Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters delegated by the Act on Special Measures for Structural Improvement of Small and Medium Enterprises and Vitalization of Customary Markets and those necessary for enforcement of the Act.
Article 2(Restructuring Support Plan, etc.) #
The Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”) shall, when he intends to devise the restructuring support plan under Article 3 of the Act on Special Measures for Structural Improvement of Small and Medium Enterprises and Vitalization of Customary Markets (hereinafter referred to as the “Act”), listen to the opinions of the agencies supporting the small and medium enterprises and other institutions or organizations related to the said enterprises, which are located in the competent areas.
Article 3(Emergency Support Plan for Managerial Stabilization) #
(1) An emergency support plan for managerial stabilization under Article 4 of the Act shall be devised in case where deemed that an urgent support is required for the managerial normalization of small and medium enterprises, in the areas in which the small and medium enterprises closing temporarily or discontinuing their businesses or suspending their operation have been remarkably increased in comparison to other areas, due to the bankruptcy of related enterprises, occurrence of a natural disaster, decrease of exports or increase of imports, etc.
(2) An emergency support plan for managerial stabilization under paragraph (1) shall include matters falling under the following subparagraphs:
1. Districts to be supported;
2. Enterprises to be supported;
3. Period of support;
4. Details of support by related central administrative agency, such as funds, location, manpower support, and technical guidance; and
5. Other matters necessary for an emergency support for managerial stabilization.
(3) The head of competent central administrative agency shall, where he intends to devise an emergency support plan for managerial stabilization, consult with the head of related central administrative agency, and may request the head of the said agency to submit the actual record of promotion of such support plan.
Article 4(Conversion of Business Category for Support) #
Businesses eligible for a preferential support following a conversion of business category under Article 5 (1) of the Act shall be such business categories as falling under any of the following subparagraphs:
1. Business category with not much possibility of a growth of purchasing power cue to the decrease of demands in both domestic and foreign markets;
2. Business category with not much possibility of a recovery of competitive power due to the aggravation of conditions of international competition;
3. Business category with simple contents of production technology, whose competitive conditions in wages are remarkably unfavorable in comparison with other countries;
4. Business category with heavy dependence on imports of raw materials, whose prices are continuously elevated;
5. Business category with excessive induction of pollution, whose conversion into an environment-friendly business structure is difficult;
6. Business category with excessive facility investments, for which a rational adjustment is required for its production facilities;
7. Labor-intensive business category with serious manpower shortage, for which the expansion of manpower supply is difficult; and
8. Other business categories deemed by the Administrator of the Small and Medium Enterprise Administration to be in need of a conversion of business category as they structurally face with difficulties in securing their competitiveness.
Article 5 #
Deleted.<by Presidential Decree No. 17658, Jun. 29, 2002>
Article 6 #
Deleted.<by Presidential Decree No. 17658, Jun. 29, 2002>
Article 7 #
Deleted.<by Presidential Decree No. 17658, Jun. 29, 2002>
Article 8 #
Deleted.<by Presidential Decree No. 17658, Jun. 29, 2002>
Article 9 #
Deleted.<by Presidential Decree No. 17658, Jun. 29, 2002>
Article 10(Investigation, etc. of Settlement Conditions for Prices of Commodities) #
(1) The Administrator of the Small and Medium Business Administration may, pursuant to Article 8 (1) and (2) of the Act, conduct an investigation on any enterprise engaged in the transaction of commodities for matters falling under any of the following subparagraphs:
1. Method of payment for commodities;
2. Period of payment for commodities; and
3. Other matters deemed by the Administrator of the Small and Medium Business Administration necessary for the settlement conditions for prices of commodities.
(2) For the purpose of Article 8 (2) of the Act, the term “small and medium enterprises in excess of the size as prescribed by the Presidential Decree” means the medium enterprises under Article 2 (2) of the Framework Act on Small and Medium Enterprises.
