Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
[Ministry of Knowledge Economy Public Notice No. 2011-41, partially amended as of Mar. 7, 2011]
Article 1 (Purpose) The purpose of these Regulations is to prescribe matters delegated by the Foreign Investment Promotion Act, its
Enforcement Decree, and its Enforcement Rule and necessary matters for the enforcement thereof.
Article 2 (Definitions) (1) “Foreign Investment” in these Regulations means the foreign investment under Subparagraph 4, Article 2 (1)
of the Foreign Investment Promotion Act (hereinafter referred to as “Act").
(2) “Head of entrusted agency” in these Regulations refers to the head of the Korea Trade-Investment Promotion Agency
and the head of a foreign exchange bank to whom the Minister of Knowledge Economy entrusts his/her authority in
accordance with Article 40 (2) of the Enforcement Decree of the Foreign Investment Promotion Act (hereinafter referred to as
“Enforcement Decree”).
(3) “Ratio of foreign investment” in these Regulations pertains to the ratio of foreign investment under Article 5 (1) of the
Act.
(4) “A person who has acquired a residency permit that can substitute permanent residency” under Article 3 of
the Enforcement Decree means a person who is identified as residing in a country without permanent residency for
the purpose of overseas emigration and deemed to fall under any of the following:
1. Person who has acquired long-term residency permission for four years or more;
2. In a country where residency of less than four years is permitted, a person who has been residing in the country
for four years or more and who acquired residency permission for one year or more;
Article 3 (Classification Criteria for the Types of Businesses) The Types of Businesses used in these Regulations shall be subclasses in
accordance with
「the Korean Standard Industrial Classification」(Statistics Korea Announcement No. 2007-53).
Article 4 (Types of Businesses Exempted from Foreign Investment) The types of businesses for which foreign investment is not permissible shall be the business types specified by attached table No. 1 in accordance with Article 3.
Article 5 (Types of Businesses for Which Foreign Investment is Restricted) (1) The types of businesses for which foreign investment is restricted as publicly announced by the Minister of Knowledge Economy upon consultation with the competent Minister in accordance with Subparagraph 1, Article 5 (1) of the Enforcement Decree shall be specified by attached table No. 2.
(2) If a foreign investor intends to invest in a business type based on the standards for permission among the business
types specified by attached table No. 2, the foreign investment may be made within the scope of its standards for permission.
(3) The business types whose opening time is shown among the business types specified by attached table No. 2 shall
be deemed deleted from table No.2 on the date when the opening time has arrived. If the opening time is prescribed
as “partial opening” or “enlarged opening,” and its contents are not prescribed, however, the same shall not apply.
(4) With respect to the business type falling under the proviso of Paragraph (3), the Minister of Knowledge Economy
shall prepare and publicize the standards for permission through consultation with the competent Minister before the opening time
arrives.
Article 6 (Definition of “Where intending to acquire de facto Control over the Management of the Company”) “Where a foreigner intends to acquire de facto control over the management of an existing domestic company by acquiring its stocks” under Item a., Subparagraph 2(a), Article 5 (1) of the Enforcement Decree refers to any of the following cases:
1. Where a foreigner intends to take over and own more than 50/100 of the total stocks, etc., of a company (including
the case of establishing a new corporation by separating a specific business part of a company; the same applies
in this Article) solely or
jointly with a person falling under any of the following Items (hereinafter referred to as “special persons concerned”)
by means of sales, exchange, or merger between companies, foreclosure of security right, receipt of payment in substitute,
and other ways (including the case wherein a foreigner who owns less than 50/100 of the total stocks becomes the largest
stockholder by the above acquisition and is able to exert de-facto dominant influence on the appointment of executives
or management of a company directly or through the special persons concerned):
(a) Spouse, lineal ascendants and descendants of the foreigner concerned (including lineal ascendants and descendants
of the spouse of the foreigner concerned);
(b) A foreign corporation wherein not less than fifty percent of the total number of stocks issued or not less
than fifty percent of the total equity investment is held together by the foreigner concerned and the persons in such relationship
as prescribed in Item (a) or (c), or a foreign corporation virtually controlled by the foreigner concerned and said persons;
(c) Employees of the foreigner concerned and persons prescribed in Item (b) or (d) (in the case of a corporation,
referring to officers; in the case of an individual, referring to trade employees, other employed persons through
an employment contract, or persons who maintain their livelihood by means of money or property of said individual);
(d) A foreign corporation wherein not less than fifty percent of the total number of stocks issued or not less
than fifty percent of the total equity investment is held together by the corporation prescribed in Item (b), the
foreigner concerned, and the persons prescribed in Items (a) and (c);
(e) A foreigner who agreed via agreement or contract with the foreigner concerned that they should jointly acquire
or dispose of stocks, etc., or jointly exercise voting rights on the stocks (including the authority to order the exercise
of voting rights).
2. Where a foreigner intends to manage virtually the company concerned solely or jointly with special persons concerned
by becoming an assignee, a lessee, or a mandatary of the whole or main part of the company business.
