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ACT ON THE PROMOTION OF NANOTECHNOLOGY

Act No. 6812, Dec. 26, 2002

Amended by Act No. 8852, Feb. 29, 2008

Act No. 10772, jun. 7, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11713, Mar. 23, 2013

 Article 1 (Purpose)
The purpose of this Act is to contribute to innovations in science and technology and the development of the national economy by promoting the systematic fostering and development of nanotechnology, and by creating nanotechnology research infrastructure.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "nanotechnology" means the following technology:
(a) Science and technology developing a material, element or system (hereinafter referred to as "material, etc.") which indicates a new or improved physical, chemical or biological trait by manipulating, analyzing or controlling matter within a range of dimension sized nanometer;
(b) Science and technology which minutely processes a material, etc. within a range of dimension sized nanometer.
2. The term "nanofab" means all equipment and facilities related to analysis, processing, processes of manufacture or evaluation of traits necessary to promote research and development of nanotechnology.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 3 (Formulation of Basic Policy)
(1) The Government shall formulate a basic policy to foster and develop nanotechnology in order to efficiently achieve the purpose of this Act.
(2) The Government shall endeavor to increase investment funds necessary to promote research and development of nanotechnology and to enhance efficient investment in such research and development
(3) Government-funded, national or public research institutions (hereinafter referred to as "research institution") shall actively cooperate in the implementation of the basic policy under paragraph (1).
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 4 (Formulation of Comprehensive Nanotechnology Development Plan)
(1) The Government shall formulate a comprehensive nanotechnology development plan (hereinafter referred to as "comprehensive development plan") to promote research and development of nanotechnology and shall implement the comprehensive development plan.
(2) The head of each related central administrative agency shall formulate policies and plans for fields under his/her jurisdiction, on matters referred to in the subparagraphs of paragraph (4) and notify the Minister of Science, ICT and Future Planning of such polices and plans. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Science, ICT and Future Planning shall prepare a draft comprehensive development plan by integrating policies and plans of each related central administrative agency notified under paragraph (2) and confirm the comprehensive development plan following deliberation by the National Science and Technology Council (hereinafter referred to as the "National Science and Technology Council") under Article 9 (1) of the Framework Act on Science and Technology. <Amended by Act No. 11713, Mar. 23, 2013>
(4) The comprehensive development plan shall include the following matters:
1. Objectives for the development of nanotechnology and basic direction-setting for policies;
2. Facilitation of research and development of nanotechnology and increase of investment therein;
3. Promotion of research and development of nanotechnology and promotion of cooperative research among industrial, academic and research circles, and interdisciplinary research;
4. Expansion of research infrastructure, such as human resources, facilities and information related to nanotechnology;
5. Promotion of international cooperation in nanotechnology;
6. Dissemination of the outcomes from research on nanotechnology and technology transfer;
7. Other important matters prescribed by Presidential Decree concerning the development of nanotechnology.
(5) Where necessary due to changes in the trends of development and the conditions of research and development of nanotechnology, the Government shall revise and supplement the comprehensive development plan pursuant to paragraph (3).
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 5 (Formulation of Implementation Plans)
(1) The head of each related central administrative agency shall formulate an annual implementation plan (hereinafter referred to as "implementation plan") in accordance with the comprehensive development plan and implement such plan.
(2) The Minister of Science, ICT and Future Planning shall integrate and report an implementation plan of the relevant year and the outcomes of implementation of the preceding year to the National Science and Technology Council, as prescribed by Presidential Decree. <Amended by Act No. 11713, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 6 (Implementation of Research and Development)
(1) The head of each related central administrative Agency shall implement nanotechnology research and development projects on the fields under his/her jurisdiction and formulate policies supporting such projects in accordance with the comprehensive development plan.
(2) When the Government implements a nanotechnology research and development project, it shall reflect industrial demand and the forecasted results of technological development therein.
(3) The Minister of Science, ICT and Future Training shall prepare a comprehensive technical map in the fields of nanotechnology for the formulation of technological development strategies and direction-setting for investment in research and development, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) When the head of each related central administrative agency implements a nanotechnology research and development project, he/she shall actively reflect the technical map prepared pursuant to paragraph (3) in the production of a core technology intended for development.
(5) The Government shall promote interdisciplinary cooperative research based upon the traits of nanotechnology, and formulate a plan to promote international cooperation and joint research.
(6) The Government shall regularly survey and analyze the trends of development and the direction-settig for investment in leading countries on nanotechnology and reflect the findings therefrom in policies related to nanotechnology.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 7 (Korea Nanotechnology Research Society)
(1) The Minister of Science, ICT and Future Planning may permit industrial, academic and research circles to form and operate the Korea Nanotechnology Research Society in order to promote information exchange, human resource exchange, and cooperative research among researchers in industrial, academic and research circles, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Government may fully or partially subsidize expenses incurred in conducting activities of the Korea Nanotechnology Research Society under paragraph (1).
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 8 (Support for Private Technological Development)
(1) The Government shall formulate support policies, such as the supply of quality nanotechnology human resources, tax and financial support and preferential purchases, in order to revitalize nanotechnology research and development and induce the increase of investment in research and development by the privatel sector.
(2) The Government shall preferentially implement support policies under paragraph (1) for technology-intensive small and medium enterprises using nanotechnology and starting nanotechnological businesses using nanotechnology.
(3) The Minister of Science, ICT and Future Planning shall reflect the findings from surveys on nanotechnology research and development activities in the private sector under Article 9 in policies related to nanotechnology development in order to efficiently implement support policies under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 9 (Surveys on Nanotechnology Research and Development Activities)