Article 11(Implementation of Comprehensive Plan for Market Vitalization) #
(1) The Mayor/Do governor shall formulate and implement an annual implementation plan every year, pursuant to the comprehensive plan for market vitalization which have been notified under Article 9 (3) of the Act.
(2) The Mayor/Do governor shall file a report on an implementation plan for the current year and the actual records of project promotion in the preceding year with the Administrator of the Small and Medium Business Administration not later than the end of February each year.
Article 12(Designation, etc. of Support Center for Market Management) #
(1) Specialized institutions which may be designated as the support center for market management under Article 10 of the Act (hereinafter referred to as the “center”) shall be as follows:
1. The Korea Chamber of Commerce and Industry under Article 43 of the Korea Chamber of Commerce and Industry Act;
2. The Federation;
3. The support center for small commercial and industrial businessmen under Article 10-3 of the Act on Special Measures for Support to Small Enterprises and Small Commercial and Industrial Businessmen; and
4. Other juristic persons or organizations engaged in the projects supporting the small and medium enterprises, which are deemed by the Administrator of the Small and Medium Business Administration to be equipped with the professional manpower and wholly responsible systems required for the implementation of activating projects of customary markets.
(2) Persons designated as the center shall file a report on a project plan for the current year and the actual records of project promotion in the preceding year with the Administrator of the Small and Medium Business Administration not later than January 31 each year.
Article 13(Those Subject to Designation of Project Implementation District for Market Redevelopment or Reconstruction) #
Customary markets which may be designated as the project implementation district of market redevelopment project or that of market reconstruction project under Article 12 (1) of the Act (hereinafter referred to as the “project implementation district”) shall be those falling under any of the following subparagraphs: Provided, That such cases shall be excluded as where the relevant customary market has received an authorization for an implementation of project under Article 28 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Residents, or where having received a construction permit under Article 8 of the Building Act, or where having an approval for the project plan under Article 33 of the Housing Construction Promotion Act: <Amended by Presidential Decree No. 18044, Jun. 30, 2003>
1. Customary markets which have lost competitiveness by ageing of buildings and shortage of convenience facilities;
2. Customary markets in need of extension of buildings or facilities due to the concentration of population and industries;
3. Customary markets in need of redevelopment or reconstruction due to occurrence of fire or flood damage or danger of building collapse, etc.; and
4. Other customary markets deemed by the Administrator of the Small and Medium Business Administration to be in need of redevelopment or reconstruction for the development of distribution industry or the regional development.
Article 14(Application Procedure for Recommendation of Project Implementation District) #
Owners of lands or buildings in the customary markets (hereinafter referred to as the “lands, etc.”) intending to receive a selection as a project implementation district under Article 12 (1) of the Act shall submit a written application for recommendation to the head of competent Si/Gun/ Gu (referring to the head of autonomous Gu; hereinafter the same shall apply), together with the documents falling under the following subparagraphs:
1. Documents indicating the current status of the customary market, such as a name and location of market, parcel number and area of market sites, aggregate area of buildings, and area of business places;
2. Documents attesting that it corresponds to that falling under any of subparagraphs of Article 13;
3. Documents as to the promotion of market redevelopment or reconstruction and the consent thereto of owners of lands, etc.;
4. Documents indicating the current status of owners of lands, etc. within the site subject to the project, and attesting thereof; and
5. Written plans for market redevelopment or reconstruction.
Article 15(Examination of Project Plans and Convergence of Opinions Thereon) #
(1) The head of Si/Gun/Gu shall, when he has received a written application for recommendation under Article 14, examine the matters falling under the following subparagraphs: <Amended by Presidential Decree No. 17816, Dec. 26, 2002>
1. Whether or not the project plan is compatible with the Acts and subordinate statutes relating to the urban management planning and construction, or whether or not any alteration of urban management planning is possible according to the project plans;
2. Whether or not the measures for relocated merchants under Article 15 of the Act are reasonable; and
3. Whether or not the promotion of project is possible, such as the propriety of a plan for creating the funds.
(2) The head of Si/Gun/Gu may, where deemed that any changes or revisions of project plans are necessary as a result of examination of them under paragraph (1), recommend the owners of lands, etc. to do so.
