산업단지 내 처분 및 임대 제한 체계와 최근 규제 완화에 관한 검토

The Industrial Cluster Development and Factory Establishment Act (the “Act”) is designed to promote industrial clustering by encouraging enterprises engaged in manufacturing and other industrial activities to concentrate within designated areas with supporting facilities, thereby generating synergistic effects through interaction and functional integration. To this end, the Act imposes restrictions on resident enterprises within industrial complexes, including limitations on the disposition of industrial sites and factory facilities for a specified periodand the prohibition of leasing until such facilities have been put to actual use. These regulatory measures are intended to ensure that industrial clusters are formed and maintained by genuine end-users rather than speculative investors. While such restrictions are justified in light of the public interests underlying the Act, rigid regulations may constrain diverse investment structures at a time when both investor demand and resident enterprises’ financing needs are increasing. The 2024 amendments to the Act and its Enforcement Decree reflect legislative efforts to enhance efficiency within industrial complexes by introducing new investment mechanisms and facilitating the utilization of idle land. In particular, permitting in-kind contributions to jointly established corporations constitutes a relaxation of disposition restrictions; allowing the leasing of adjacent vacant factory sites represents a relaxation of lease restrictions; and the introduction of sale-and-leaseback arrangements simultaneously mitigates both disposition and leasing constraints. This study examines the legal foundations and key aspects of the disposition and lease restrictions under the Act. It further analyzes the 2024 amendments, focusing on the relaxation of these regulatory frameworks, and considers how the regulations governing disposition and leasing might evolve. To prevent the regulatory framework from becoming ineffective owing to excessive restrictions, while also guarding against the expansion of speculative demand that could undermine the original objective of forming clusters centered on actual end-users, the system must be administered in a balanced manner. This requires sustained and close engagement with stakeholders in industrial complexes, together with efforts to enhance the clarity and precision of the relevant legal provisions.