Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on Special Cases concerning Support for Technoparks and matters necessary for the implementation thereof.
[This Article Wholly Amended on May 31, 2013]
Article 2(Formulation of Plans to Develop Technoparks) #
(1) A plan to develop Technoparks formulated under Article 3 of the Act on Special Cases concerning Support for Technoparks (hereinafter referred to as the “Act”) shall include the following matters:
1. Basic direction-setting concerning development of Technoparks;
2. Matters concerning criteria for development, etc. of Technoparks;
3. Matters concerning financial support for development of Technoparks;
4. Matters concerning the integration, linked operation, etc. with projects similar to those prescribed in the items of subparagraph 1 of Article 2 among projects prescribed in the items of subparagraph 1 of Article 2 of the Act carried out at Technoparks or projects executed or supported by the State or a local government;
5. Other matters necessary to foster and support Technoparks.
(2) The Minister of SMEs and Startups may, if necessary for the formulation of a plan to develop Technoparks, request the heads of relevant agencies, education and research institutions, and other relevant agencies and associations to submit relevant data. <Amended on Jul. 26, 2017>
(3) The Minister of SMEs and Startups shall, when formulating a plan to develop Technoparks, consult with the heads of relevant central administrative agencies. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on May 31, 2013]
Article 3(Designation of Project Implementer) #
(1) The Minister of SMEs and Startups shall designate a project implementer (hereinafter referred to as a “project implementer”) prescribed in Article 4 of the Act, from among persons who have submitted project plans that meet the following requirements: <Amended on Jul. 26, 2017>
1. The plan concerning the development and operation of Technoparks shall be specific and feasible;
2. The financing plan necessary for project implementation shall help achieve its project objectives;
3. Technoparks to be developed shall meet the criteria for development of Technoparks set forth in Article 2 (1) 2 and other standards notified by the Minister of SMEs and Startups as deemed necessary.
(2) When designating a project implementer, the Minister of SMEs and Startups shall consult with the heads of the relevant central administrative agencies. <Newly Inserted on Jul. 26, 2017>
[This Article Wholly Amended on May 31, 2013]
Article 3-2(Request for Business Cooperation from Project Implementer) #
“Agencies prescribed by Presidential Decree” in the former part of Article 4-2 (3) of the Act, means agencies established under the attached Table.
[This Article Newly Inserted on Nov. 19, 2014]
Article 4(Contents of Operating Guidelines) #
(1) The guidelines for operating Technoparks prescribed in Article 7 of the Act, shall include the following: <Amended on Jul. 26, 2017>
1. Standards for taking occupancy;
2. Matters concerning information exchange;
3. Matters concerning technology transfer;
4. Technopark management plans;
5. Matters concerning promoting investment in Technoparks;
6. Other matters deemed necessary by the Minister of SMEs and Startups.
(2) When amending the guidelines for operation, the Minister of SMEs and Startups shall consult with the heads of the relevant central administrative agencies. <Newly Inserted on Jul. 26, 2017>
[This Article Wholly Amended on May 31, 2013]
Article 4-2(Evaluation of Business Performance) #
(1) The Minister of SMEs and Startups shall organize and operate a committee for the evaluation of business performance prescribed in Article 7-2 (1) of the Act. <Amended on Jul. 26, 2017>
(2) When evaluating business performance as prescribed in Article 7-2 (1) of the Act, the Minister of SMEs and Startups shall notify a project implementer of the evaluation index concerning institutional management, key business areas, outcomes, etc., future directions, evaluation schedules, etc. in advance. <Amended on Jul. 26, 2017>
(3) The Minister of SMEs and Startups may request a project implementer to submit the following data prescribed in Article 7-2 (2) of the Act: <Amended on Jul. 26, 2017>
1. A report on the business performance of the previous year, including the following matters:
(a) The current status and results of major projects;
(b) The current status of organizations, human resources, and financial management;
(c) The results of improved management;
2. A report on a business plan for the next year.
(4) The Minister of SMEs and Startups may, if necessary for the evaluation of business performance, conduct spot inspections, interview the relevant person, etc. <Amended on Jul. 26, 2017>
(5) Except as provided in paragraph (1) through (4), matters necessary for composition, operation, evaluation index, etc. shall be determined and publicly notified by the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Nov. 19, 2014]
Article 5(Scope of Facilities for Test Production) #
“Any facility for test production prescribed by Presidential Decree” in Article 8 (1) of the Act means a prototype production facility (excluding the prototype production facility intending to commercialize and sell the outcomes of research and development).
