Article 1 (Purpose)
The purpose of this Rule is to provide for matters authorized under the Ordinance on the Development of Strategic Industries and the Support of Enterprises and matters necessary for the implementation thereof.
Article 2 (Agency Responsible for Management of Promotional Districts)
The agencies responsible for the management of the promotional districts under subparagraphs 4 and 5 of the Ordinance on the Development of Strategic Industries and the Support of Enterprises (hereinafter referred to as the "Ordinance") are as follows:
1. The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
2. The head of a Gu having jurisdiction over each promotional district;
3. Institutions to which the Mayor or the head of a Gu having jurisdiction over a promotional district entrusts the management of a promotional district, among public enterprises, public corporations, invested corporations, and funded corporations established pursuant to the Local Public Enterprises Act.
Article 3 (Basic Prerequisites for Selection of Eligible Areas)
(1) The size of an area eligible for the designation as a promotional district under Article 11 (3) of the Ordinance shall be 8,000 square meters or more: Provided, That an area of 5,000 square meters or more may be eligible, if a parcel of land is required for the relocation of medium and small factories or for any other purpose.
(2) The industries that may be included in the recommended types of business under Article 11 (3) of the Ordinance are as follows:
1. The digital content industry;
2. Information and communications (IT), biotechnology (BT), and nanotechnology (NT) industries;
3. Financial business and insurance business;
4. Business services;
5. Design and fashion industries;
6. Research and development (R&D);
7. Printing and publishing;
8. Other industries the Mayor recognizes as those that can contribute to the invigoration of the economies in Seoul;.
(3) The detailed scope of recommended types of business under paragraph (2) shall be based on the subclasses in five digits under the Korea Standard Industrial Classification Code publicly notified by the Commissioner of the Korea National Statistical Office, but if necessary, the Mayor may propose a detailed scope of recommended types of business to the head of a Gu.
(4) An area specified in Article 11 (3) 1 of the Ordinance shall be one that falls under any of the following subparagraphs:
1. An area in which the number of workers engaged in a recommended type of business constitutes at least 1/100 of the number of workers engaged in the type of business throughout the City;
2. An area in which the number of workers engaged in a recommended type of business per unit-area (one square kilometer), based on the area for economic activities (referring to the aggregate of the areas for building sites, sites for factories, and sites for warehouses in terms of land categories), constitutes at least twice as many as the number of workers engaged in the recommended type of business per unit-area throughout the Seoul Metropolitan City (hereinafter referred to as the "City") and in which the growth rate (referring to the increase rate of the number of workers; the same shall apply hereinafter) of the recommended type of business during the latest five years is not lower than 0;
3. An area in which at least ten business entities are engaged in a recommended type of business and in which the growth rate of the recommended type of business during the latest five years is at least 100 percent.
(5) The area specified in Article 11 (3) 2 of the Ordinance means an area in which the ratio of sites for factories under the following subparagraphs is least 30/100 of the area at issue:
1. An area of land used for factories specified by the Industrial Cluster Development and Factory Establishment Act and the Enforcement Decree of the aforesaid Act;
2. Subparagraphs 18 and 20 (f) of Table 1 attached to the Enforcement Decree of the Building Act;
3. An area of land that is zoned as sites for factories, although it does not presently serve functions as sites of factories and that remains as a vacant building site or is used as a parking lot or for other purpose.
Article 4 (Application for Selection of Eligible Areas)
(1) "Other matters specified by Rule" in Article 11 (5) 6 of the Ordinance are as follows:
1. Analysis of the impact on traffic and countermeasures therefor;
2. Whether there is a district-unit plan established;
3. A plan for the management of the promotional district;
4. Problems anticipated in the designation and operation of the promotional district and solutions therefor;
5. Expected effects of the designation and operation of the promotional district;
6. A plan for raising the fund for the development and management of the promotional district;
7. Other matters specified by the Mayor.
(2) Further details about the application under Article 11 (5) of the Ordinance and descriptions of the application shall be prescribed by the Mayor separately.
