the english version is translated and uploaded only for...

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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

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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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