Article 7 (Calculation of Period for Long-Term Loan) The Period of Loan announced by the Minister of Knowledge Economy under Article 5 (1) of the Enforcement Rule of the Foreign Investment Promotion Act (hereinafter referred to as “Enforcement Rule”) shall be calculated by totaling the numbers obtained from multiplying the loan period of installments of intermediate repayments in each period by the ratio of the repayment concerned compared to the total amount of loan.
Article 8 (Report or Application for Permission Document, Etc.) (1) A foreign investor may report or apply for permission under
Articles 2 ~ 5, 17, 17-2, and 20 of the Enforcement Rule using either the Korean version or English version.
(2) Documents related to the report or application for permission of a foreign investment shall be prepared in Korean
except the English Forms under Paragraph (1). Note, however, that a Korean version shall be attached to a document
prepared in foreign language due to difficulty in preparing a Korean version.
(3) Where an agent authorized by a foreign investor makes a report or an application for permission of foreign
investment, etc., pursuant to the Act, its Enforcement Decree, and its Enforcement Rule, a power of attorney shall be attached.
(4) A document verifying the nationality of a foreigner shall be a document falling under any of the following:
1. Where a foreigner is a juristic person or an organization: certified copy of the register issued by the government concerned
or other empowered authorities or document verifying the juristic person or organization concerned located in the country concerned
2. Where a foreigner is an individual: document such as certificate of citizenship, passport, etc., issued by the
government concerned or other empowered authorities to verify the nationality of the individual
(5) Notwithstanding Paragraph (4), in case a foreigner has a Korean nationality, a certificate of permanent residency
issued by the government or other empowered authorities of the country where he/she resides or a certificate of
registered overseas Korean national issued by the head of any of the diplomatic missions of the ROK may substitute
a document verifying the nationality of the foreigner.
Article 9 (Documents, Etc., Necessary for Request for Prior Verification Before Reporting on Foreign Investment) (1) Matters publicly announced by the Minister of Knowledge Economy under Article 5 (6) of the Enforcement Decree refers to a copy of a document that verifies the content of each of the following Subparagraphs (note, however, that Articles 8 (4) and (5) shall apply to the nationality under Subparagraph 1):
1. Trade name or name and nationality of an investor (including special persons concerned under Subparagraph 1,
Article 6 ; the same shall apply hereinafter);
2. Trade name or name and address of a domestic company where investment is intended to be made (hereinafter referred
to as
"target company for investment");
3. Trade name or name, address, and scale of assets of a new company established (referring only to the case of intending
to establish or acquire a new corporation by separating a specific business part of a company in accordance with Subparagraph 1,
Article 6);
4. Total amount of investment, investment ratio (referring to the ratio of the stocks, etc., owned by investors
to the total stocks, etc., of a target company for investment), method of investment (referring to the types of object
of investment and amount of investment by type in accordance with Subparagraph 7, Article 2 (1) of the Act), and details of
investment by funding source;
5. Assignor of stocks, etc.
6. Investor’s project plan (including contents of project, participation in management, products, contents and level
of technology, production processes, front and rear industries, concrete business relations with the parent company
and overseas affiliated companies, etc.) and financial statements (including those for the latest two years);
7. Whether a target company for investment has supplied or provided separate items or services to the Ministry of
National Defense (including the Defense Acquisition Program Administration, armed forces units and agencies established
under the Act on the Organization of National Armed Forces and government-supported institutes managed and controlled
by the Ministry of National Defense or the Defense Acquisition Program Administration) or a defense contractor under
Subparagraph 9, Article 3 of the Defense Acquisition Program Act for the last three years;
8. Whether a target company for investment has produced items or technical data in accordance with the and Importation Notice」(Ministry
of Knowledge Economy Public Notice No. 2010-207); and
「Strategic Materials Exportation
9. Whether a target company for investment has concluded a separate contract treated as state secrets in accordance
with Article 13 (4) of the National Intelligence Service Act for the last three years.
(2) Where the contents of each Subparagraph of Paragraph 1 has been altered, the foreigner or the target company
for investment shall immediately notify the competent Minister or the Minister of Knowledge Economy accordingly.
(3) If additional confirmation regarding the contents of the copy of documents submitted according to Article
1 is deemed necessary, or there is no confirmation by the target company for investment regarding matters of
Subparagraphs 7 ~ 9, Article
1, the competent Minister or the Minister of Knowledge Economy may request the foreigner or the target
company for investment to submit the necessary materials by designating a period of seven days or less.
(4) In the case of Paragraph 2 or 3, the date of request by the foreigner for prior verification under Article 5
(6) of the Enforcement Decree shall be the date when the foreigner or the target company for investment served
a notice of alteration or completed the amendment of materials according to the request of the competent Minister or the
Minister of Knowledge Economy.