(3) The head of Si/Gun/Gu shall, when he intends to make a recommendation for selection of project implementation district, provide the owners of lands, etc., installers of markets, relocated merchants including renting merchants, and other interested parties related to market redevelopment or reconstruction projects, with an opportunity to state their opinions through the public notification of project plan, the holding of public hearings, or the inquiries in writing, and where there exists any opinion, he shall examine it.
Article 16(Selection and Recommendation of Project Implementation District) #
(1) The head of Si/Gun/Gu shall, when he intends to recommend a selection of project implementation district under Article 12 (1) of the Act, submit through the Mayor/Do governor to the Administrator of the Small and Medium Business Administration a written recommendation together with the documents falling under the following subparagraphs:
1. Documents submitted by the owners of lands, etc. in customary market under Article 14;
2. Written opinions examined under Article 15; and
3. Documents indicating the current status of commercial sphere in the circumferential area, such as the tendency of population changes in the neighboring area of customary markets, and the current status of advancement by the large-scale distribution enterprises.
(2) In case where the head of Si/Gun/Gu deems it necessary, in recommending the selection of project implementation district under paragraph (1), to develop the areas adjacent to customary markets (hereinafter referred to as the “neighboring district”) due to the reasons falling under the following subparagraphs, and where the whole owners of lands, etc. in the neighboring district consent to an implementation of redevelopment or reconstruction of the relevant markets, he may include such neighboring district into the project implementation district:
1. Where the street stalls or business center buildings are constituted in connection with the customary markets;
2. Where a consolidation is inevitable in the case of the buildings built in outer layer of the two-layer walls along with the building belonging to customary markets, as there exists a danger of tremor or collapse at the time of market; and
3. Where other reasons equivalent to subparagraphs 1 and 2 exist, which are deemed by the head of Si/Gun/Gu to be inevitable for the efficiency of surrounding conditions and land utilization of the customary markets.
Article 17(Time Limit, etc. for Selection of Project Implementation District) #
(1) The Administrator of the Small and Medium Business Administration shall, upon receipt of recommendation for the selection of project area from the head of Si/Gun/Gu under Article 16, decide on whether or not such selection is to be made within 40 days unless there exists any special reason, by referring it to the deliberation committee on the selection of project implementation district for market redevelopment or reconstruction under Article 18, and promptly notify the head of Si/Gun/Gu of such results through the Mayor/Do governor.
(2) Project implementation districts selected by the Administrator of the Small and Medium Business Administration under paragraph (1) shall be deemed to have been designated as the consolidation zone for an urban environment consolidation project under Article 4 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Residents. <Amended by Presidential Decree No. 18044, Jun. 30, 2003>
Article 18(Composition of Deliberation Committee) #
(1) The deliberation committee for selection of project implementation district of market redevelopment or reconstruction under Article 13 of the Act (hereinafter referred to as the “deliberation committee”) shall be composed of not more than 11 members including one chairman.
(2) The chairman of the deliberation committee shall be an official designated by the Administrator of the Small and Medium Business Administration from among Grade Ⅱ or Ⅲ public officials belonging to the Small and Medium Business Administration.
(3) The members shall be persons falling under any of the following subparagraphs:
1. Officials designated by the Minister of Construction and Transportation and the Administrator of the Small and Medium Business Administration from among Grade Ⅲ or Ⅳ public officials belonging to the said Ministry and the said Administration; and
2. Persons falling under any of the following subparagraphs, who are commissioned by the Administrator of the Small and Medium Business Administration:
(a) Specialized persons of the academic circles and research institutes in the distribution field;
(b) Specialized persons of the academic circles and research institutes in the urban planning field;
(c) Persons recommended by citizens’ organization (referring to nonprofit non-governmental organizations under Article 2 of the Assistance for Nonprofit Non-Governmental Organizations Act); and
(d) Other persons of profound knowledge and experience in the vitalization of customary markets.