[This Article Wholly Amended on May 31, 2013]
Article 5-2(Establishment of Urban Factory) #
(1) “The areas prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 8 (2) of the Act means any of the following areas:
1. A conservation and control area prescribed in Article 36 (1) 2 (a) of the National Land Planning and Utilization Act;
2. An agricultural and forest area prescribed in Article 36 (1) 3 of the National Land Planning and Utilization Act;
3. A natural environment conservation area prescribed in Article 36 (1) 4 of the National Land Planning and Utilization Act;
4. An exclusive residential area prescribed in subparagraph 1 (a) of Article 30 of the National Land Planning and Utilization Act;
5. A green conservation area prescribed in subparagraph 4 (a) of Article 36 of the National Land Planning and Utilization Act.
(2) “An enterprise prescribed by Presidential Decree” in the provisions, with the exception of the subparagraphs, of Article 8 (2) of the Act means any of the following enterprises: ＜Amended on May 6, 2015＞
1. A small and medium-sized business enterprise of a founder prescribed in subparagraph 2 of Article 2 of the Support for Small and Medium Enterprise Establishment Act;
2. Venture businesses prescribed in Article 2 (1) of the Act on Special Measures for the Promotion of Venture Businesses;
3. An enterprise that meets the following requirements:
(a) It shall be a middle-standing enterprise that meets each of the requirements prescribed in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;
(b) At the time of submitting the application for consent pursuant to Article 5-3 (1), the period for which it has maintained its position as a middle-standing enterprise shall not exceed three consecutive years.
(3) “Urban factory prescribed by Presidential Decree” in provisions, with the exception of the subparagraphs, of Article 8 (2) of the Act means the factory falling under subparagraph 1 of Article 34 of the Enforcement Decree of Industrial Cluster Development and Factory Establishment Act.
[This Article Wholly Amended on May 31, 2013]
Article 5-3(Procedure for Application for Consent) #
(1) An enterprise which intends to establish an urban factory, as prescribed in Article 8 (3) of the Act, shall submit a written application for consent to the corporation as a project implementer, as prescribed by Ordinance of the Ministry of SMEs and Startups. <Amended on Jul. 26, 2017>
(2) The Governor of a Metropolitan Autonomous Province and the head of a Si/Gun/Gu (meaning the head of an autonomous Gu) may, in verifying the structural safety of buildings, as prescribed in Article 8 (3) of the Act, if necessary for the specialized examination, have any of the following persons examine matters concerning the structural safety:
1. A certified architect prescribed in subparagraph 1 of Article 2 of the Certified Architects Act;
2. A building structure engineer prescribed in Article 81 (6) of Enforcement Decree of the Building Act.
[This Article Wholly Amended on May 31, 2013]
Article 5-4(Rate of Area of Urban Factory Established) #
“Rate prescribed by Presidential Decree” in Article 8 (4) of the Act means 1/2. <Amended on Jul. 21, 2010>
[This Article Newly Inserted on Jul. 2, 2007]
Article 5-5(Management Regulations for Urban Factories) #
The corporation which is a project implementer shall formulate and notify the management regulations for urban factories, which include the following matters concerning the establishment and operation of urban factories, in accordance with Article 8 (6) of the Act: <Amended on Jul. 21, 2010>
1. Type of business established;
2. Period of establishment;
3. Area established;
4. Procedure for establishment;
5. Other matters necessary for the establishment and operation of urban factories.
[This Article Newly Inserted on Jul. 2, 2007]
Article 6(Restrictions on Installation of Facilities and Occupancy) #
(1) The buildings and facilities, installation of which is subject to restrictions inside Technoparks as set forth in Article 9 (1) of the Act shall be as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Private teaching institutes prescribed in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
2. Singing rooms prescribed in subparagraph 13 of Article 2 of the Music Industry Promotion Act;
3. Massage parlors prescribed in Article 82 (4) of the Medical Service Act;
4. Karaoke bars prescribed in subparagraph 8 (c) of Article 21 of Enforcement Decree of the Food Sanitation Act, and entertainment bars prescribed in item (d) of the same subparagraph;
5. In addition, buildings and facilities determined by Ordinance of the Ministry of SMEs and Startups as hindering efforts to carry out the projects referred to in subparagraph 1 of Article 2 of the Act.
