Law Viewer

Back Home

ACT ON EXPERIMENTS AND RESEARCH, ETC. FOR THE PROMOTION OF SCIENCE AND TECHNOLOGY OF FISHERIES

Act No. 10483, Mar. 29, 2011

Amended by Act No. 11093, Nov. 22, 2011

Act No. 11690, Mar. 23, 2013

Act No. 13383, jun. 22, 2015

Act No. 13385, jun. 22, 2015

 Article 1 (Purpose)
The purpose of this Act is to contribute to the growth of fisheries by prescribing matters necessary for experiments and research and the proliferation of technology related to the field of fisheries, and the provision of education and training of persons engaged in fisheries, etc. in order to promote the science and technology of fisheries.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11093, Nov. 22, 2011; Act No. 13385, Jun. 22, 2015>
1. The term "persons engaged in fisheries" means persons who conduct or are engaged in fisheries under subparagraph 1 of Article 2 of the Fisheries Act and the industry related to fisheries prescribed by Presidential Decree;
2. The term "science and technology of fisheries" means technology under the following items:
(a) Technology concerning the investigation, management and creation of aquatic resources;
(b) Technology concerning fisheries seed production, cultivation, and breeding of aquatic animals and plants;
(c) Technology concerning the hygiene, safety, storage, use and processing of fishery products;
(d) Technology concerning the improvement of chemicals for fisheries;
(e) Other technology necessary for the development of fisheries.
3. The term "experimental and research projects" means the following projects performed by the State and local governments to promote the science and technology of fisheries:
(a) An experimental and research project for the development of the science and technology of fisheries;
(b) An experimental and research project forthe development of advanced technology for fisheries and the biology industry;
(c) An experimental and research project forthe conservation of the marine environment for fisheries;
(d) An experimental and research project forthe development and production of preventative medicines against infectious diseases of fisheries biology;
(e) An experimental and research project for the establishment of standards and the quality control of materials, such as equipment for fishery and processing industry, etc.;
(f) An experimental and research project for the improvement of productivity and the efficiency of management of fisheries;
(g) An investigation or experimental and research project for the environment of coastal fishing banks;
(h) Other projects prescribed by Presidential Decree.
4. The term "projects for the proliferation of technology" means the following projects performed by the State and local governments to promote the science and technology of fisheries:
(a) A project for fostering organization of fisheries for the improvement of the productivity of fisheries and the improvement in the management of persons engaged in fisheries;
(b) A project for the proliferation of technology developed in an experimental and research project;
(c) A project for the development and proliferation of technology of fisheries meeting regional characteristics (hereinafter referred to as "regional fisheries");
(d) A project for the development and proliferation of technology that resolves or improves a bottleneck experienced by persons engaged in fisheries at the site of fisheries (hereinafter referred to as "technology improving a bottleneck at the site");
(e) A project for the guidance of the disease control technology for the prevention of disease of fisheries biology;
(f) Other projects prescribed by Presidential Decree.
5. The term "educational and training projects" means the following projects performed by the State and local governments to promote the science and technology of fisheries:
(a) An educational and training project for those engaged in an experimental and research project, project for the proliferation of technology and educational and training project;
(b) A project for education and training on fishing techniques for persons engaged in fisheries, youths in fishing villages, women in fishing villages and members of organizations related thereto;
(c) An educational and training project for fostering professional human resources for fisheries, such as next-generation operators of fisheries and exclusive operators of fisheries, etc.;
(d) Other projects prescribed by Presidential Decree.
(2) The Fisheries Act shall apply to terms not specially defined in this Act.
 Article 3 (Regional Fisheries Promotion Institutions)
A local government may establish a regional fisheries promotion institution (hereinafter referred to as "regional fisheries promotion institution") pursuant to Article 113 of the Local Autonomy Act to perform regional experimental and research projects and projects for the proliferation of technology.
 Article 4 (Promotion of Research and Development)
(1) The Minister of Oceans and Fisheries shall promote the following research and development in order to promote experimental and research projects: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13383, Jun. 22, 2015>
1. Research and development of the basic science and technology of fisheries;
2. Research and development concerning varieties for export of fishery products;
3. Applied research on fisheries biotechnology;
4. Technical development of industries related to fisheries under Article 30 of the Framework Act on Fisheries and Fishing Villages Development;
5. Research and development concerning the industrialization of fisheries biology;
6. Development of new technologies meeting the regional characteristics and development of technologies improving bottlenecks at the site.
