Article 25(Designation of industrial innovation zones and determination of industrial innovation zone plans) #
(1) "Area that meets the requirements prescribed by Presidential Decree" in Article 22 (1) of the Act means any of the following areas where it is necessary to promote innovation in industrial areas and develop such areas a local hub by promoting multiple land use in industrial areas:
1. Areas where industrial infrastructure is lost due to large-scale relocation of factories, etc. or where new industries need to be attracted due to industrial decline in the surrounding areas, etc.;
2. Areas where the ratio of buildings for which 20 years have passed since the completion of construction accounts for at least 50/100 of the total buildings within the relevant area, which requires the improvement of industrial infrastructure in the surrounding areas and the facilitation of linkage with industrial support;
3. Areas intended to develop sites for relocating public facilities as industrial innovation hub;
4. Undeveloped areas within an industrial area, which require innovation of surrounding industrial areas by facilitating the development of industrial sites.
(2) The size of an industrial innovation zone under Article 22 (1) of the Act shall be at least 5,000 square meters in area; provided, the size of a single parcel may not exceed 5,000 square meters.
(3) "Where ... <omitted>... intends to modify minor matters prescribed by Presidential Decree" in the proviso of Article 22 (2) of the Act means cases of modifying matters falling under the subparagraphs of Article 22 (3) of the Act, excluding the following cases. In such cases, where minor matters are modified several times, it shall be calculated cumulatively:
1. Where the area of an industrial innovation zone increases or decreases by at least 10/100;
2. Where the method for implementing the project under Article 33 (1) of the Act is changed;
3. Where types of business to be invited are changed (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100);
4. Where the area of land by use in the land use plan increases or decreases by at least 10/100;
5. Where the area of each facility in the plan for the installation of support infrastructure increases or decreases by at least 10/100;
6. Where the total floor area by use of a building for which restrictions on construction are relaxed in accordance with Article 53 of the Act increases by at least 20/100 of the total floor area of such building;
7. Where the total floor area of main uses of a building is changed by at least 20/100 (limited to cases where the capacity or area of national infrastructure other than roads is increased by at least 10/100);
8. Where it is deemed necessary to protect the rights and interests of the owner of a land, etc. and prescribed by ordinance of a Si/Gun, etc.
(4) "Development projects under other statutes prescribed by Presidential Decree ... <omitted> ... such as urban development project under Article 2 (1) 2 of the Urban Development Act" in Article 22 (3) 16 of the Act means the following development projects:
1. An urban development project under the Urban Development Act;
2. An improvement project under the Act on the Improvement of Urban Areas and Residential Environments;
3. A logistics complex development project under the Act on the Development and Management of Logistics Facilities;
4. Other projects prescribed by ordinance of the relevant Si/Gun, etc.
(5) "Matters prescribed by Presidential Decree concerning the implementation of the previous development project, such as its name, location, and area" in Article 22 (3) 16 of the Act means the following:
1. The title of the previous development project;
2. The location and size of the area of the previous development project;
3. The project implementer of the previous development project;
4. The land use plan and the national infrastructure establishment plan for the previous development project;
5. Other matters prescribed by ordinance of the relevant Si/Gun, etc.
(6) "Matters prescribed by Presidential Decree" in Article 22 (3) 21 of the Act means the following:
1. Where it is necessary to install national infrastructure provided for the use of an industrial innovation zone outside the industrial innovation zone, a plan to install national infrastructure outside the industrial innovation zone;
2. A plan for cultural and assembly facilities, employees' welfare facilities, and sports facilities to support enterprises and employees;
3. A plan for managing the existing buildings, structures, etc.;
4. Other matters prescribed by ordinance of a Si/Gun, etc.
(2) The head of the relevant Si/Gun, etc. who has received proposal for the designation of an industrial innovation zone in accordance with Article 22 (5) of the Act shall comprehensively determine whether the proposal complies with the master plan for industrial areas, the appropriateness of matters concerning the implementation of the project, etc. and notify whether to accept the proposal within 30 days from the date of proposal.
(8) The head of the relevant Si/Gun, etc. who has received proposal for the designation of an industrial innovation zone in accordance with Article 22 (5) of the Act may seek advice from the local urban planning committee of the relevant Si/Gun, etc., if necessary to examine whether to accept the proposal.
(9) Where a person falling under Article 27 (1) 4 through 9 of the Act (excluding a corporation falling under subparagraph 9 of the same paragraph, which is a corporation falling under subparagraph 9 of the same paragraph and invested in excess of 50/100 by a person falling under subparagraphs 1 through 3 of the same paragraph), from among persons who have proposed the designation of industrial innovation zones under Article 22 (5) of the Act, intends to propose the designation of an industrial innovation zone, he or she shall obtain consent from at least 2/3 of the owners of the land in the zone subject to designation and at least 1/2 of the total number of owners of the land in the zone thereto. In such cases, state and public land shall be excluded from the area of the land subject to consent.
(10) A person who intends to propose the designation of industrial innovation zones under Article 22 (5) of the Act shall submit a proposal prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the head of the relevant Si/Gun, etc., along with designation drawings, plans, and descriptions of plans of an industrial innovation zone and other necessary documents.
(11) The standards for the designation of industrial innovation zones and the determination of industrial innovation zone plans under Article 22 (7) of the Act shall be as follows:
1. It shall be in compliance with the national basic policies on industrial areas under Article 4 of the Act and a master plan for industrial areas under Article 6 of the Act;
2. It shall take into account the relationship with an individual project plan and the industrial infrastructure and regional conditions of the relevant Si/Gun, etc.;
3. It shall comprehensively consider the creation of a development hub for industrial areas, the necessity of enhancing industrial competitiveness, measures to ensure public interest, etc.
(12) Except as otherwise provided for in paragraphs (1) through (11), detailed matters necessary for the designation of an industrial innovation zone and the determination of industrial innovation zone plans shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.