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The English version is translated and uploaded only for the purpose of no other than PR,
and thereby, Special Act on Simplification of Procedures for Authorization and
Permission for an Industrial Complex in the Korean language will prevail regarding
authorization and permission.
Special Act on Simplification of Procedures for Authorization and Permission for an
Industrial Complex
[Enforcement Date: Sept. 6, 2008] [Act No. 9106, June 5, 2008, Enactment]
Ministry of Land, Transport, and Maritime Affairs (Industrial Location Policy Division)
Tel.: 02-2110-6180
Chapter 1: General Provisions
Article 1 (Purpose) The purpose of this Act is to contribute to the development of the
national economy and the strengthening of the national competitiveness by prescribing
the necessary matters for the simplification of the development procedures of the
industrial complex as prescribed by the Industrial Sites and Development Act to supply in
appropriate time industrial complexes required for the production activities of the
enterprises.
Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:
(1) The term “Support Center for Industrial Park Development” means supporting
agencies which are set up in the Ministry of Land, Transport, and Maritime Affairs, the
Special Metropolitan City, Metropolitan City, Do, and Special Self-governing Do,
(hereinafter referred to as the “City/Do”), to efficiently carry out the businesses relating
to the designation of industrial complex and development thereof such as feasibility study
of location, consultation with the authorities concerned, etc.
(2) The term “Industrial Park Planning and Deliberation Committee” refers to the
consultation agency to be set up in the Ministry of Land, Transport, and Maritime Affairs
and City/Do to deliberate comprehensively the designation and development of an
industrial complex and other relevant fields, and the Committee set up in the Ministry of
Land, Transport, and Maritime Affairs is called the “Central Industrial Park Planning and
Deliberation Committee,” while the Committee set up in the City/Do is called the
“Regional Industrial Park Planning and Deliberation Committee”.
(3) The term “industrial complex plan” refers comprehensively to the national industrial
park plan which consolidated the industrial complex development plan under Article 6 of
the Industrial Sites and Development Act and the national industrial park development
and implementation plan under Article 17 of the same Act, the general industrial park
plan which consolidated the industrial complex development plan under Article 7 of the
same Act and the general industrial park development and implementation plan under
Article 18 of the same Act, the up-to-date city industrial complex plan which
consolidated the industrial complex development plan under Article 7-2 of the same Act,
the up-to-date city industrial complex development and implementation plan under
Article 18-2 of the same Act, the agricultural and industrial complex plan which
consolidated approval for designation for agricultural and industrial complexes under
Article 8 of the same Act, and the agricultural and industrial complex development and
implementation plan under Article 19 of the same Act.
(4) The term “Private Enterprise, etc.” means any party other than State or local
governments which may apply for the designation of an industrial complex in accordance
with the Industrial Sites and Development Act.
Article 3 (Application Scope) The provisions of this Act shall apply to the industrial
complex under Subsection 5, Article 2 of the Industrial Sites and Development Act,
(including the special area development project under Article 39 of the same Act,
hereinafter referred to as the “industrial complex”), provided that the same shall not apply
to an industrial complex larger than the area determined by Presidential Decree.
Article 4 (Relationship to Other Laws and Regulations)
(1) This Act shall apply in priority to other laws and regulations, with respect to special
cases concerning the regulations applied to designation and development of the industrial
complex, provided that where there are any provisions in other laws and regulations
which are more deregulating than this Act with respect to special cases concerning
regulation, those provisions shall apply in priority to this Act.
(2) Other matters than the matters prescribed by this Act with respect to the designation
and development of the industrial complex shall follow the provisions of the Industrial
Sites and Development Act.
Article 5 (Industrial Complex Development Support Center)
(1) The Minister of Land, Transport, and Maritime Affairs, (hereinafter referred to as the
“Minister”), shall establish an Industrial Complex Development Support Center,
(hereinafter referred to as the “Support Center”), in the Ministry of Land, Transport, and
Maritime Affairs to carry out business relating to the designation and development of the
national industrial park under the Industrial Sites and Development Act, (hereinafter
referred to as the “national industrial park”), and the Special Metropolitan City
Mayor/Metropolitan City Mayor/Do Governor and Special Self-governing Do Governor,
(hereinafter referred to as the “Mayor/Do Governor”), shall establish Support Centers in
the City/Do to carry out such businesses relating to the designation and development of
the general industrial park, the Inner city high-tech industrial park and the agricultural
and industrial complex, respectively, (hereinafter referred to as the “general industrial
park, etc.”).
(2) The head of the Support Center shall be the department head of the corresponding
organization who supervises the overall business relating to the development of the
industrial complex, and members of the Support Center shall be civil servants from the
relevant organization who are in charge of the business areas related to the industrial
complex development process such as urban planning, industrial sites, construction,
transportation, environment, etc., respectively.