(2) The Minister of Oceans and Fisheries shall formulate a master plan for development of the science and technology of fisheries every year for the efficient promotion of research and development under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Matters necessary for the promotion of research and development under paragraph (1) shall be prescribed by Presidential Decree.
 Article 5 (Joint Research)
(1) The Minister of Oceans and Fisheries may have a regional fisheries promotion institution, university, research institution, related expert and persons engaged in fisheries, etc. conduct joint research to develop techniques for practical use required by persons engaged in fisheries at the site of fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may give financial aid, such as subsidies, etc., to persons who conduct joint research under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
(3) Projects subject to joint research under paragraph (1) and matters necessary for the conduct of joint research shall be prescribed by Presidential Decree.
 Article 6 (Reflection in Projects for Proliferation of Technology)
(1) The Minister of Oceans and Fisheries shall reflect matters that require the proliferation of technology developed and support thereto by conducting integrated assessment of the result of research and development under Articles 4 and 5 in projects for the proliferation of technology. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the head of a local government deems it necessary to reflect the result of an experimental and research project it conducted by conducting integrated assessment thereof in projects for the proliferation of technology, he/she may request the Minister of Oceans and Fisheries to reflect the same in projects for the proliferation of technology, and propose policies for support, etc. to the Minister of Oceans and Fisheries regarding the matters that require support. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Oceans and Fisheries who has received a proposal of policies for support, etc. pursuant to paragraph (2) may formulate policies for support, etc. and take measures so that developed technology, etc. may be disseminated to the sites of fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 7 (Formulation of Master Plan of Projects for proliferation of Technology)
(1) Each year the Minister of Oceans and Fisheries shall formulate a master plan of projects for the proliferation of technology including the following matters and inform the heads of local governments of the master plan: <Amended by Act No. 11690, Mar. 23, 2013>
1. The objective of projects for the proliferation of technology;
2. The direction of policies for projects for the proliferation of technology;
3. Tasks and details of the promotion of projects for the proliferation of technology;
4. Other matters necessary for projects for the proliferation of technology.
(2) The head of a local government shall formulate and execute a master plan of projects for the proliferation of technology under paragraph (1) in line with the regional circumstances.
 Article 8 (Adjustment of Experimental and Research Projects)
(1) The Minister of Oceans and Fisheries shall deliberate on and adjust the following business conducted by experimental and research institutions under his/her command and experimental and research institutions of local governments, as prescribed by Presidential Decree, in order to promote experimental and research projects and avoid the overlap thereof: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters concerning support and the fostering of research and development institutions;
2. Matters concerning tasks of research and development;
3. Matters concerning training and the securing of human resources for research;
4. Other matters concerning the development of the science and technology of fisheries.
(2) The Minister of Oceans and Fisheries may moderate projects for the proliferation of technology performed by local governments in consultation with them to promote balanced development of regional fisheries and promote projects for the proliferation of technology efficiently. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A public organization that may perform a project for the proliferation of technology pursuant to other Acts shall closely cooperate with agencies in charge of the promotion of fisheries of the State or local governments.
(4) Where the Minister of Oceans and Fisheries deems it necessary for the promotion of the science and technology of fisheries, he/she may have the heads of local governments conduct research or investigations. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 9 (Formulation of Master Plan for Education and Training)
(1) The Minister of Oceans and Fisheries shall formulate a master plan for education and training in the field of fisheries every year and inform the heads of local governments of the master plan in order to systematically conduct education and training. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The heads of local governments shall take the necessary measures for education and training in consideration of a master plan for education and training under paragraph (1) and regional characteristics.
(3) Matters necessary for the formulation of a master plan for education and training and the provision of education and training under paragraph (1) shall be prescribed by Presidential Decree.
 Article 10 (Public Officials for Research and Public Officials for Proliferation of Technology)
(1) The State and local governments shall employ public officials for research and public officials for the proliferation of technology to engage in experimental and research projects, projects for the proliferation of technology and educational and training projects.