(2) Deleted. <Nov. 19, 2014>
[This Article Wholly Amended on May 31, 2013]
Article 7(Price of State-Owned Property) #
The selling price of state-owned property pursuant to Article 10 of the Act, shall be the arithmetical average of the prices appraised by at least two appraisal corporations (means an appraisal corporation referred to in Article 29 of the Act on Appraisal and Certified Appraisers). <Amended on Aug. 31, 2016>
[This Article Wholly Amended on May 31, 2013]
Article 8(Rent of State-Owned Property) #
(1) The annual rent for lease of state-owned property determined under Article 10 (7) of the Act shall be an amount obtained by multiplying property value calculated under Article 29 (2) of the Enforcement Decree of the State Property Act, by at least 10/1,000, and may be paid in monthly instalments. <Amended on Nov. 19, 2014>
(2) Where the same project implementer or an occupant prescribed in Article 10 (1) of the Act has owned the lease on the same state-owned property for at least two years and where the annual rent calculated pursuant to paragraph (1) increase by at least 10 percent compared to the previous year, an amount calculated under Article 31 of the Enforcement Decree of the State Property Act shall be the rent.
(3) The lease period of state-owned property prescribed in Article 10 of the Act shall not exceed 20 years.
(4) The lease period prescribed in paragraph (3) may be renewed. In such cases, the lease period shall not exceed the period prescribed in paragraph (3), whenever the lease is renewed.
[This Article Wholly Amended on May 31, 2013]
Article 8-2(Grounds for Refusing Renewal of Lease Contract) #
“Cases prescribed by Presidential Decree, such as continuous delay in payment of rent by the requester for at least three months” in Article 10 (10) of the Act means the following: <Amended on Jul. 26, 2017>
1. Where the rent is late for more than three consecutive months;
2. Where the designation of a project implementer has been revoked under Article 5-2 of the Act;
3. Where the State, a local government or the educational foundation of a private school, provides compensation for refusing to renew lease contract by mutual consent between parties concerned;
4. Where the Minister of SMEs and Startups deems that the property subject to lease fails to perform the function necessary for the formation and operation of Technoparks due to project suspension.
[This Article Wholly Amended on Nov. 19, 2014]
Article 9(Provision of Spare Facilities) #
(1) Where a person who has installed a private telecommunications system in accordance with Article 14 (2) of the Act provides any spare facility to a project implementer, he or she shall receive the same reward as he or she who has installed private telecommunications facilities pursuant to Article 51-9 of the Enforcement Decree of the Telecommunications Business Act provides surplus telecommunications facilities to a key telecommunications business implementer.
(2) The Minister of SMEs and Startups may select a person who operates the system necessary for realizing mutual informatization of Technoparks by using spare facilities prescribed in paragraph (1). In such cases, a person who operates the system necessary for realizing the informatization shall be a software business entity prescribed in subparagraph 4 of Article 2 of the Software Promotion Act. <Amended on Jul. 26, 2017; Dec. 8, 2020>
[This Article Wholly Amended on May 31, 2013]
Article 10(Payment of Contributions) #
(1) When contributions are paid to a corporation which is also a project implementer, as set forth in Article 17 of the Act, it may be paid according to the results of evaluation of progress in developing and operating Technoparks.
(2) The contributions prescribed in Article 17 of the Act may be paid in installments in consideration of the status, etc. of project implementation by a corporation which is a project implementer.
[This Article Wholly Amended on May 31, 2013]
Article 11(Management and Use of Contributions) #
(1) A project implementer in receipt of a contribution prescribed in Article 17 of the Act shall establish a separate account for the contribution, and manage it.
(2) The contributions made pursuant to paragraph (1) shall be used only to cover expenses incurred in the formation and operation of Technoparks.
(3) A person who has contributed funds to a project implementer, as prescribed in Article 17 of the Act may, where he or she has used the contribution for purposes other than those prescribed in paragraph (2) without any good cause, fully or partially recover such contributions.