(4) The term of office of the members commissioned under paragraph (3) 2 shall be two years.
Article 19(Functions of Deliberation Committee) #
The deliberation committee shall deliberate on matters falling under the following subparagraphs:
1. Matters concerning the selection of project implementation districts under Article 12 (1) of the Act;
2. Matters concerning the decision on whether or not a deferment is to be made as to the invalidation of selection of project implementation districts under Article 14 (2) of the Act; and
3. Other matters referred to by the chairman, which are related to the selection of project implementation districts.
Article 20(Management of Deliberation Committee) #
(1) The chairman of the deliberation committee shall represent the said committee and exercise the overall control of its affairs.
(2) The chairman of the deliberation committee shall convene meetings of the said committee and preside over the meetings.
(3) The deliberation committee shall make a decision by the concurrent votes of a majority of the members present, under an attendance of a majority of all members on the register.
(4) Allowances may be paid to the members who attend the deliberation committee within the limit of its budgets: Provided, That the same shall not apply to the case where the members who are public officials attend in direct connection with their competent duties.
(5) One executive secretary shall be placed in the deliberation committee in order to deal with its affairs, but such secretary shall be nominated by the chairman of the deliberation committee from among the officials belonging to the Small and Medium Business Administration.
(6) Matters necessary for the management of the deliberation committee other than those stipulated in paragraphs (1) through (5) shall be determined by the chairman of the deliberation committee through a resolution of the deliberation committee.
Article 21(Request for Deferment of Invalidation of Selection of Project Implementation District) #
The head of Si/Gun/Gu shall, when he intends to request the deferment of invalidation of the selection of project implementation districts under Article 14 (2), submit to the Administrator of the Small and Medium Business Administration a written application for deferment of invalidation indicating the matters falling under the following subparagraphs, not later than 30 days prior to the scheduled date of invalidation:
1. Name of the project implementation district;
2. Period of the deferment of invalidation; and
3. Reasons for the deferment of invalidation.
Article 22(Requirements for Exclusion of Project Plans Subject to Approval under Housing Construction Promotion Act) #
For the purpose of Article 16 (4) of the Act, the term “if it satisfies the as prescribed by the Presidential Decree” means the time when all the requirements under the subparagraphs of Article 32 (1) of the Enforcement Decree of the Housing Construction Promotion Act are satisfied.
Article 23(Special Case as to Volume Ratio of Market Redevelopment and Reconstruction Project) #
(1) Volume ratio of customary markets located in a general residential area and quasi-residential area under Article 17 of the Act shall be determined, within the limit of not less than 500% but not more than 700%, by the municipal ordinance for urban planning of the Special Metropolitan City, Metropolitan City, and Si/Gun having jurisdiction over the relevant area: Provided, That in the case of the Special Metropolitan City, the volume ratio of customary markets located in the general residential area shall be determined, within the limit of not less than 400% but not more than 700%, by the municipal ordinance for urban planning, and that of customary markets located in the quasi-residential area, within the limit of not less than 450% but not more than 700%.
(2) In case where intending to determine the volume ratio by the municipal ordinance for urban planning under paragraph (1), it shall be done by taking account of the influences to be extended to the surrounding traffic, scenery, fine view, noise, right to enjoy sunshine, etc., and the measures for them.
Article 24(Notification of Vicarious Execution of Market Redevelopment and Reconstruction Project) #
The head of Si/Gun/Gu shall notify the matters falling under the following subparagraphs to the Administrator of the Small and Medium Business Administration through the Mayor/Do governor, when he has decided on a vicarious execution of market redevelopment and reconstruction project by himself, or designated an agent thereof under Article 20 (3) of the Act:
1. Name of a project implementation district;
2. Title of a designated agent, and location of his principal office;
3. Reasons for vicarious execution; and
4. Period of vicarious execution of the project.