Article 10 (Notice, Etc., of Contents of Report or Permission) (1) The Minister of Knowledge Economy or the head of the entrusted agency -- when issuing a certificate of completion of report or rendering permission regarding a foreign investment in accordance with Articles 5, 6, and 8-2 of the Act -- shall send a photocopy of the certificate of completion of report or the written permission to the competent Minister. In the case of increased investment without addition of the type of business to be operated, which does not fall under each item of Subparagraph 2, Article 5 (1) of the Enforcement Decree, however, the same shall not apply.
(2) Where a foreigner makes an application for permission of foreign investment through the acquisition of existing
stocks, etc., in accordance with Article 6 (3) of the Act to acquire existing stocks, etc., of a foreign capital-invested
company from a national of ROK or a Korean corporation, and the Minister of Knowledge Economy renders permission thereof,
he/she shall immediately serve notice thereof to the head of the entrusted agency concerned.
(3) Where the Minister of Knowledge Economy renders permission of foreign investment or not in accordance with Article
5 (7) of the Enforcement Decree, he/she shall immediately serve notice thereof to the head of the entrusted agency concerned.
(4) Where a foreigner makes an application for prior verification in accordance with Article 5 (6) of the Enforcement Decree,
and the competent Minister or the Minister of Knowledge Economy verifies that the application is not an object of
review request in accordance with each Item of Subparagraph 2, Article 5 (1) of the Enforcement Decree, he/she
shall immediately serve notice thereof to the foreigner and the head of the entrusted agency concerned.
(5) Where the Minister of Knowledge Economy cancels permission of foreign investment, or the Minister of Knowledge Economy or
a head of the entrusted agency cancels the registration of a foreign capital-invested company, he/she shall serve
notice thereof to the head of the local government, the competent Minister, and the Commissioner of the National Tax Service.
Article 11 (Rapid Processing of Report, Etc.) Matters concerning the report of licensing agreement shall be dealt with promptly, and processing thereof shall not be delayed on the grounds that the time period for treatment prescribed by the Act, its Enforcement Decree, and its Enforcement Rule has not yet lapsed.
Article 12 (Respect, Etc. for Matters Agreed upon Between Parties) (1) A competent Minister -- in reviewing the contents of the reported licensing agreement and project plan -- shall respect matters agreed upon between a technology provider and a technology introducer and refrain from hindering the free introduction of technology.
(2) The competent Minister -- in reviewing the contents of the reported licensing agreement -- shall neither disclose to the outside
information
related to the secret of the technology nor request its review from a private enterprise such as an institution of the industry concerned.
Article 13 (Consultation ․
Transfer of Written Report)
(1) A person intending to report a licensing agreement shall judge the competent
Minister of the agreement concerned and submit a written report to him/her and to the most related Minister in
case there is more
than one Minister judging.
(2) A competent Minister receiving a written report beyond his/her competence shall immediately send it to the competent
Minister concerned and serve notice thereof to the reporting person. The date of report in this case shall be
the date when the competent Minister concerned receives the written report.
Article 14 (Notice of Report) (1) A competent Minister -- upon receipt of a report of licensing agreement -- shall issue a certificate of completion of report to the reporting person within the period prescribed in Article 32 of the Enforcement Decree.
(2) The competent Minister -- when issuing a certificate of completion of report on licensing agreement according
to Paragraph (1) -- shall serve a notice of the contents thereof immediately to the Minister of Knowledge Economy
and the Minister of Education, Science and Technology using the form in attached table No. 3.
(3) Where a reporting person requested the competent Minister not to disclose the contents of the licensing agreement
by citing reasons such as leakage of business secret and possibility of disputes with an outside party, etc.,
he/she shall judge the necessity of such measure and attach his/her opinion when serving notice under Paragraph 2.
Article 15 (Technology Introduction of Associations, Etc.) A trade association or a research & development institute, etc., may conclude a licensing agreement as a technology introducer to transfer or assign an introduced technology to a company concerned or improve the technology.
Article 16 (Prior Consultations on Establishment, Etc., of Regulations) A competent Minister -- when intending to establish or amend the regulations required to perform technology introduction-related jobs in accordance with the Foreign Investment Promotion Act and Regulations -- shall have consultations with the Minister of Knowledge Economy in advance.
Article 17 (Head of Entrusted Agency) (1) The authorities of the Minister of Knowledge Economy as specified in each Subparagraph of
Article 40 (2) of the Enforcement Decree in accordance with the body of the same Paragraph of the same Article
shall be entrusted to the head of the entrusted agency specified in attached table No. 4 and the heads of the
trading post branches/liaison offices/branch offices designated by the head of the entrusted agency concerned. If the
nationality of a person intending to make a foreign investment is Cambodian, Laotian, or Cuban, however, the same
authorities shall not be entrusted to the head of the entrusted banks specified by B (b) of attached table No. 4.
(2) A head of an entrusted agency -- when intending to designate or change any head of trading post branch/liaison
office/branch office to entrust all or part of the authorities entrusted according to Paragraph (1) -- shall report
thereof to the Minister of Knowledge Economy in advance.