[This Article Wholly Amended on May 31, 2013]
Article 12(Notification of Contribution of Research Base) #
A person who has established a research base, such as a research facility, test evaluation equipment, etc. shall, if he or she intends to donate or sell it or to allow a project implementer to use it, as set forth in Article 18 (1) and (2) of the Act, notify the head of a relevant central administrative agency or the head of a relevant local government of such fact. <Amended on Nov. 19, 2014>
[This Article Wholly Amended on May 31, 2013]
Article 13(Scope of Prioritized Funding) #
The Minister of SMEs and Startups or the competent Minister may prioritize providing the following funds to the enterprises, universities, research centers, etc. which have taken occupancy in a Technopark and which commercialize the outcomes of research and development, as prescribed in Article 19 of the Act, or request support from the head of a relevant administrative agency: <Amended on Jul. 26, 2017>
1. Funds to pursue the project for industrial technology innovation prescribed in subparagraph 7 of Article 2 of the Industrial Technology Innovation Promotion Act;
2. Funds for promoting information and communications technology industry prescribed in Article 41 of the Information and Communications Technology Industry Promotion Act;
3. Funds for promoting science and technology prescribed in Article 22 of the Framework Act on Science and Technology;
4. Other funds established by the government to promote the commercialization of the outcomes of research and development.
[This Article Wholly Amended on May 31, 2013]
Article 14(Dispatch of Public Official) #
(1) The State or a local government may, where a person who has taken occupancy in the Technoparks makes a request, dispatch its public official for a period of less than three years, as prescribed in Article 22 (1) of the Act.
(2) Where the State or a local government has made a request for the technical and managerial guidance pursuant to Article 22 (2) of the Act, the guidance institution, upon receipt of such request, may dispatch its executive officers and staff members for a period of less than three years.
[This Article Wholly Amended on May 31, 2013]
Article 15(Scope of Guiding Institution) #
The guiding institutions prescribed in Article 22 (2) of the Act shall be as follows: <Amended on May 24, 2001; Dec. 5, 2002; Dec. 3, 2004; Jul. 2, 2007; Jun. 25, 2014; May 31, 2016>
1. The government-funded research institutes prescribed in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes. and the government-funded science and technology institutes prescribed in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Institutes;
2. The technology guarantee fund prescribed in Article 12 of the Korea Technology Finance Corporation Act;
3. Korea trade-investment promotion agency prescribed in the Korea Trade-Investment Promotion Agency Act;
4. Korea Institute of Design Promotion prescribed in Article 11 of the Industrial Design Promotion Act;
5. Specific research institutes prescribed in Article 2 of the Specific Research Institutes Support Act.
Article 15-2(Matters subject to Resolution of the Council) #
“Important matters prescribed by Presidential Decree, such as matters related to the ratification and amendment of the articles of incorporation, and the dissolution and liquidation of the corporation, as prescribed by Presidential Decree“ in Article 22-4 (1) of the Act means the following matters:
1. Matters concerning the ratification and amendment of the articles of incorporation;
2. Matters concerning the dissolution and liquidation of the corporation;
3. Matters concerning deliberation on the project plan and budget;
4. Matters concerning the approval of project outcomes and settlement of accounts;
5. Matters concerning the amount of loans and the disposition and management of the underlying property;
6. Requests for the approval, and requests to revoke approval concerning the appointment of a chairperson;
7. Matters concerning the appointment and dismissal of executive officers (excluding a chairperson);
8. Matters concerning the transfer to basic property and the use of the proceeds;
9. Matters requiring resolutions of the committee in accordance with the articles of incorporation.
[This Article Newly Inserted on Nov. 19, 2014]
Article 15-3 #
Deleted. <Dec. 31, 2009>
Article 16(Entrustment of Duties) #
The Minister of SMEs and Startups shall, pursuant to Article 24 of the Act, entrust the following duties to the Korea Technology and Information Promotion Agency for Small and Medium Enterprises under Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises: <Amended on Jul. 26, 2017; Feb. 28, 2022>
1. Duties concerning the evaluation of business performance prescribed in Article 7-2 of the Act;
2. Duties of evaluating progress in developing and operating Technoparks prescribed in Article 10 (1).
[This Article Wholly Amended on May 31, 2013]
[Title Amended on Feb. 28, 2022]