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ENFORCEMENT DECREE OF THE INDUSTRIAL TECHNOLOGY RESEARCH COOPERATIVES SUPPORT ACT

Presidential Decree No. 12094, Mar. 19, 1987

Amended by Presidential Decree No. 17300, Jul. 7, 2001

Presidential Decree No. 17868, Dec. 31, 2002

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 22853, Apr. 5, 2011

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 27751, Dec. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Industrial Technology Research Cooperatives Support Act and matters necessary for the implementation thereof. <Amended by Presidential Decree No. 22853, Apr. 5, 2011>
 Article 2 (Application, etc. for Authorization to Incorporate Cooperatives)
(1) A person who intends to obtain authorization to incorporate an industrial technology research cooperative (hereinafter referred to as "cooperative") pursuant to Article 8 (1) of the Industrial Technology Research Cooperatives Support Act (hereinafter referred to as "Act") shall submit an application for authorization to incorporate a cooperative together with the following documents: <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22853, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
1. Articles of incorporation;
2. Plans for research and development;
3. Business plan and budget plan for the relevant business year;
4. Minutes of the inaugural general meeting;
5. List of members;
6. Resumes of executives and written consent to taking office.
(2) Where the Minister of Science, ICT and Future Planning receives an application for authorization to incorporate a cooperative pursuant to paragraph (1), he/she shall grant authorization if the cooperative meets the standards for authorization for incorporation under Article 3. In such cases, he/she shall have consultation with the heads of relevant central administrative agencies in advance. <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 22853, Apr. 5, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 3 (Standards for Authorization to Incorporate Cooperatives)
The standards for authorization to incorporate a cooperative under Article 8 (2) of the Act shall be as follows:
1. That it shall meet the requirements under Article 3 of the Act;
2. That the process of incorporation and articles of incorporation do not violate any Act or subordinate statute;
3. That it shall be able to raise funds necessary for the implementation of business, to promote research and development and have management capability;
4. That the task of technological development to be conducted is one that can be efficiently implemented through the cooperation of its members.
 Article 4 (Application for Authorization to Amend Articles of Incorporation)
Where a cooperative intends to obtain authorization to amend articles of incorporation pursuant to Article 10 (1) of the Act, it shall submit an application to amend articles of incorporation, together with the documents prescribed by Ordinance of the Ministry of Science, ICT and Future Planning, to the Minister of Science, ICT and Future Planning. <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 5 Deleted. <by Act No. 17300, Jul. 7, 2001>
 Article 6 (Preservation of Documents and Books)
A cooperative shall preserve the following documents and books in electronic form, and shall record changed matters thereon: <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
1. Articles of incorporation;
2. Minutes of general meetings and board meetings;
3. List of members;
4. Documents concerning the settlement of accounts;
5. List of property.
 Article 7 (Recommendations, etc. on Installation of Research Facilities)
Where the Minister of Science, ICT and Future Planning deems it necessary to promote research and development of cooperatives, he/she may recommend cooperatives to purchase research equipment and materials, to install research facilities, etc., and may support funds, etc. necessary for such matters. <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 8 (Assistance from Funds, etc.)
The Minister of Science, ICT and Future Planning may request the heads of relevant central administrative agencies to take measures necessary for granting the following assistance to cooperatives and members who commercialize the outcomes of research and development: <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
1. Preferentially supporting funds on the joint surety offered by the Korea Technology Finance Corporation or members;
2. Conducting priority implementation of examination through a test and examination institute of products researched and developed by cooperatives or products produced after commercializing the outcomes of research and development of cooperatives;
3. Exchanging research personnel and supplying research facilities;
4. Supplying technological information;
5. Other matters that the Minister of Science, ICT and Future Planning deems necessary to foster cooperatives and to promote the outcomes of research by cooperatives.
 Article 9 (Requests for Preferential Purchase, etc.)
(1) The members of a cooperative may request the Minister of Science, ICT and Future Planning to call for the heads of relevant agencies to take measures necessary for preferential purchase under Article 15 of the Act, the products produced upon commercialization of research outcomes of the cooperative and other measures necessary to protect market (hereinafter referred to as "measures for preferential purchase, etc."). <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
(2) Where the Minister of Science, ICT and Future Planning is requested to take measures for preferential purchase, etc. pursuant to paragraph (1), he/she may call for the heads of relevant agencies to examine the following matters and to take measures for preferential purchase, etc.: <Amended by Presidential Decree No. 17300, Jul. 7, 2001; Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013>
1. Contents of development of industrial technology and the technological level thereof;
2. Production process and technological feasibility;
3. Comparison with products of the same or similar kind;
4. Production capacity, production costs and plan for production;
5. Technological and economic ripple effect on the relevant business;
6. Necessity to take measures for preferential purchase, etc.
 Article 10 (Submission of Reports on Business Results, etc.)
A report on business results and on the settlement of accounts submitted by cooperatives pursuant to Article 16 of the Act shall be submitted to the Minister of Science, ICT and Future Planning within three months from the end of the relevant business year, as prescribed by Ordinance of the Ministry of Science, ICT and Future Planning. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Wholly Amended by Presidential Decree No. 17868, Dec. 31, 2002]
 Article 10-2 (Re-Examination of Regulation)
The Minister of Science, ICT and Future Planning shall examine the appropriateness of the following matters every two years, counting from each
base date specified in the following (referring to the period that ends on the
day before the base date of every second year) and shall take measures, such
as making improvements:
1. Keeping of documents and books prescribed in Article 6 : January 1, 2015;
2. Submission of reports on business results, etc. prescribed in Article 10: January 1, 2015;
3. Standards for imposition of administrative fines prescribed in Article 11 and the attached Table: January 1, 2015.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
 Article 11 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Article 19 (1) of the Act shall be as listed in the attached Table.
[This Article Newly Inserted by Presidential Decree No. 22854, Apr. 5, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) Deleted.
ADDENDUM <Presidential Decree No. 17300, Jul. 7, 2001>
This Decree shall enter into force on July 17, 2001.
ADDENDUM <Presidential Decree No. 17868, Dec. 31, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20678, 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.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22853, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) The previous provisions shall apply to the imposition of administrative fines for violations committed before this Decree enters into force, notwithstanding the amended provisions of the attached Table.
(2) A disposition for an administrative fine received for a violation committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of the attached Table.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 (Transitional Measures concerning Amendment to Enforcement Decree of Industrial Technology Research Cooperatives Support Act)
The previous provisions shall apply to the documents and books preserved by the Industrial Technology Research Cooperatives as at the time this Decree enters into force, notwithstanding the amended provisions of Article 6.
Articles 9 through 12 Omitted.