(3) A banking institution designated as an entrusted agency according to Paragraph (1) cannot perform foreign investment report-related
jobs of a foreign capital-invested company due to merger, etc., with another banking institution, in which case
all documents related to the jobs managed by the entrusted agency concerned shall be transferred to another entrusted
agency. As such, the head of the entrusted agency concerned shall immediately notify the foreign capital-invested
company of the relevant facts and report to the Minister of Knowledge Economy.
(4) Where a head of an entrusted agency falls under any of the following Subparagraphs, the Minister of Knowledge
Economy may cancel his/her entrustment to the head of the entrusted agency under Paragraph 1):
1. Requests for the submission of unnecessary documents under Article 19 (2);
2. Fails to perform the rules of business processing under Article 23 faithfully; or
3. Where the Minister of Knowledge Economy deems that there is good reason to cancel the entrusted jobs.
(5) A head of an entrusted agency authorized under Paragraph (1) –
the corresponding request to the Minister of Knowledge Economy.
when intending to return the entrusted authorities -- shall make
Article 18 (Placement, Etc., of Staff in Charge) (1) A head of an entrusted agency shall install windows to deal with the jobs entrusted according to Article 17 and place staff in charge thereto.
(2) A head of an entrusted agency shall install and operate facilities for the guidance of foreign investment and handling of grievances.
(3) A head of an entrusted agency shall prepare and keep civil petition Forms, guidebooks, and other materials related to foreign
investment in the facilities under Paragraph (2) and give out the material to a civil applicant, if requested.
Article 19 (Expedition of Foreign Investment) (1) A head of an entrusted agency shall make efforts to induce foreign investment through business places at home and abroad.
(2) In performing the jobs entrusted by the Minister of Knowledge Economy in accordance with Article 40 (2) of the Enforcement Decree, a head of an entrusted agency shall not request for the submission of unnecessary documents other than those prescribed by the rules.
Article 20 (Change of Entrusted Agency) (1) A foreign investor or a foreign capital-invested company making a report under Articles 5
~ 8-2 of the Act or obtaining registration of a foreign capital-invested company under Article 21 of the Act but
intending to change its entrusted agency due to change of its bank, relocation of main office, and other grounds
shall request for a change of entrusted agency to the head of the existing entrusted agency.
(2) The head of the entrusted agency -- upon receipt of a change of entrusted agency according to Paragraph 1
-- shall transfer immediately all documents related to the report of foreign investment-related jobs of
the foreign investor or the foreign capital-invested company concerned to the head of the entrusted agency newly intending
to perform follow-up management.
(3) The head of the entrusted agency newly performing follow-up management according to Paragraphs 1 and 2 -- upon receipt
of the transferred related documents -- shall immediately report the titles, etc., of the foreign investor, foreign
capital-invested company, and head of the former entrusted agency concerned to the Minister of Knowledge Economy.
(4) Where a foreign investor or a foreign capital-invested company reports on foreign investment and acquisition of
stocks, etc., in accordance with Articles 5 ~ 8-2 of the Act or requests for the registration of a foreign capital-invested
company or changed registration thereof to the president of the Korea Trade-Investment Promotion Agency other than the
entrusted agency concerned, the entrusted agency concerned may not be changed, notwithstanding Paragraph 1.
(5) The president of the Korea Trade-Investment Promotion Agency -- upon receipt of the report and the request for
registration under
Paragraph 4 -- shall immediately transfer the related documents concerned to the head of the entrusted agency concerned
after completing the works concerning report and registration.
Article 21 (Request for Cooperation, Etc.) If the head of the entrusted agency sees the need to handle the grievances of a foreign investor or a foreign capital-invested company, he/she may request the Minister of Knowledge Economy or the head of the grievance committee under Article 15 (8) of the Act to render the necessary cooperation.
Article 22 (Report) A head of an entrusted agency shall report the result of report of foreign investment to the Minister of Knowledge
Economy as separately prescribed by the same Minister.
Article 23 (Rules of Business Process) The Minister of Knowledge Economy may separately prescribe rules for the processing report business by the head of the entrusted agency aside from matters prescribed by Articles 17 ~ 22.
Article 24 (Classification Criteria of Industry-Supporting Service Business) The industry announced by the Minister of Knowledge
Economy pursuant to Subparagraph 1, Article 25 (1) and Item e., Subparagraph 2, Article 25 (1) of the Enforcement
Decree shall
pertain to the logistics business in accordance with the
「Regulations on Tax Reduction or exemption Concerning Foreign Investmen
t」(Ministry of Strategy and Finance Public Notice No 2010-24) attached table No. 1 Part 2 No. 11-4.
Article 25 (Report of the Commissioner of the National Tax Service and Commissioner of the Korea Customs Service) (1) The Commissioner of the National Tax Service shall perform examination under Article 29 (3) of the Enforcement Decree each year and report the result thereof to the Minister of Knowledge Economy within sixty days of the due date of tax base return under Article 26 of the Corporate Tax Act or Article 70 of the Income Tax Act.