(2) Public officials for research means public officials engaged in experiment and research or education and training.
(3) Public officials for the proliferation of technology means public officials engaged in the proliferation of technology or education and training.
(4) The Minister of Oceans and Fisheries may appoint a person whose performance during his/her tenure of office was excellent, as a public official for research who retired from office at the regular retirement age, to an honorary post and have him/her continuously take charge of experiments and research. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 11 (Qualifications for Public Officials for Research and Public Officials for proliferation of Technology)
(1) Public officials for research and public officials for the proliferation of technology shall be those who have completed the established professional education prescribed by Presidential Decree in the light of specialization of the duties in their charge.
(2) Matters necessary for qualifications for, an allowance to, the method of appointment and service of a person who may be appointed to an honorary post pursuant to Article 10 (4) shall be prescribed by Presidential Decree.
 Article 12 (Service of Public Officials for Research and Public Officials for Proliferation of Technology)
No public official for research nor any public official for the proliferation of technology shall conduct any business other than projects prescribed by this Act.
 Article 13 (Financial Support of State)
(1) The State may subsidize all or some of working expenses to local governments that perform experimental and research projects, projects for the proliferation of technology and educational and training projects.
(2) The State may give financial support, such as subsidies, etc., to schools, organizations or individuals performing experimental and research projects, projects for the proliferation of technology and educational and training projects, as prescribed by Presidential Decree.
 Article 14 (Lending of State Property)
(1) Where the State deems it necessary for experimental and research projects, projects for the proliferation of technology, and educational and training projects, notwithstanding the State Property Act and the Commodity Management Act, it may transfer or lend State property and commodities to agencies in charge of the proliferation of technology of local governments or let them use the same without compensation.
(2) Where the State transfers or lends State property and commodities to agencies in charge of the proliferation of technology of local governments, or let them use the same without compensation pursuant to paragraph (1), the details and conditions thereof and the procedure therefor shall be determined by a contract by and between the head of an office of the central government of the relevant property and commodities and a local government.
 Article 15 (Cooperation of Local Governments)
A local government shall take the necessary administrative and financial measures for the promotion of the science and technology of fisheries, such as projects for the proliferation of technology, etc., in order to promote balanced development of regional fisheries.
 Article 16 (Transfer of Results of Research and Development)
(1) Where a company that has participated in joint research and development uses the results of research and development conducted jointly with an experimental and research institution under the command of the Minister of Oceans and Fisheries, he/she may collect technology royalties from the company or exempt the company from technology royalties, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may pay compensation to public officials for research who have participated in the relevant research and development within the extent of technology royalties collected pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where a public official under the command of the Minister of Oceans and Fisheries files an application for a patent (including a new design for practical use) on technology that he/she has researched and developed in connection with his/her duties, if the Minister of Oceans and Fisheries determines that the early industrialization of the relevant technology may contribute to the promotion of the public interest even before a patent is registered, he/she may allow a person who intends to industrialize the relevant technology to industrialize such technology in consultation with the Commissioner of the Korean Intellectual Property Office even before a patent is registered. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 17 (Promotion of Academic-Industrial Cooperative Projects for Fisheries)
(1) The Minister of Oceans and Fisheries may promote academic-industrial projects for fisheries in order to promote the development of the science and technology of fisheries. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Oceans and Fisheries may furnish necessary funds to schools for fisheries, fisheries operators' organizations, research institutions, companies and persons engaged in fisheries within budgetary limits in order to promote academic-industrial based projects for fisheries under paragraph (1) smoothly. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 18 (Delegation of Authority)
The Minister of Oceans and Fisheries may delegate part of his/her authority derived under this Act to the head of an agency under his/her jurisdiction and the head of a local government, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 11093, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 through 4 Omitted.
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. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13385, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.