industries after consulting with the heads of central administrative agencies concerned for the eventual purpose of developing local industries through the facilitation of transfer of companies to local areas.

(2) The State or local governments shall provide necessary assistance in facilitating the transfer of companies to local areas.

[This Article Newly Inserted by Act No. 6842, Dec. 30, 2002]

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

Article 28 (Municipal-Type Factory)

The Minister of Commerce, Industry and Energy may designate factories of frontier industries, factories with low pollution emission, or factories that are closely connected with urban life, as municipal-type factories under the conditions as prescribed by the Presidential Decree.  <Amended by Act No. 5827, Feb. 8, 1999>

[This Article Wholly Amended by Act No. 5240, Dec. 31, 1996]

CHAPTER IV-2 APARTMENT-TYPE FACTORY

Article 28-2 (Establishment, etc. of Apartment-Type Factory)(1) The provisions of Articles 13, 13-2, 13-3, 13-4, 13-5, 14, 14-2, 14-3, 14-4 and 18 shall apply mutatis mutandis to approval for the establishment of apartment-type factory, the legal fiction of the authorization and permission, etc., special cases in approval for the establishment, etc. of apartment-type factory, the public notice, etc. of standards for dealing with the apartment-type factory, the revocation of the approval for establishment, etc., permission to construct the apartment-type factory, approval for using it, approval for the installation of manufacturing facilities, revocation of the approval for the installation of manufacturing facilities and consultations.

(2) A person, who has established an apartment-type factory and obtained approval for using it under Article 18 (1) of the Building Act, shall report the completion of the establishment of the apartment-type factory to the head of Si/Gun/Gu or management agencies within a period prescribed by the Presidential Decree. The same shall apply to a case where he seeks to alter, among reported matters, important matters prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.  <Amended by Act No. 7861, Mar. 3, 2006>

(3) Upon the receipt of a report from a builder on the completion of the establishment of an apartment-type factory under paragraph (2), the head of Si/Gun/Gu or management agencies shall enter the report in their apartment-type factory ledgers.

(4) When the management agencies register the apartment-type factory under paragraph (3), they shall notify the head of Si/Gun/Gu of the registration.

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

Article 28-3 (Assistance in Apartment-Type Factory)(1) Necessary funds may be provided for the apartment-type factory under the conditions as prescribed by other Acts.

(2) The State or local governments, which have built the apartment- type factory, may sell it at construction costs or lease at rent rates prescribed by the Presidential Decree notwithstanding the State Properties Act and the Public Properties and Commodity Management Act.  <Amended by Act No. 7861, Mar. 3, 2006>

(3) A person, who has bought an apartment-type factory at construction costs under paragraph (2), shall not be permitted to resell it within a period set by the Ordinance of the Ministry of Commerce, Industry and Energy: Provided, That in any case prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy, including reselling it due to bankruptcy, the same shall not apply.

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

Article 28-4 (Sale of Apartment-Type Factory)(1) Where a person, who has built an apartment-type factory, seeks to sell or lease it, he shall openly do so after working out a public notice plan for the recruitment of occupant enterprises (referring to those willing to buy or lease the apartment-type factory for the manufacturing business and other businesses; hereinafter the same shall apply) and then obtaining approval for the plan from the head of Si/Gun/Gu. The same shall apply to a case where he seeks to alter, among approved matters, important matters prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

(2) Paragraph (1) shall not be applied to cases falling under any of the following subparagraphs in relation to the sale and lease of the apartment-type factory:

1. Apartment-type factories newly built due to the attraction of factories removed by public works projects or other reasons prescribed by the Presidential Decree; and

2. Apartment-type factories less than any scale prescribed by the Presidential Decree.

(3) Where a person, who has built an apartment-type factory, is the State, a local government, the Korea Industrial Complex Corporation under the provisions of Article 45-3, the Small Business Corporation under the Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act and a local corporation under the Local Public Corporation Act (hereinafter referred to as the "local corporation"), he may recruit occupant enterprises after notifying the head of Si/Gun/Gu of a pubic notice plan notwithstanding paragraph (1). The same shall apply to a case where he seeks to alter, among notified matters, important matters prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.  <Amended by Act No. 7861, Mar. 3, 2006>

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

Article 28-5 (Occupancy of Apartment-Type Factory)(1) Facilities falling under each of the following subparagraphs shall be permitted to occupy the apartment-type factory:  <Amended by Act No. 7861, Mar. 3, 2006>

1. Facilities for the manufacturing business, the research and development business and other businesses prescribed by the Presidential Decree;

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

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

(2) The scope and size of facilities permitted to occupy the apartment-type factory under the provisions of paragraph (1) 1 shall be stipulated by the Presidential Decree.

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

Article 28-6 (Management of Apartment-Type Factory)(1) The apartment-type factory shall be managed by a person falling under each of the following subparagraphs:  <Amended by Act No. 7861, Mar. 3, 2006>

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

2. Where the relationship of divisional ownership is not constituted under the Act on the Ownership and Management of Aggregate Buildings: A person who has built the apartment-type factory.

(2) The management corporation referred to in paragraph (1) 1 shall work out the rules under Article 28 (1) of the Act on the Ownership and Management of Aggregate Buildings and report them to the head of Si/ Gun/Gu within the period from the time when it is organized to that as prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy. The same shall apply to a case where the management corporation seeks to alter, among reported matters, important matters as prescribed by the Ordinance of the Minister of Commerce, Industry and Energy.  <Amended by Act No. 7861, Mar. 3, 2006>

(3) The scope of service for a person (hereinafter referred to as a "manager"), who is assigned to manage the apartment-type factory under the provisions of each subparagraph of paragraph (1), shall be laid down by the Ordinance of the Ministry of Commerce, Industry and Energy.

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

Article 28-7 (Duties of Occupant Enterprises, etc.)(1) The occupant enterprise or the manger of the apartment-type factory shall not perform acts falling under each of the following subparagraphs:

1. The act of removing, destroying and damaging the impact-resistant walls and major structures as prescribed by the Presidential Decree of the apartment-type factory;

2. The act of installing heavy machinery and vibration-generating equipment in excess of the load capacity fixed by a design at the time of approving the construction of structures; and

3. The act of significantly undermining the production activities of other companies and the maintenance of safety of the apartment-type factory, which is prescribed by the Ordinance of the Ministry of Commerce, Industry and Energy.

(2) An occupant shall obey the rules under Article 28-6 (2).

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

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

Where the breach of duties referred to in Article 28-7 by the occupant enterprise or the manager is feared to undermine significantly the safety of the apartment-type factory and the production activities of other companies, the head of Si/Gun/Gu may order the correction of such breach for a specified period or take measures to ensure the safety of the apartment-type factory under the conditions as prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5827, Feb. 8, 1999]

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

CHAPTER V ADMINISTRATION OF INDUSTRIAL COMPLEX