Revocation of Approval of Factory Establishment and others
Revocation of Approval of Factory Establishment and others
- When it is deemed difficult for the person who has obtained approval for factory establishment and others to perform the project due to reasons falling under any of the following, the head of the Si/Gun/Gu may revoke the approval for the establishment of such factory and others (Article 13-5. of the 「Industrial Cluster Development and Factory Establishment Act」).
· Where the person fails to start the construction of the person's factory for 3 years (2 years, where permission for or reporting on the conversion of farmland is deemed to be granted or made) from the date the person obtains approval of factory establishment and others.
· When it is impossible to establish a factory and others due to cancellation of permission to change the form and quality of land.
· Where the person fails to report on completion until 4 years have passed after the person obtains approval for the factory establishment and others and approval for installation of manufacturing facilities, or has suspended construction works for not less than 1 year after the commencement of construction of a factory.
· Where the person uses a site or a building approved for factory establishment and such for purposes other than those approved, without any justifiable reason.
· Where the person fails to meet the standards for approval of factory establishment.
Other Administrative Measures
Revocation of approval of installation of manufacturing facilities
- The head of the relevant Si/Gun/Gu can revoke the approval for installation of manufacturing facilities if he recognizes that it would be difficult to carry out the project due the approval for installation of manufacturing facilities being obtained by fraud or other unlawful means or due to the following reasons (Article 14-4. of the 「Industrial Cluster Development and Factory Establishment Act」 and Article 19-7. of the enforcement decree of the 「Industrial Cluster Development and Factory Establishment Act」).
· Where the person fails to commence installation of manufacturing facilities without any justifiable reason within 1 year from the date the person obtains approval for its installation.
· Where installation of manufacturing facilities became impossible due to destruction of a factory building, change in its usage, or other reasons.
Revocation of registration of factories
- When a registered factory falls under any of the following, the head of the competent Si/Gun/Gu can revoke the registration of the relevant factory (「Article 17.(1) of the 「Industrial Cluster Development and Factory Establishment Act」 and Article 21.(2) of the enforcement decree of the 「Industrial Cluster Development and Factory Establishment Act」).
· Where the factory ceases to exist or usage of the building has changed.
· Where the factory is shut down or its manufacturing facilities are removed.
· Where a contract for occupancy has been terminated in the industrial complex (only applicable to resident enterprises).
· Where the person fails to fulfill the attached conditions at the time of factory registration.
· Where the person violates an order or measure under the law.
· Where the person utilizes the relevant factory for the purpose other than factory use.
Termination of contract for occupancy
- Where an occupant enterprise or support agency falls under any of the following, the management agency can order the occupant enterprise or support agency to correct the situation within a 6 months peiod, and where the occupant enterprise or support agency fails to do so, it can terminate the contract(Article 42.(1) of the 「Industrial Cluster Development and Factory Establishment Act」, Article 54. of the enforcement decree of the 「Industrial Cluster Development and Factory Establishment Act」 and Article 42. of the enforcement rule of the 「Industrial Cluster Development and Factory Establishment Act」).
· Where an occupant enterprise fails to start constructing the factory and others within 2 years from the conclusion of the contract for occupandy without any justifiable reason.
· Where the completion of a factory and others is deemed in fact impossible.
· Where an occupant enterprise fails to commence business within 1 year after the completion of the factory and others or continues to suspend its business for not less than 1 year without any justifiable reason.
· Where an occupant enterprise or support agency has modified the enterprise name and matters provided in Article 35.(1) of the enforcement rule of the 「Industrial Cluster Development and Factory Establishment Act」 without concluding a contract of modification pursuant to Article 38.(2) of the 「Industrial Cluster Development and Factory Establishment Act」.
· Where the contract for occupancy pursuant to Article 38. and 38-2. of the 「Industrial Cluster Development and Factory Establishment Act」 is breached .
· Where an occupant enterprise leases or disposes of an industrial site and factory and others in violation of Article 38-2., 39.(1) or 39.(2) of the 「Industrial Cluster Development and Factory Establishment Act」.
· Where an occupant enterprise disposes of the partitioned industrial site or a joint-ownership portion of an industrial site, in violation of Article 39-2.(4) of the 「Industrial Cluster Development and Factory Establishment Act」.
Restitution
- In the following cases, the head of the Si/Gun/Gu may order the actor restitution within a set time frame (Article 13-5. of the 「Industrial Cluster Development and Factory Establishment Act」).
· Where the person fails to commence constructing the factory until 3 years (2 years, where permission for or reporting on the conversion of farmland is deemed to be granted or made) have lapsed from the date of approval for factory establishment and others.
· When it is impossible to establish a factory and others due to cancellation of permission to change the form and quality of land.
· Where the person fails to report on completion until 4 years have passed after the person obtains approval for the factory establishment and others and approval for installation of manufacturing facilities, or has suspended construction works for mot less than 1 year after the commencement of construction of a factory.
· Where the person uses a site or a building approved for factory establishment and such for purposes other than those approved, without any justifiable reason.
· Where the person fails to meet the standards for approval of factory establishment.