(2) The Commissioner of the Korea Customs Service shall perform examination under Article 29 (3) of the Enforcement
Decree each
year and report the result thereof to the Minister of Knowledge Economy.
Article 26 (Scope of Information Whose Disclosure to the Outside is Prohibited) (1) “Materials prescribed by the Minister of Knowledge Economy” under Article 21 of the Enforcement Rule shall refer to project plans such as drawings, production process flowchart and manufacture of products, etc., and other matters related to the business secret of a foreign capital-invested company and deemed likely to injure the legitimate interests of the company concerned if disclosed.
(2) Article 21 of the Enforcement Rule and Paragraph 1 shall apply mutatis mutandis to the business performance of a head of an entrusted agency under Article 2 (2) and any head of a trading post branch/liaison office/branch office entrusted with all or part of authorities by the head of the entrusted agency.
Article 27 (Application of Laws and Regulations on the Handling of Civil Petitions) Except matters prescribed by the Act, its Enforcement Decree, its Enforcement Rule, or these Regulations concerning the procedures for report or permission related to Foreign Investment and Technology Introduction, the Civil Petitions Treatment Act and its subordinate legislations shall apply.
Article 28 (Time limit for Reexamination) The time limit for taking measures such as abolition or amendment of this Public Notice shall be July 31, 2012 by reexamining the change of Laws and Regulations and the current circumstances after the issuance of this
public Notice in accordance with the
Decree No. 248).
「Regulations on the Issue and Management of Instructions and established Rules」(Presidential
This Public Notice shall enter into force on the date of its publication.
□ Types of Businesses Exempted from Foreign Investment (related to Article 4)
Type of Business | Nature of Business | Competent Authority |
61100 64110 65301 65302 65303 66110 66199 84111 84112 84114 84119 84120 84211 84212 84213 84214 84219 84221 84222 84223 84224 84229 84310 84320 | Postal Service Central Bank Individual Mutual-Aid Business Corporate Mutual-Aid Business Annuity Business Financial Market Management Business Other Financial Support Service Businesses ※Foreign Investment may be made in Financial Support Service Businesses except Financial Goods Business such as Bill Clearing Business, etc. Legislative Body Central Enforcement Body Government Finance and Economic Policy Administration Other General Public Administration Government Organization General Assistance Administration Education Administration Culture and Tourism Administration Environment Administration Health and Welfare Administration Other Social Service Management Administration Labor Administration Agriculture and Fisheries Administration Construction and Transportation Administration Communication Administration Other Industrial Promotion Administration Foreign Affairs Administration National Defense Administration | Ministry of Knowledge Economy Ministry of Strategy & Finance Related Authority 〃 〃 Financial Services Commission Financial Services Commission Ministry of Strategy & Finance - - Ministry of Strategy & Finance Financial Services Commission Ministry of Public Administration & Security 〃 Ministry of Education, Science, & Technology Ministry of Culture, Sports, & Tourism Ministry of Environment Ministry of Health & Welfare Related Authority Ministry of Employment & Labor Ministry of Food Agriculture, Forestry, & Fisheries Ministry of Land Transportation & Maritime Affairs Korea Communication Council Ministry of Knowledge Economy 〃 Ministry of Foreign Affairs & Trade Ministry of National Defense |
Type of Business | Nature of Business | Competent Authority |
94120 94200 94911 94912 94913 94914 94919 94920 94931 94939 94990 99001 99009 | Expert Organization Labor Union Buddhist Association Christian Association Catholic Association National Religion Association Other Religious Association Political Organization Environmental Movement Association Other Civic Movement Association Other Association and Organization Foreign Missions Based in Korea Other International or Foreign Institutes | Related Authority Ministry of Employment & Labor Ministry of Culture, Sports, & Tourism 〃 〃 〃 〃 - Ministry of Environment Related Authority 〃 Ministry of Foreign Affairs & Trade 〃 |
Note) 1) Foreign investment may be made in Correctional Institutions as per the
Act on the Establishment and Operation of Private Correctional Institutions, etc., enforced as of July 2001.
Type of Business | Nature of Business | Competent Authority | Standards for Permission | Opening Time |
01110 01212 03112 20129 24219 35111 35112 35113 35119 | Cultivation of Grains and other Food Grains Breeding of Beef Cattle Coastal and Offshore Fisheries Manufacture of other basic Inorganic Chemicals Manufacture of other Non-ferrous Metals Smelting, Refining, and Alloy Nuclear Power Generation Hydroelectric Power Generation Thermoelectric Power Generation Other Power Generation | Ministry of Food, Agriculture, Forestry & Fisheries Ministry of Food, Agriculture, Forestry & Fisheries Ministry of Food, Agriculture, Forestry & Fisheries Ministry of Knowledge Economy Ministry of Knowledge Economy Ministry of Knowledge Economy Ministry of Knowledge Economy Ministry of Knowledge Economy Ministry of Knowledge Economy | Permitted except Cultivation of Rice or Barley Permitted in case the ratio of foreign investment is less than 50% Permitted in case the ratio of foreign investment is less than 50% Permitted except Manufacturing and Supply Business of Fuel for Nuclear Power Generation The same Standards for Permission as those of other basic Inorganic Chemicals shall apply. Not permitted The total Power Generation Facilities procured by Foreigners from KEPCO shall not exceed 30% of the Domestic Total Power Generation. |
Note) 2) Where YY MM DD only is indicated without specific content, Overall Opening is made when the time arrives. Where Partial Opening or
Expanded Opening is indicated, Partial Opening is made, or Scope of Opening is expanded when the time arrives.