Article 5 (Selection of Eligible Areas)
The selection of an area eligible for the designation of a promotional district under Article 11 (6) of the Ordinance shall be based on the appropriateness of the area, the prospects for development thereof, the promoting entity's commitment to development, etc., but detailed matters concerning the detailed guidelines for deliberation and the method of selection shall be prescribed by the Mayor separately.
Article 6 (Establishment of Promotion Plans)
(1) The Mayor may prepare guidelines for the establishment of promotion plans and instruct each Gu to follow the guidelines in order to establish promotional plans under Article 12 (1) of the Ordinance efficiently.
(2) The head of each Gu shall establish a promotional plan in compliance with the guidelines for the establishment of promotion plans under paragraph (1).
Article 7 (Designation and Management of Facilities for Recommended Types of Business, etc.)
(1) The facilities for recommended types of business and the prospective facilities for recommended types of business under subparagraphs 8 and 9 of Article 2 of the Ordinance (hereinafter referred to as "recommended facilities') shall be designated by the agency responsible for the management of the promotional district upon applications filed by persons under any of the following subparagraphs:
1. A person who owns a recommended facility;
2. A person who operates a recommended facility;
3. A person who intends to install a recommended facility;
4. A person who intends to use all or part of an existing building as a recommended facility.
(2) Where a facility is designated as a prospective facility for a recommended type of business pursuant to paragraph (1) 3 or 4, it shall be designated as a facility for the recommended type of business within one year after the use of the building is approved pursuant to Article 18 of the Building Act or after the facility is purchased or within three months after leasing if the facility is a leased facility, while the designation as the prospective facility for the recommended type of business shall be deemed to have been ineffective since the time of designation, if it fails to be designated within the deadline.
(3) Whenever it is intended to modify any matter related to the designation of a recommended facility designated pursuant to paragraph (1), an application for modification shall be filed in advance with the agency responsible for the management of the promotional district for modified designation: Provided, That a minor matter that has no direct connection with the effects of the designation of the recommended facility may be modified after filing a report with the agency responsible for the management of the promotional district.
(4) The agency responsible for the management of a promotional district shall inspect the actual state of the operation of facilities for the recommended type of business at least once a year and shall cancel the designation of facilities for the recommended type of business, if the type of business has been changed to any type of business other than the recommended type.
(5) If a prospective facility for a recommended type of business fails to be designated as a recommended facility within the deadline pursuant to paragraph (2) or the designation of a facility for a recommended type of business is cancelled, the agency responsible for the management of the promotional district shall notify related agencies of relevant facts and take other necessary measures to recover subsidies granted pursuant to Article 13 of the Ordinance.
(6) Detailed matters concerning the procedure for the designation of recommended facilities, the guidelines for the designation, and follow-up management shall be prescribed by the Mayor separately.
Article 8 (Evaluation of Promotion Plans)
(1) The evaluation of a promotion plan under Article 12 (8) or (9) of the Ordinance shall be conducted each year from the year immediately following the year during which the promotion plan is established and publicly notified.
(2) The evaluation of a promotion plan under paragraph (1) shall include the following matters:
1. The level of the accomplishment of purposes of the designation of the promotion district and the results of the designation;
2. Details of changes in the number of business entities and the number of workers engaged in the recommended type of business;
3. Details of financial resources required and secured for the development and management of the promotional district;
4. Results of tax exemption, loans, and various supportive measures and the analysis of specific effects;
5. Problems in the designation and operation of the promotional district and the results of measures taken therefor;
6. Other matters concerning the execution of the promotion plan.
(3) The Mayor may conduct evaluation of the actual status of the performance of a promotion plan under Article 12 (10) 2 of the Ordinance for an promotional district or for every promotional district, as may be necessary. Paragraph (2) shall apply mutatis mutandis to evaluation items in such cases, but the Mayor may specify different evaluation items, if necessary.
ADDENDUM <Rule No. 3631, Sep. 4, 2008>
This Ordinance shall enter into force on the date of its promulgation.
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