(3) To organize a Support Center, the Minister may, if deemed necessary, request the
heads of central administrative agencies concerned to dispatch staff to the Support Center,
and the Mayor/Do Governor may request the head of the military force, the head of the
regional environment management office, the head of the regional forest service, and the
head of the regional construction management administration, etc. to dispatch their staff
to the Support Center, and the head of the agency who is requested to dispatch his staff
shall appoint the staff to be dispatched and report said fact to the Minister or Mayor/Do
governor within 3 days. In this case, the Minister and Mayor/Do governor, (hereinafter
referred to as the “Minister, etc.”), may adjust the methods and period of manpower
support, etc. after consultations with the heads of the concerned agencies, considering the
number of industrial complex designations.
(4) The head of the agency who is requested by the Minister, etc. to dispatch his staff
under the provision of Section 3 shall take any measures necessary for dispatching staff
without any special grounds.
(5) The Minister, etc. may carry out more reasonably the business related to the
designation of the industrial complex, etc., organize an advisory board consisting of
specialists in urban planning, industrial sites, construction, and environment, etc. in the
Support Center, or may appoint specialists as advisors.
(6) The Support Center shall carry out the functions falling under the following
Subsections:
1. Pre-examining general location feasibility, inquiry such as reception of letter
of intent for investment under Article 7, examination of the surface of the earth
for cultural assets, survey of farmland and mountainous areas, etc;
2. Receiving the application for an approval for the industrial complex plan
under Article 8 and support for consultation and coordination by the agencies
concerned under the provisions of Articles 10 through 12;
3. Holding resident explanatory meetings and follow-up measures under Article
9;
4. Reviewing the designation of the area subject to the permission for the land
transaction contract under the provisions of Article 117 of the National Land
Planning and Utilization Act;
5. Matters relating to the establishment of directions for the environmental
impact assessment, such as item evaluation and selection of range, etc., (referring
to environmental impact assessment under the Act on Assessment of Impacts on
the Environment starting on Jan. 1, 2009. Hereinafter, the same shall apply),
under the Framework Act on Environmental Policy and the Act on Assessment
of Impacts on the Environment, Traffic, Disaster, etc;
6. Drawing up a technology examination report under Article 13; and
7. Other necessary matters regarding the designation and development of the
industrial complex.
(7) The Minister, etc. may, in cases in which members of the Support Center contribute to
the designation and development of the industrial complex, grant incentives such as
prizes, promotions, etc. In this case, the Minister, etc. shall give priority to the members
dispatched from other agencies.
(8) Matters necessary for the organization and operation of the Support Center shall be
determined by the ordinances of the relevant local governments, provided that matters
regarding the Support Center established within the Ministry of Land, Transport, and
Maritime Affairs shall be determined by Presidential Decree.
Article 6 (Industrial Park Planning and Deliberation Committee)
(1) To deliberate over the matters falling under the following Subsections, which are
related to the national industrial park and the general industrial park, etc., the Central
Industrial Park Planning and Deliberation Committee and the Regional Industrial Park
Planning and Deliberation Committee shall be established in the Ministry of Land,
Transport, and Maritime Affairs and City/Do, respectively to oversee the following:
1. Matters regarding approval for industrial complex plan under Article 15;
2. Matters regarding coordination of disputes between related administrative
agencies;
3. Other matters will be referred to the Committee as deemed necessary by the
Designator, (this refers to a person to designate industrial complex under Articles
6, 7, 7-2 and 8 of the Industrial Sites and Development Act. Hereinafter the same
shall apply.).
(2) The chairperson of the Central Industrial Park Planning and Deliberation Committee
shall be the Minister, and the chairperson of the Regional Industrial Park Planning and
Deliberation Committee shall be the City Mayor/Do governor, and the person falling
under each of the following Subsections shall be the Committee members, and the vice-
chairperson of the Committee shall be appointed by the chairperson from among the
persons falling under Subsection 2:
1. A person nominated by the chairperson of the Committee as the head of the
department related to an industrial complex development project among public
officials working for the agency to which the corresponding Designator belongs;
2. A person appointed by the chairperson of the Committee among experts in the
areas of urban planning, industrial location, architecture, transportation, and the
environment, etc., who are also knowledgeable and experienced in industrial
complex development;
3. A person, including more than one expert in each area of urban planning,
architecture, and the environment, recommended by the chairperson of the Urban
Planning Committee of City/Do among members of the Urban Planning
Committee of a City/Do, which is set up under the National Land Planning and
Utilization Act in the City/Do to which the relevant local governments belong;
4. A person recommended by the chairperson of the relevant Traffic Impact
Deliberation Committee among members of the Traffic Impact Deliberation
Committee organized under the Act on Assessment of Impacts on the
Environment, Traffic, Disaster, etc., (referring to the Deliberation Committee for
Analysis of Impacts on Traffic and Countermeasure which is organized
according to the Urban Traffic Improvement Promotion Act starting on Jan. 1,
2009. Hereinafter the same shall apply.);
5. A person recommended by the chairperson of the corresponding Disaster
Impact Assessment Committee among members of the Disaster Impact
Assessment Committee organized under the Act on Assessment of Impacts on
the Environment, Traffic, Disaster, etc., (referring to the Pre-examination
Committee for Impact on Disaster organized under the Act on Countermeasure
for Natural Disaster starting on Jan. 1, 2009. Hereinafter the same shall apply.);
6. A person recommended by the chairperson of the relevant committee among
members of the committee which has deliberation authority on the energy use
plan under the Energy Use Rationalization Act;
7. A person recommended by the chairperson of the Metropolitan Citywide-area
Traffic Committee among members of the Metropolitan Citywide-area Traffic
Committee organized under the Special Act on Wide-area Traffic Management
in Metropolitan Cities; and
8. A person recommended by the chairperson of the Mountainous Area
Management Committee among members of the Mountainous Area Management
Committee having deliberation authority organized under the Mountainous Area
Management Act.