Type of Business | Nature of Business | Competent Authority | Standards for Permission | Opening Time |
35120 38240 46312 50121 50122 51 51 51 58121 58122 | Transmission and Distribution of Electric Power Collection, Shipment, and Disposal of Radioactive Waste Meat Wholesale Inner Harbor Passenger Transport Business Inner Harbor Cargo Transport Business International Air Transport Business Domestic Air Transport Business Small Air Transport Business Newspaper Publishing Business Magazine and Periodicals Publishing Business | Ministry of Knowledge Economy Ministry of Knowledge Economy Ministry of Food, Agriculture, Forestry & Fisheries Ministry of Land Transportation & Maritime Affairs Ministry of Land Transportation & Maritime Affairs Ministry of Land Transportation & Maritime Affairs Ministry of Land Transportation & Maritime Affairs Ministry of Land Transportation & Maritime Affairs Ministry of Culture, Sports & Tourism Ministry of Culture, Sports & Tourism | Permitted in the following cases only: 1. Ratio of foreign investment shall be less than 50%. 2. Voting Stocks shared by Foreign Investor shall be less than those of the largest local stockholder. Permitted except radioactive waste management services under Article 9 of the Radioactive Waste Control Act Permitted in case the ratio of foreign investment is less than 50% Permitted in case all of the following requirements are satisfied: 1. Object of Permission: Passenger or cargo transport between South and North Korea 2. Joint venture Agreement shall be made with a Shipping company of ROK. 3. Ratio of foreign investment shall be 50% or less. The same Standards for Permission as those of Inner Harbor Passenger Transport shall apply. Permitted in case the ratio of foreign investment is less than 50% Permitted in case the ratio of foreign investment is less than 50% Permitted in case the ratio of foreign investment is less than 50% Permitted in case the ratio of foreign investment is less than 30% Permitted in case the ratio of foreign investment is less than 50% |
Type of Business | Nature of Business | Competent Authority | Standards for Permission | Opening Time |
60100 60210 60221 60222 60229 61210 | Radio Broadcasting Business Free-to-air Broadcasting Business Program Provision Business Cable Broadcasting Business Satellite and other Broadcasting Business Wire Communication Business | Korea Communications Council Korea Communications Commission Korea Communications Commission Korea Communications Commission Korea Communications Commission Korea Communications Commission | Not permitted Not permitted Permitted in case the ratio of foreign investment is 49% or less (As for Program Providers performing General Channel Programming, however, permitted in case the ratio of foreign investment is 20% or less; for Program Providers specializing in News Report programming, permitted in case the ratio of foreign investment is 10% or less) ※ Program Provision Business refers to “Program Provision Business” under the Broadcasting Act. As for the CATV Broadcasting Business, permitted in case the ratio of foreign investment is 49% or less (for the CATV Relay Broadcasting Business, however, permitted in case the ratio of foreign investment is 20% or less) Permitted in case the ratio of foreign investment is 49% or less (As for the Internet Multimedia Broadcasting Contents Business Operator performing General Programming or specializing in News Report programming, permitted in case the ratio of foreign investment is 20% or less) Permitted only in case the total stocks (limited to voting stocks or their equivalent such as Depositary Receipts, etc., and equity shares) owned by Foreign government and Foreigner (including a deemed foreign person) are 49/100 or less of the total number of issued stocks (As for KT, however, Foreigner, etc., may not become the largest stockholder except in case the owned stocks are less than 5/100) ※ A deemed foreign person means a juridical person wherein 15/100 or more of the total number of issued stocks are owned by Foreign government and Foreigner (including a specially related person under Subparagraph 1, Article 2 (20) of the Stock Trade Act) as the largest stockholder |
Type of Business | Nature of Business | Competent Authority | Standards for Permission | Opening Time |
61220 61230 61299 63910 64121 64201 | Wireless Communication Business Satellite Communication Business Other Electronic Communication Business News Agency Business Domestic Bank Asset Management Organization | Korea Communications Commission Korea Communications Commission Korea Communications Commission Ministry of Culture, Sports & Tourism Financial Services Commission Financial Services Commission | The same Standards for Permission as those of Wire Communication Business shall apply. The same Standards for Permission as those of Wire Communication Business shall apply. The same Standards for Permission as those of Wire Communication Business shall apply. (There are no restrictions on value-added communication business, however.) Permitted in case the ratio of foreign investment is less than 25% Permission granted only to a commercial Bank or a provincial Bank (Note, however, that Permission is not granted for Specialized Bank and Agricultural, Fisheries & Livestock Cooperatives) <Deleted as of Apr. 27, 2004> |
[Attached Table No.3]