(1) The Minister of Science, ICT and Future Planning may survey and analyze nanotechnology research and development activities of the private sector to efficiently implement support policies under Article 8 (1), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where necessary to conduct surveys and analyses under paragraph (1), the Minister of Science, ICT and Future Planning may request data from enterprises, corporations and organizations participating in national research and development projects. In such cases, enterprises, corporations and organizations in receipt of such request shall provide cooperation therein, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 10 (Training of Professional Human Resources)
(1) The Government shall formulate a plan to train nanotechnology human resources and policies on the provision of educational and training programs related to the training of human resources, overseas training of professional human resources and attracting and utilizing quality overseas human resources in order to develop human resources necessary to promote the development of nanotechnology.
(2) The Minister of Science, ICT and Future Planning shall forecast the outlook of the supply of and demand for human resources in the fields of nanotechnology in consultation with the heads of related central administrative agencies and reflect the results thereof in the plan to train nanotechnology human resources and policies under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Government may entrust nanotechnology human resource training services under paragraph (1) to an institution, organization and university related to nanotechnology, as prescribed by Presidential Decree.
(4) The Government may fully or partially subsidize expenses incurred in providing nanotechnology human resources training services to an institution, organization and university which provides such training services pursuant to paragraph (3).
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 11 (Increase of Research Facilities, etc.)
(1) The Government shall formulate a policy to increase research and development facilities and equipment related to nanotechnology and implement such policy in order to efficiently implement research and development of nanotechnology.
(2) The Government shall establish and operate the Nanofab Center to perform functions, such as the joint utilization of research and development facilities and equipment related to nanotechnology of industrial, academic and research circles, training of professional human resources, commercialization of research outcomes and support for business startup of enterprises, as prescribed by Presidential Decree.
(3) The Government shall create conditions suitable for the operation of research institutes related to nanotechnology and enterprises which start business using nanotechnology centering around the neighboring area of the Nanofab Center.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 12 (Commercialization of Research and Development)
(1) The head of each related central administrative agency shall formulate and implement support policies necessary to promote the commercialization of developed nanotechnology.
(2) Matters necessary for the details of support policies under paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 13 (Research Institutes Specialized in Nanotechnology)
(1) Where necessary to maintain and develop a systme of close cooperation among industrial, academic and research circles, the Minister of Science, ICT and Future Planning may establish or designate a research institute specialized in nanotechnology which will play a role as a stronghold for research and development of nanotechnology in consultation with the heads of related central administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Whenre the Minister of Science, ICT and Future Planning designates a research institution established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions as a research institute specialized in nanotechnology under paragraph (1), he/she shall consult with the competent supervising authorities in advance. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Government may fully or partially subsidize expenses incurred in operating a research institute specialized in nanotechnology established or designated pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 14 (Establishment of Technology Information System)
(1) The Government shall formulate and implement the following policies to efficiently support research and development of nanotechnology and promote the production, distribution, management and utilization of nanotechnology information:
1. Collection, analysis and processing of nanotechnology information and establishment of database;
2. Establishment and operation of a nanotechnology information network;
3. Establishment and operation of a virtual reality laboratory related to nanotechnology;
4. Other matters prescribed by Presidential Decree in relation to nanotechnology information.
(2) Where necessary to effectively implement policies referred to in paragraph (1), the Minister of Science, ICT and Future Planning may designate an institution specialized in nanotechnology information management, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Minister of Science, ICT and Future Planning designates a research institution established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions as an institution specialized in nanotechnology information management under paragraph (2), he/she shall consult with the competent supervising authorities in advance. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Science, ICT and Future Planning may fully or partially subsidize expenses incurred in operating an institution specialized in nanotechnology information management designated pursuant to paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 15 (Establishment of Standards System for Measurement)
The Government shall establish a standards system for measurement on the areas of nanotechnology pursuant to Article 19 (1) of the Framework Act on National Standards to effectively implement research and development of nanotechnology and promote the commercialization of research outcomes.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 16 (Creation of Nanotechnology Research Complexes)
(1) The Government may support the creation of a nanotechnology research complex in order to enhance efficiency in research and development of nanotechnology through organic connections among industrial, academic and research circles at a certain location, and attract or foster Korean and overseas nanotechnology-intensive enterprises.
(2) The head of each related central administrative agency may fully or partially subsidize expenses incurred in a project creating a nanotechnology research complex managed by a local government within budgetary limits.
(3) Matters necessary to support the creation of a nanotechnology research complex under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 17 (Fostering of Non-Profit Corporations, etc. Related to Nanotechnology)
(1) The Government shall foster non-profit corporations or organizations which support the advancement of nanotechnology and academic activities.
(2) The Government may fully or partially fund or subsidize expenses incurred in implementing a project to a non-profit corporations or organizations under paragraph (1).
(3) Matters necessary in relation to the scope of corporations or organizations eligible for fostering under paragraph (1) and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 18 (Tax Exemption)
Items deemed essential among tools and materials and equipment necessary for nanotechnology research and development activities may be exempted from tariffs and value-added taxes, as prescribed by the Restriction of Special Taxation Act.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
 Article 19 (Nanotechnology Impact Assessment)
The Government shall assess the impact of the development and industrialization of nanotechnology on the economy, society, culture, ethics and the environment in advance and reflect the results thereof in policies, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) A comprehensive nanotechnology development plan deliberated on and confirmed by the National Science and Technology Council under Article 9 (2) 1 of the Framework Act on Science and Technology shall be deemed formulated in accordance with Article 4.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10772, Jun. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.