(3) The chairpersons of the Central Industrial Park Planning and Deliberation Committee
and the Regional Industrial Park Planning and Deliberation Committee, (hereinafter
referred to as the “Deliberation Committee”), shall, in order to nominate the committee
members falling under the provisions of Subsections 3 through 8 of Section (2), request
the chairperson of each committee, to which each committee member under the provision
of each Subsection of the same Section belongs, to recommend members for the
committee, and the chairperson of each committee who is requested to recommend a
committee member shall recommend thereof within seven days.
(4) The Deliberation Committee consists of no more than 30 members, including the
chairperson and vice-chairperson.
(5) The meeting of the Deliberation Committee shall commence with the presence of
more than half of the members of the Committee, and the decision of the committee is
deemed final with a majority vote of the present members.
(6) The Deliberation Committee shall record the meeting and prepare minutes thereof.
(7) Necessary matters concerning the composition and operation, etc. of the Deliberation
Committee, such as the minimum number of members comprising each Committee
appointed under each Subsection of Section (2), etc. shall be determined by Presidential
Decree.
Chapter 2: Procedure for Approval of the Industrial Complex Plan
Article 7 (Letter of Intent for Investment)
(1) Private enterprise, etc. may, before completion of the industrial complex plan,
submit to the Designator a letter of intent for investment which includes the matters
falling under the following Subsections:
1. Introduction statement of the investors;
2. Size and period of the project;
3. Planned project site;
4. Type of project and main business;
5. Data for demand of land; and
6. Plan for raising capital resources.
(2) A Designator shall, through the Support Center, provide maximum support
concerning the matters necessary to undertake such an industrial complex development
project to the private enterprise, etc. who submitted the letter of intent for investment by
providing the information for the matters falling under the following Subsections:
1. A summary of legal regulations regarding the planned site of the industrial
complex;
2. Industrial environment and geographical industrial location policy;
3. Environmental conditions, (Ecological map and nature map, etc.);
4. Land use conditions for farmlands, mountainous areas, etc.; and
5. Other information requested by the private enterprise, etc. which can be
provided by the Support Center.
(3) The Designator or party who submitted the letter of intent for investment shall, before
completion of or application for the industrial complex plan under Article 8, carry out an
examination of the surface of the earth for cultural assets under Article 91 (1) of the
Protection of Cultural Properties Act.
Article 8 (Industrial Complex Plan)
(1) The Designator shall make an industrial complex plan which includes the matters
falling under the following Subsections, and when the industrial complex plan is
completed, the development plan and the implementation plan under the Industrial Sites
and Development Plan shall be deemed complete:
1. Name of the industrial complex;
2. Purpose and necessity of designating industrial complex;
3. Location and size of the area to be designated;
4. Period and method of development for the industrial complex;
5. Major type of business to recruit;
6. Address and name of the developer;
7. Land use status of the project area;
8. Land use plan and infrastructure construction plans;
9. Plan for raising capital resources;
10. Detailed list of land, structures, other articles or rights to expropriate or be
used, if applicable;
11. Energy use plan; and
12. Other matters as determined by Presidential Decree.
(2) In the event of a request for the designation of the industrial complex, any private
enterprise, etc. shall formulate an industrial complex plan which contains each of the
matters falling under each Subsection of Section (1) and submit it to the Designator for
approval thereof.