A. Management No.: B. Report Agency: C. Document No.: Date of Report:
D. Matters on Technology Introducer
1. Name of Company:
3. Name of Business Conglomerate:
5. Business Operator Registration No.: 6. Import-Exporter Business License No.:
E. Matters on Technology Provider
1. Name of Company:
2. Nationality: 3. Whether a Multinational Company or not: 4. Capital:
2. Location:
4. Whether Small and Medium Company or not, and Capital:
7. Whether to introduce Existing Technology:
F. Contents of Technology Introduction
1. Agreement period:
2. Name of Contracted Product:
3. Industrial Classification:
6. Name of Trademark:
4. Whether Durable Goods or not:
5. Object of Tax Reduction/Exemption:
7. Type of Introduced Technology (encircle the relevant No.)
8. Restricted Matters, etc.(encircle the relevant No.)9. Royalty, Payment Method, Paid Currency:
1 | Provision of Technology Information, Technology Materials, Information & Materials (including Know-How) |
2 | Technical Service, Guidance, Training, Education, Consulting, Technology Acquisition and Invitation or Dispatch of Technician, Test and Examination, Quality Assurance and Management Thereof, etc. |
3 | Grant of Patent License |
4 | Grant of Trademark License |
5 | Grant, Etc., of Other Industrial Property Rights (Utility Model Right and Design Right) License Except Matters Above |
G. Matters on Modification of Agreement
Serial No. | Modification Code | Modified Contents | Date of Modification Report | Modification Report Document No. | Matters Before Modification | Matters After Modification |
01 | ||||||
02 | ||||||
03 | ||||||
04 | ||||||
05 |
* Note) Refer to the back for the Preparation of Licensing Agreement Report Form and Computing Codes.
Preparation of Licensing Agreement Report Form
※ Fill in the relevant Code No. in ( ) by referring to the Com puting C odes Table at the back.
A. Management No.: Consists of R eport Year and Receipt Serial No., entered by the Ministry of
Knowledge Econom y.
B . Report Agency: Fill in the Nam e and Code of Agency to which the initial report had been m ade. C . Docum ent No. : Fill in the No. of the Document indicating the relevant License Agreement R eport. D. M atters on Technology Introducer
1. Name of Company: Fill in the Nam e of the Technology Introducing Com pany in Korean. The
C ode of the C om pany shall be entered by the M inistry of Knowledge Economy.
2. Location: Fill in the Nam e of City, Do where the C om pany is located and the C ode thereof.
- Fill in the location of the m ain Factory only in case factories are distributed in several locations.
- Fill in the location of the m ain business place or Head Office in case of a business requiring
no factory.
3. Name of Business Conglom erate: Fill in the Nam e of the B usiness Conglom erate with which the introducer is affiliated. The C ode of the Company shall be entered by the M inistry of Knowledge Econom y.
4. Whether Sm all and M edium Company or not, and Capital: Sm all and M edium Company = encircle (o); Large C om pany = cross out (x) / Fill in the paid-in capital of the Technology Introducer in M illion KR W unit.
5. Business Operator Registration No.: Fill in the Business Operator Registration No. registered with the relevant Tax Office.
6. Import-Exporter B usiness License No.: Fill in the Import-Exporter B usiness License No. granted by the Mayor/Do-Governor.
7. Whether to introduce the Existing Technology: Encircle in case Technology Introduction has been
m ade in the past.
E. M atters on Technology Provider (Enter in two lines in case there are m ore than one provider.)
1. Nam e of Company: Enter the Name of the Company providing the Technology in English. In case of a Japanese company, fill in the Japanese pronunciation in Korean together with English or Chinese Characters.
2. Nationality: Fill in the country and corresponding C ode of the Technology Provider.
3. Whether a M ultinational C om pany or not: Encircle only if the Provider is a multinational company.
※ M ultinational com pany means a company having business places in two countries or more except
the Head Office.
4. Capital: Fill in the C apital of the Technology Provider calculated in US$ by Million unit.
F. C ontents of Technology Introduction
1. Agreement period: Fill in the effective date, expiry date, and Agreem ent period of the relevant
License Agreem ent.
2. Nam e of Contracted Product: Fill in the Nam e of the Project to be carried out for the introduction of Technology or C ontents of the introduced Technology concretely.
3. Industrial Classification: Fill in the Business name and Industrial Code of the m ain Project concerning the relevant Technology Introduction.
- Supply of Technical Service: Refers to receiving services such as Technical Drawing, C onsulting, Construction Supervision, Supervision, Inspection and Procurement, etc., from experts with extensive experience and technology thereof for purposes of construction of specific factory facility, m anufacture of product, test survey, quality assurance or m anagem ent thereof, and corporate m anagem ent or involves inviting or dispatching technicians to promote technology acquisition including technology road map
- Grant of Patent License: Pertains to obtaining grant of Patent license especially among
Industrial Property Rights for a certain period
- Grant of Tradem ark License: R efers to obtaining grant of Trademark license especially am ong
Industrial Property Rights for a certain period
- Others: Pertains to obtaining grant of Industrial Property R ight license other than Patent right
and Trademark right (Utility Model R ight, Design R ight, etc.) or technological contents not falling under the four Item s above.
