(1) The Minister of Economy and Finance, the head of a central government agency that manages state property, the head of a local government, the head of a public institution, or the head of a local public enterprise under the Local Public Enterprises Act (excluding local government-directly operated enterprises; hereafter in this Article referred to as "local public enterprise") may, by a negotiated contract, allow a foreign-invested company or the operator of establishments built to improve a foreign-investment environment (hereafter in this Article and Articles 13-2 through 13-4 and 14 referred to as "foreign-invested company, etc.") to use or profit from land, factories, or other property (hereinafter referred to as "land, etc.") owned by the State, local government, public institution, or local public enterprise (hereinafter referred to as the "State, etc."), or may lend such land, etc. to the foreign-invested company, etc. (hereinafter referred to as "lease"), notwithstanding the relevant provisions of any of the following statutes; provided, land, etc. falling under Article 18 (1) 1 may be leased to repatriating enterprises in a non-Seoul metropolitan area: <Amended on Apr. 5, 2010; Dec. 11, 2012; Dec. 31, 2018; Feb. 4, 2020; Dec. 22, 2020>
1. The State Property Act;
2. The Public Property and Commodity Management Act;
3. The Act on the Management of Public Institutions;
4. The Urban Development Act;
5. The Act on the Development and Management of Logistics Facilities;
6. The Fishing Villages and Fishery Harbors Act;
7. The Act on the Development and Management of Marinas.
(2) Foreign-invested companies that are allowed to lease land, etc. pursuant to paragraph (1) shall be limited to companies meeting the minimum foreign investment ratio prescribed by Presidential Decree, and shall, after such lease, maintain the minimum foreign investment ratio for a period prescribed by Presidential Decree from the date of the lease (excluding where such companies temporarily fail to maintain the minimum foreign investment ratio for a period prescribed by Decree of the Ministry of Trade, Industry and Energy; hereinafter the same shall apply); provided, the foregoing shall not apply where a foreign-invested company, which has made a great contribution to the national economy in terms of the scale of employment creation, the amount of foreign investment, the effect of technology transfer, etc., falls under any of the following cases: <Added on Dec. 11, 2012; Mar. 23, 2013; Jan. 27, 2016; Feb. 4, 2020>
1. Where the foreign-invested company files a report on foreign investment with details for creating new employment exceeding the number of regular workers prescribed by Presidential Decree within three years;
2. Where the foreign-invested company files a report on foreign investment with details for making at least an investment amount prescribed by Presidential Decree within five years;
3. Where the foreign-invested company is granted a tax reduction or exemption under Article 121-2 (1) 1 of the Restriction of Special Taxation Act;
4. Where deemed necessary by the Minister of Trade, Industry and Energy after deliberation by the Foreign Investment Committee, from among businesses which have made substantial contributions to the expansion of social overhead capital, industrial restructuring, financial independence of the competent local government, etc.
(3) Where land, etc. owned by the State, etc. are leased under paragraph (1), the lease term under the Acts referred to in subparagraphs 1 through 5 of that paragraph may be set within a maximum of 50 years, notwithstanding the following provisions. In such cases, the lease term may be renewed, and the period of renewal shall not exceed the period specified in the former part at each time of renewal: <Amended on Apr. 5, 2010; Dec. 11, 2012; Feb. 4, 2020>
1. Articles 35 (1) and 46 (1) of the State Property Act;
2. Articles 21 (1) and 31 (1) of the Public Property and Commodity Management Act;
3. Article 69 (2) of the Urban Development Act.
(4) Where land owned by the State or a local government is leased under paragraph (1), a factory or other permanent facilities may be built on such land, notwithstanding Article 18 (1) of the State Property Act and Article 13 of the Public Property and Commodity Management Act. In such cases, the condition that the relevant facility be donated to the State or the local government, or returned after being restored to its original state, at the end of the lease term shall be attached, in consideration of the type, etc. of the facility. <Amended on Jan. 30, 2009; Dec. 11, 2012; Feb. 4, 2020>
(5) Where land, etc. owned by the State, etc. are leased under paragraph (1), rents under the Acts referred to in subparagraphs 1 through 5 of that paragraph shall be set as prescribed by Presidential Decree, notwithstanding the following provisions, and may be denominated in foreign currency: <Amended on Apr. 5, 2010; Dec. 11, 2012; Feb. 4, 2020>
1. Articles 32 (1) and 47 of the State Property Act;
2. Articles 22, 32, and 35 of the Public Property and Commodity Management Act;
3. Articles 26 and 69 of the Urban Development Act;
4. Article 50 of the Act on the Development and Management of Logistics Facilities.
(6) Deleted. <Feb. 4, 2020>
(7) Deleted. <Feb. 4, 2020>
(8) Deleted. <Feb. 4, 2020>
(9) Deleted. <Feb. 4, 2020>
(10) Deleted. <Feb. 4, 2020>
(11) Deleted. <Feb. 4, 2020>[This Article Wholly Amended on Jan. 30, 2009][Title Amended on Feb. 4, 2020]