(3) When applying for approval for the industrial complex plan under Section (2), the
private enterprise, etc. shall attach the documents falling under the following Subsections,
which are needed for consultation and deliberation related to approval for the industrial
complex plan in the areas of environment, traffic, etc. to the development plan, provided
that the Designator, if it is deemed necessary for more efficient facilitation of the
designation and development of the industrial complex, may allow the applicant to
submit such documents within a separately designated submission period:
1. Documents regarding basic urban planning, (referring only to a case where a
change in basic urban planning is obtained by the completion or approval of the
industrial complex plan under Article 15);
2. Documents regarding the basic plan for public water reclamation, (referring
only to a case where a change in the Basic Plan for Public Water Reclamation is
obtained by the completion or approval of the industrial complex plan under
Article 15);
3. Documents regarding a draft of a pre-examination report on environmental
impact, etc. under the Framework Act on Environmental Policy or a draft
assessment report on environmental impact, etc. under the Act on Assessment of
Impacts on the Environment, Traffic, Disaster, etc.;
4. Documents regarding the traffic impact assessment, (referring to an analysis of
impacts on traffic and countermeasures under the Urban Traffic Improvement
Promotion Act beginning on Jan. 1, 2009. Hereinafter the same shall apply.),
under the Act on Assessment of Impacts on the Environment, Traffic, Disaster,
etc., a disastrous impact assessment, (referring to a pre-examination of and
consultation on the impact of a disaster under the Act on Countermeasures for
Natural Disasters beginning on Jan. 1, 2009. Hereinafter the same shall apply.),
and a population impact assessment;
5. Results of the examination of the ground area for cultural assets under the
Protection of Cultural Properties Act;
6. An energy use plan under the Energy Use Rationalization Act; and
7. Other documents which are related to the approval for the industrial complex
plan.
(4) When applying for approval for an industrial complex plan pursuant to Section (2),
necessary matters concerning an approval for the industrial complex plan shall be
determined by Presidential Decree.
Article 9 (Hearing of Residents’ Opinions)
(1) In the event of intending to formulate an industrial complex plan or receiving an
application for an approval thereof, the Designator shall notify daily newspapers whose
distribution ranges include the project area, and post the news on the internet homepages
of relevant agencies so the general public has access to the notice for more than 20 days.
In the event of receiving an application for approval, the Designator shall give public
notice within 3 working days of its receipt.
(2) The Designator shall hear the opinions of residents in accordance with Section (1),
and shall also hear opinions about the assessment reports, etc. which are prepared for a
pre-examination of impacts on the environment under the Framework Act on
Environmental Policy, or assessment of impacts on the environment, transportation
impact assessment, disaster impact assessment and population impact assessment under
the Act on Assessment of Impacts on the Environment, Traffic, Disaster, etc.
(3) Notwithstanding Article 25-5 of the Framework Act on Environment Policy and
Article 6 of the Act on Assessment of Impacts on the Environment, Traffic, Disaster, etc.,
the Designator may have the developer under Subsection 6 of Article 8 (1), (hereinafter
referred to as the “Developer”), hold a joint conference or joint public hearing within 10
days, (in terms of working days), from the date of notice under Section (1), and explain
the industrial complex plan, matters regarding pre-examination of impacts on the
environment under the Framework Act on Environmental Policy, matters, etc. regarding
the assessment of impact on the environment, assessment of impact on traffic, assessment
on the impact of disaster and assessment of impact on population under the Act on
Assessment of Impacts on the Environment, Traffic, Disaster, etc.. In this case, necessary
matters concerning the method and procedures for holding a joint conference or joint
public hearing shall be determined by Presidential Decree.
(4) Any person who has an opinion on the proposal of the industrial complex plan who is
publicly notified under Section (1) may submit his written opinion to the Designator or
the Developer.
(5) The Designator may, if necessary, solicit the opinions of the residents under the
provisions of Sections (1) through (4), request the head of the City/Gun or the district
office, (referring to the head of a self-governing district. Hereinafter the same shall
apply.), and the head of the City/Gun or the district office who receives the request shall
cooperate.
Article 10 (Consultation with Authorities Concerned)
(1) In the event of consultations with the heads of the administrative agencies concerned
in order to formulate or approve an industrial complex plan, the Designator shall
commence the consultation process in the areas needed for approval for the industrial
complex plan, provided that upon receiving the documents from the private enterprise,
etc. for which the submission deadline is separately set under other partial provision than
each Subsection of Article 8 (3), the Designator shall commence consultation
immediately.
(2) The head of the administrative agency concerned shall return his opinion within 10
days, (in terms of working days), of receipt of the consultation request, provided that the
consultation period under the Protection of Military Installations Act shall be 15 days, (in
terms of working days).
(3) In the event of not returning his opinion within the consultation period under Section
(2), the head of the administrative agency concerned is deemed to have agreed upon the
application of the industrial complex plan.
(4) The head of the administrative agency concerned may request the Designator to
supplement the documents only one time, and the supplementation request will not be
counted as part of the consultation period.