8. Restricted M atters, etc.: Encircle the Nos. corresponding to the contractual Restricted matters of the introduced Technology.
9. R oyalty, Paym ent Method
- Fill in paym ent of royalty, paid currency, and Code thereof.
- Royalty: Fill in the relevant blank by type of paym ent.
- M ethod, Period, and Scope of Payment: Fill in the Method of paym ent in installments, unit, quantity and fixed period, etc., in abridged form .
- Payment Level (Am ount/R ate): Amount may be entered as two decimal places, and rate, as three decimal places. Fill in by choosing either amount or rate.
※ Definition of Royalty
- Agreed upon Am ount: Refers to providing royalty for the relevant License Agreement in a
certain am ount and paying it in full or in several installm ents.
- Deposit Money and Advance Paym ent, etc.: Involves paying separately a certain amount of m oney in full or in several installments together with the current royalty
- Current Royalty
· Pertains to paym ent of a certain ratio of net sales or a certain am ount of sales quantity
as royalty
· In case of applying the differential payment rate of royalty according to the variance of
net sales or sales quantity, fill in the minimum am ount (rate) and maximum amount (rate) in the order of application.
- Others: Refers to technology royalties other than the Item s above; fill in this blank with
separate item s of technology royalties such as service fee, drawing fee, security deposit, etc. G. Matters on Modification of Agreement
※ For Paragraphs A to F, fill in contents of the initial Report again.
4. W hether Durable Goods or not: Indicate whether the m ain product is Durable Goods or not and the Code thereof.
5. W hether to waive Tax R eduction/Exem ption: Fill in the contents of waiver of Tax
R eduction/Exem ption due to the introduction of the relevant Technology together with the Code
for Tax Reduction/Exem ption.
6. Nam e of Tradem ark: Fill in the Names of Tradem arks (up to three) in case of grant of
Trademark concerning the relevant Technology Introduction.
7. Type of Introduced Technology: Encircle the Nos. corresponding to the types of introduced
Technology.
※ Definition of Type of Technology
- Provision of Technology Information, Technology Materials: Refers to all Information and Technology Materials provided by the provider in relation to the relevant Technology Introduction as exclusively owned such as Process M ethods, Drawings, Designs, Specifications, Samples, Know-how, Industrial Inform ation, etc., although there is no registered Industrial Property Right
※ For Paragraph G, fill in modified contents together with the C odes among the contents of
Paragraphs A to F.
1. M odification Code: Refer to Attachm ent.
2. M odified Contents: Fill in the Name of the m odified Item (Nam e of Report Form ).
3. Date of M odification Report
4. M odification R eport Docum ent No.: Fill in the No. of docum ent indicating the modification
Report above.
5. M atters before Modification: Fill in the contents of the initially concluded Agreem ent.
6. M atters after Modification: Fill in the contents of the modified Agreem ent.
Technology Introduction Computing Codes
[Attached Table No. 4] Revised as of <Mar. 7, 2011>
A. Korea Trade Investment Promotion Agency
B. Foreign Exchange Bank
(a) Local Banks
1. Korea Development Bank
2. Industrial Bank of Korea
3. Kookmin Bank
4. SC First Bank
5. Woori Bank
6. Korea Exchange Bank
7. Shinhan Bank
8. Citibank Korea, Inc.
9. Hana Bank
10. Daegu Bank
11. Busan Bank
12. Kwangju Bank
13. Jeju Bank
14. Jeonbuk Bank
15. Kyongnam Bank
16. National Agricultural
Cooperative Federation
17. National Federation of
Fisheries Cooperatives
(b) Local Branch of Foreign Banks
1. Bank of America, N.A. Seoul Branch
2. The Bank of New York, Seoul Branch
3. The Bank of Tokyo-Mitsubishi, Seoul Branch
4. Mizuho Corporate Bank, Ltd., Seoul Branch
5. Sumitomo Mitsui Banking Corporation, Seoul Branch
6. The Yamaguchi Bank Ltd., Pusan Branch
7. Credit Agricole Corporate & Investment Bank, Seoul Branch
8. BNP Paribas, Seoul Branch
9. Societe Generale, Seoul Branch
10. ING Bank N.V., Seoul Branch
11. DBS Bank Ltd., Seoul Branch
12. Deutsche Bank AG, Seoul Branch
13. Hong Kong and Shanghai Banking Corporation Ltd., Seoul Branch
14. Bank of China, Seoul Branch
15. The Royal Bank of Scotland N.V., Seoul Branch
16. JP Morgan Chase Bank, Seoul Branch
17. Landesbank Baden-Württemberg, Seoul Branch
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/rofiaiot654