Article 11 (Coordination Committee)
(1) If any disputes arise among the agencies after the consultation with the agencies
concerned under Article 10, the Designator may hold a coordination Committee for the
administrative agencies concerned to coordinate the disputes among the agencies.
(2) The Designator shall notify each administrative agency head of the date, time, place,
and agenda of the conference no fewer than five days prior to the conference, and the
head of the administrative agency who receives the notice thereof shall arrange for a
public official from his agency to attend the Coordination Committee. In this case, if an
agency does not attend the conference after being notified or the agency does not submit
its opinion, consultation with this agency is deemed complete.
(3) The Designator shall arrange for the Developer to attend the Coordination Committee
and offer his opinion.
Article 12 (Coordination of Consultation with Central Administrative Agencies)
(1) If coordination is necessary because the consultation with the central administrative
agencies was not completed after carrying out the steps under Articles 10 and 11, the
Minister may, after receipt of the Designator’s request, request the Prime Minister to
mediate the disputes, provided that in the case of the national industrial park, the Minister
may directly request the Prime Minister to mediate the disputes.
(2) In the event of requesting the Prime Minister to mediate the disputes in accordance
with Section (1), the Minister shall attach any related data, including documents related
to the disputes and review opinions, etc.
(3) If the Prime Minister coordinates the disputes with the central administrative agencies,
the Developer may submit his written opinion.
(4) An organization in the Prime Minister’s Office which handles matters concerning
dispute mediation under Section (1) of this article may be established.
(5) Matters concerning the function and operation of the organization to be established in
the Prime Minister’s Office under Section (4) shall be determined by Presidential Decree.
Article 13 (Preparation of Technical Examination Report)
(1) The Designator shall, after hearing the opinions of residents and completing the
consultations with the departments and administrative agencies concerned and
coordinating their approach, draw up a technical examination report prepared by experts
regarding the matters on which views differ.
(2) If deemed necessary for drawing up the technical examination report, the Designator
may request manpower assistance and deliver data to the relevant agencies, and the
requested agencies shall comply with this request without any special conditions.
Article 14 (Deliberation of Deliberation Committee)
(1) To formulate or approve the industrial complex plan under Article 8, the Minister
shall undergo deliberation with the Central Industrial Complex Planning, and
Deliberation Committee, and Metropolitan City Mayor/Do governor or the head of the
City/Gun and head of the district office shall undergo the deliberation of the Regional
Industrial Park Planning and Deliberation Committee, respectively.
(2) The Developer may submit his final opinion report to the Deliberation Committee,
and the Deliberation Committee may decide whether or not to approve the plan after
comprehensively examining the industrial complex plan, the Developer’s final opinion
report, and the technical examination report by relevant experts outlined under Article 13.
(3) When the deliberation of the Deliberation Committee is completed, it shall be deemed
that the deliberations of the deliberation committees or committees falling into the
following Subsections are obtained or completed:
1. Industrial Sites Policy Deliberation Committee under the Industrial Sites and
Development Act;
2. Central Urban Planning Committee or Regional Urban Planning Committee
under the National Land Planning and Utilization Act;
3. Deliberation Committee for Impacts on Traffic and Assessment Committee of
Impacts on Disaster under the Act on Assessment of Impacts on the Environment,
Traffic, Disaster, etc.;
4. Committee having deliberation authority over the energy use plan under the
Energy Use Rationalization Act;
5. The Wide-area Traffic Committee for the Metropolitan City under the Special
Act on Wide-area Traffic Management in Metropolitan City;
6. Mountainous District Management Committee under the Mountainous District
Management Act.
Article 15 (Notice, etc. of Approval for Industrial Complex Plan)
(1) The Designator shall establish or approve the application of the industrial complex
plan after deliberation by the Deliberation Committee and give a public notice about the
result thereof in the official gazette or bulletin. In this case, any required conditions may
be attached.
(2) The approval notice for the industrial complex plan under Section (1) shall be deemed
equivalent to the designation notice of the industrial complex plan under Articles 7-4 and
8 of the Industrial Locations and Development Act, and the approval notice for the
implementation plan under Article 19-2 of the same Act.
(3) The provisions described in Articles 8 through 17 and 20 through 27 shall apply
mutatis mutandis to changes in the industrial complex plan, provided that in the case of
minor changes as determined by the Presidential Act, deliberation by the Deliberation
Committee under Article 14 shall not be required.
Article 16 (Restriction on the Approval Period for the Industrial Complex Plan)
(1) If private enterprises, etc. applied for a designation of the industrial complex in
accordance with Article 8 (2), the Designator shall decide whether or not to approve it
and give notice within 6 months of receipt of the application for approval of the industrial
complex plan, provided that the same shall not apply if there are any proper reasons, as
prescribed by Presidential Decree.
(2) In the event of a request for a pre-examination of the environmental review under the
Framework Act on Environmental Policy and for consultation on the environmental
impact assessment under the Act on Assessment of Impacts on the Environment, Traffic,
Disaster, etc., the Designator shall request the consultations within 4 months of the
application date for approval of the industrial complex plan.
(3) The heads of the administrative agencies concerned shall give maximum effort to
comply with the approval period under Section (1) by observing the consultation period,
etc.
Article 17 (Application for Agricultural and Industrial Complex)
(1) This Article shall apply to the case of designating and developing the agricultural and
industrial complex under Item D of Subsection 5 of Article 2 of the Industrial Locations
and Development Act.
(2) The head of the City/Gun or head of district office who receives a letter of intent for
investment under Article 7 (1) may request feasibility studies, etc. on the relevant
industrial complex development project from the Support Center of the City/Do to which
the planned site of the industrial complex described in the letter of intent belongs.
(3) The Support Center, which receives requests for feasibility studies from the head of
the City/Gun or the district office, etc., shall review the study and send it to the
corresponding head of the City/Gun or the district office.
(4) The head of the City/Gun or the district office may, if deemed necessary for
consultation, etc. by the authorities concerned, request assistance with expert advice,
coordination, etc. of disputes among the authorities concerned, etc. from the Support
Center of the City/Do to which the planned site of the industrial complex belongs.
(5) Notwithstanding Article 13 (1), the head of the City/Gun or the district office may
request the Support Center in the City/Do to which the planned site of the industrial
complex belongs to draw up a technical examination report by related experts and, in this
case, the Support Center shall draw up the technical examination report and send it to the
head of the City/Gun or the district office within 10 days of the request.
(6) The head of the City/Gun or the district office shall, in pursuance to Article 14 (1),
undergo the deliberation of the Regional Industrial Park Planning and Deliberation
Committee installed in the City/Do to which the planned site of the industrial complex
belongs, to establish or approve the application for the industrial complex plan under
Article 8, and when the deliberation of the Regional Industrial Planning and Deliberation
Committee is completed, it is deemed equivalent to obtain approval from the Mayor of a
Metropolitan City/Do Governor under Article 8 (2) of the Industrial Sites and
Development Act.
(7) The provisions of Sections (2) through (6) shall apply mutatis mutandis when the
head of the City/Gun or the district office designate and develop the general industrial
park, etc.
Article 18 (Management of Industrial Location Information Networks)
(1) In the event of receiving an application for approval of the industrial complex plan
under Article 8 (2), the Designator shall immediately publish the subject matter on the
industrial sites information network under Article 5-3 of the Industrial Sites and
Development Act, (hereinafter referred to as the “Industrial Sites Information Networks”),
and also shall publish its processing status and results, etc. relating to the approval for the
industrial complex plan, in real time.
(2) The agencies which receive requests for consultation, assessment, examination, etc.
related to the industrial complex plan shall publish the requested content, its processing
status and results, etc., to the Industrial Sites Information Networks.
(3) The Prime Minister and the Minister may, if according to the information stored in the
Industrial Sites Information Networks that the designation of the industrial complex and
development procedures are delayed, request the corresponding Designator to submit the
specific status of the development and cause of delay, and if necessary, hold a conference
for the administrative agencies concerned.
Article 19 (Consolidated Standards for the Industrial Complex Plan)
(1) The Minister of Defense, the Minister of Public Administration and Safety, the
Minister of Food, Agriculture, Forestry, and Fisheries, the Minister of Knowledge and the
Economy, the Minister of the Environment, the Administrator of National Emergency
Management, the Administrator of the Cultural Heritage Administration, and the Minister
of the Korea Forest Service, etc., shall establish any standards to be applied in the
formulation and approval of the industrial complex plan and submit it to the Minister.
(2) The Minister shall consolidate the standards established for the industrial complex
plan and other standards of the industrial complex plan submitted by the other agencies
under Section (1), and announce the consolidated standards after consultations with the
Mayor/Do Governor and the heads of the administrative agencies concerned, and may
request coordination with the Prime Minister if there are any disputes in the consultation
process.
(3) In the event of establishing the standards for the industrial complex plan under
Sections (1) and (2), the Minister and the heads of the administrative agencies concerned
shall not include in the standards thereof any regulations which are stronger than those
stipulated by relevant laws and regulations.
(4) The consolidated standards for the industrial complex plan announced under Section
(2) shall apply prior to other standards, and while in consultation with the heads of the
administrative agencies concerned under Article 10, the head of the administrative
agency concerned shall not suggest any consultation opinion based on subject matter
which is not specified in the consolidated standards, which is a disadvantage to the
Developer.
Article 20 (Access to and Use of Land, etc.)
(1) In the event of intending to investigate or survey the land to establish the industrial
complex plan, the Designator or the person who submitted the letter of intent for
investment may have access to another person’s land or make temporary use of such land
as a storage yard or temporary road, but shall not be allowed to alter or remove plants and
trees, soil, dirt and stones, or other obstacles.
(2) A person who intends to have access to another person’s land shall get permission in
advance from the Designator.
(3) With respect to access etc. to another person’s land under Section (1), the provisions
of Article 130 (2) through (9) and 131 of the National Land Planning and Utilization Act
shall apply mutatis mutandis.
Chapter 3: Special Cases to Shorten the Development Period of Industrial Complex
Article 21 (Special Cases Concerning Application of the National Land Planning and
Utilization Act)
When the industrial complex plan is established or approved under the Article 15, it is
deemed that basic urban planning has been established or modified under Articles 18 and
22 of the National Land Planning and Utilization Act and the industrial complex plan is
approved by the Minister and the Mayor/Do Governor, provided that the same shall apply
only to cases where the size of the planned industrial complex is no larger than the size of
the total land to be urbanized under the plan, according to the Basic Urban Planning of
the City/Gun, to which the corresponding planned industrial complex belongs.
Article 22 (Special Cases Concerning the Application of the Public Water Reclamation
Act)
(1) When the industrial complex plan is established or approved under the Article 15, it is
deemed that the Basic Plan for Public Water Reclamation has been established or
modified.
(2) In the event of intending to establish or approve an industrial complex plan which has
content related to the formulation or modification of the basic plan for public water
reclamation, the Designator shall have a consultation with the Minister. In this case, the
Minister shall complete the consultation within 20 days, (in terms of working days), of
the request.
Article 23 (Special Cases Concerning the Application of the Act on Assessment of
Impacts on the Environment, Traffic, Disaster, etc.)
(1) Notwithstanding the Framework Act on Environmental Policy, the Designator or the
Developer shall examine or assess the impacts of the development of the industrial
complex on the environment according to the classifications of the following
Subsections:
1. If the size of the planned industrial complex is less than 150,000 square
meters: pre-examination of impacts on the environment under the Framework
Act of Environmental Policy, (the assessment of impacts on the environment
under the Act on Assessment of Impacts on the Environment, Traffic, Disaster,
etc. is not executed); and
2. If the size of the planned industrial complex is larger than or equal to 150,000
square meters: assessment of impacts on the environment under the Act on
Assessment of Impacts on the Environment, Traffic, Disaster, etc., (pre-
examination of impacts on the environment under the Framework Act of
Environmental Policy is not executed).
(2) Notwithstanding Article 25-6 (1) of the Framework Act on Environmental Policy, the
head of the administrative agency requested for consultation on pre-examination of the
environmental impacts of the industrial complex development project shall notify the
Designator of his opinion on the pre-examination of environmental impacts. In this case,
the head of the consulting agency may, if there exist any special grounds as prescribed by
Presidential Decree, request supplements to the documents for the Designator or
Developer only once, and the period for document supplementation shall not be included
when counting the days of the consultation period.
(3) Notwithstanding Article 20 of the Act on Assessment of Impacts on the Environment,
Traffic, Disaster, etc., the head of the administrative agency requested for consultation
over the industrial complex assessment report shall offer his opinion on consultation over
the assessment to the Designator within 45 days of receipt of the assessment report. In
this case, the head of the consulting agency may, if there exist any special grounds as
prescribed by Presidential Decree, request supplements to the documents from the
Designator or the Developer only one time, and the period in which the documents are
supplemented, complementing the documents are not included in counting the
consultation period.
(4) When the pre-examination of impacts on the environment prescribed by the
Framework Act on Environmental Policy or the assessment of impacts on the
environment prescribed by the Act on Assessment of Impacts on the Environment,
Traffic, Disaster, etc. is executed, the Designator may, based on the examination report
from the Support Center under the Subsection 5 of Article 5 (6), consult with the head of
the government consulting agency and investigate the environmental impact that will be
caused by the project not more than twice a year.
Article 24 (Special Cases in the Application of the Special Act on Wide-area Traffic
Management in Metropolitan City) Notwithstanding Article 7-2 (1) of the Special Act on
Wide-area Traffic Management in Metropolitan City, if the planned industrial complex
site is classified as a large scale development project under the same Article, the
Developer of the relevant industrial complex development project may establish a wide-
area traffic improvement program and submit to the Minister.
Article 25 (Special Cases in the Application of the Mountainous District Management
Act) When the industrial complex plan is established or approved under Article 15, the
protection of the mountainous area is deemed to have modified or revoked under Article
6 of the Mountainous Area Management Act.
Article 26 (Special Cases in the Application of the Capital City Act) When the industrial
complex plan is established or approved under Article 15, it is deemed that the basic plan
for improving the capital city is established or modified under Article 4 of the Capital
City Act, and it is approved by the Minister and the Minister of Environment.
Article 27 (Special Cases in the Application of the Sewage Act) When the industrial
complex plan is established or approved under Article 15, it is deemed that the basic plan
for improving sewage is established or modified under Article 6 of the Sewage Act,
which was approved by the Minister of the Environment.
ADDENDA <No. 9106, Jun. 5, 2008>
Article 1 (Enforcement Date) This Act shall enter into effect 3 months after the date of its
promulgation.
Article 2 (Transitional Measures for the Industrial Complex under Designation and
Development under the Industrial Sites and Development Act) For the industrial complex
which the designation and development process is undergoing pursuant to the Industrial
Sites and Development Act when this Act enters into effect, the provisions of Articles 6
and 9 through 16 shall apply.
Article 3 (Revision of Other Laws and Regulations)
(1) A part of the Act on Industrial Location and Development shall be amended as
follows:
In Subsection 3 of Article 21 (1), the “permission for the execution of a public sewerage
construction under Article 13 of the Sewerage Act and permission for the occupation of
public sewerage under Article 20 of the same Act” is amended into the “permission for
the execution of a public sewerage construction under Article 16 of the Sewerage Act and
permission for the occupation of public sewerage under Article 24 of the same Act”, and
in Subsection 5 of the same Article, the “permission for the execution of a harbor
construction under Article 9 (2) of the Harbor Act and approval for an execution plan
under Article 10 (2) of the same Act” is amended into the “modification (approval) of
basic harbor plan under Article 7 of the Harbor Act and permission for the execution of a
harbor construction under Article 9 (2) of the same Act and approval for an execution
plan under Article 10 (2) of the same Act”, and in Subsection 6 of the same Article, the
“permission for the execution of river works under Article 30 of the River Act,
permission for the occupation of rivers under Article 33 of the same Act and permission
for the use of river waters under Article 50 of the same Act” is amended into the
“consultation with management agency or approval under Article 6 of the River Act,
modification of the basic plan for river maintenance and execution plan of river
construction under Article 25 and 27 of the same Act, permission for the execution of
river works and authorization for an execution plan for river works under Article 30 of
the same Act, permission for occupation of the river under Article 33 of the same Act,
and permission to use river waters under Article 50 of the same Act,” and in Subsection 9
of the same Section, the “permission for or consultation about the conversion of
agricultural land under Article 34 of the Farmland Act” is amended into the “revocation
of the agriculture promotion area under Article 31 of the Farmland Act, permission for or
consultation about the conversion of agricultural land under Article 34 of the same Act,”
and Subsection 36 is newly inserted in the same Section as follows:
(36) Modification and revocation of the designation of forestry promotion area under
Article 20 of the Act on Promotion and Furtherance of Forestry and Mountain Villages.
(2) A part of the Act on Development and Operation of Logistic Facilities shall be
amended as follows:
Article 59-2 is newly inserted in Chapter 4 as follows:
Article 59-2, (Mutatis Mutandis Application of Special Act on Simplification of
Procedures for Authorization and Permission for Industrial Complex):
(1) The Special Act on Simplification of Procedures for Authorization and Permission
for an Industrial Complex shall apply mutatis mutandis to the procedures for the
designation and development of a logistics complex, provided that Articles 17 and 18 of
the same Act shall not apply mutatis mutandis;
(2) When the Special Act on Simplification of Procedures for Authorization and
Permission for an Industrial Complex applies mutatis mutandis, it is deemed to replace
the provisions as follows:
“Industrial complex” for “logistics complex under Subsection 6 of Article 2”; “national
industrial park” for “logistics complex designated by the Minister under the main clause
of Article 22 (1)”; “the support center for industrial park development” for “the support
center for logistics complex development”; “industrial park planning and deliberation
committee” for “logistics complex planning and deliberation committee”; “central
industrial park planning and deliberation committee” for “central logistics complex
planning and deliberation committee”; “regional industrial park planning and deliberation
committee” for “regional logistics complex planning and deliberation committee”;
“industrial complex planning” for “logistics complex planning”; “private enterprise, etc.”
for “party other than the person who designates the logistics complex under Article 22 ;
“deliberation committee for industrial location policy” for “sub-committee for logistics
facilities under Subsection 2 of Article 19 (1) of the Framework Act of the Logistics
Policy or regional logistics policy committee under Article 20 of the same Act”;
“consolidated standards for industrial complex planning” for “consolidated standards for
logistics complex planning.”
(3) The Minister may request the designator of the logistics complex for data regarding
project development status, etc. to smoothly carry out the designation and development of
the logistics complex, and if necessary for consultation, etc. with the authorities
concerned, the Minister may request the Prime Minister to mediate.
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