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ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SCIENCE AND TECHNOLOGY FOR LAND, INFRASTRUCTURE AND TRANSPORTATION

Presidential Decree No. 27280, jun. 28, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Science and Technology for Land, Infrastructure and Transportation and matters necessary for the enforcement thereof.
 Article 2 (Scope of Science and Technology for Land, Infrastructure and Transportation)
“Technologies prescribed by Presidential Decree” in subparagraph 5 of Article 2 of the Act on the Promotion of Science and Technology for Land, Infrastructure and Transportation (hereinafter referred to as “Act”) means the following technologies:
1. Technologies concerning underground safety pursuant to Article 13 of the Special Act on Management of Underground Safety;
2. Technologies related to industrial convergence in the field of land, infrastructure and transportation pursuant to subparagraph 1 of Article 2 of the Industrial Convergence Promotion Act;
3. Other matters which the Minister of Land, Infrastructure and Transportation deems necessary for development of industries in the field of land, infrastructure and transportation.
 Article 3 (Formulation and Implementation of Comprehensive Plans)
(1) The Minister of Land, Infrastructure and Transportation may request the head of the relevant central administrative agency and the head of the relevant local government to submit matters which shall be included in a comprehensive plan for research and development of science and technology for land, infrastructure and transportation (hereinafter referred to as “comprehensive plan”) pursuant to Article 4 (1) of the Act, or provide materials necessary therefor.
(2) Where the Minister of Land, Infrastructure and Transportation formulates a comprehensive plan prescribed in Article 4 (1) of the Act, he/she shall notify the head of the relevant central administrative agency and the head of the relevant local government of such formulation, and disclose the plan on the Internet web-site of the Ministry of Land, Infrastructure and Transportation.
 Article 4 (Formulation and Modification of Implementation Plans etc.)
(1) An implementation plan prescribed in Article 5 (1) (hereinafter referred to as “implementation plan”) shall include the following:
1. Promotion direction of fostering science and technology for land, infrastructure and transportation for the relevant year;
2. Detailed plans by field concerning promotion of science and technology for land, infrastructure and transportation;
3. Detailed project plans and investment plans by research and development project for science and technology for land, infrastructure and transportation (hereinafter referred to as “research and development project”);
4. Matters which the Minister of Land, Infrastructure and Transportation deems necessary, in relation to research and development projects.
(2) The Minister of Land, Infrastructure and Transportation may request the head of the relevant central administrative agency and the head of the relevant local government to submit materials, etc. necessary for formulation of implementation plans.
(3) “Where insignificant matters, prescribed by Presidential Decree, are modified” in the proviso to Article 5 (2) of the Act means any of the following cases:
1. Where the name of a research subject prescribed in Article 8 (2) of the Act (hereinafter referred to as “research subject”) is modified;
2. Where the promotion schedule of a research subject is modified;
3. Where the part of total research funds for subject of research and development or the budgets for the relevant year is reduced;
4. Where the scope determined in an implementation plan is modified, which is allowed not to be deliberated by the Science and Technology for Land, Infrastructure and Transportation Commission prescribed in Article 6 (1).
(4) Where the Minister of Land, Infrastructure and Transportation has formulated or modified an implementation plan, he/she shall disclose such matter on the Internet website of the Ministry of Land, Infrastructure and Transportation, and may open an explanation meeting for a project, if necessary, to publicize the relevant project.
(5) Matters necessary for formulation, modification and execution of implementation plans, etc., other than matters prescribed in paragraphs (1) through (4), shall be determined by the Minister of Land, Infrastructure and Transportation.
 Article 5 (Organization of Science and Technology for Land, Infrastructure and Transportation Commission)
(1) The Science and Technology for Land, Infrastructure and Transportation Commission prescribed in Article 6 (1) of the Act shall be comprised of not more than 35 members, including two chairpersons, and gender of the members shall be taken into account.
(2) Members shall be as follows:
1. Vice Minister I of Land, Infrastructure and Transportation;
2. A person, who is in the position designated by the Minister of Land, Infrastructure and Transportation, among public officials belonging to the Senior Executive Service under jurisdiction of the Ministry of Land, Infrastructure and Transportation;
3. The head of the Korea Agency for Infrastructure Technology Advancement prescribed in Article 16 of the Act;
4. A person commissioned by the Minister of Land, Infrastructure and Transportation, among those who have abundant professional knowledge or experience for science and technology polices, science and technology for land, infrastructure and transportation, or economy.
(3) The Chairpersons shall be the Vice Minister I of Land, Infrastructure and Transportation and a person who is selected through election by appointed members prescribed in subparagraph 4 of paragraph (2) (hereinafter referred to as “appointed member”).
(4) The serving term of an appointed member shall be two years.
(5) Where any appointed member falls under any of the following, the Minister of Land, Infrastructure and Transportation may dismiss the relevant member:
1. Where he/she is unable to perform his/her duties due to any mental and physical disorder;
2. Where he/she commits corruption in relation to his/her duties;
3. Where it is deemed that he/she is inadequate to a member due to neglect of duties, injury to dignity and other grounds;
4. Where he/she voluntarily presents his/her opinion that it is impracticable for him/her to perform his/her duties.
 Article 6 (Operation of Commission, Etc.)
(1) Each chairperson shall represent the Commission, and take overall charge of affairs of the Commission.
(2) When both chairpersons are unable to perform their duties due to unavoidable grounds, a member who is designated by a chairperson who is the Vice Minister I of Land, Infrastructure and Transportation in advance shall perform their duties by proxy.
(3) Any chairperson may convene a meeting of the Commission, and be the president thereof.
(4) A meeting of the Commission may be held by the presence of a majority of registered members, and be resolved by the consent of a majority of attendant members.
(5) The Commission shall have a secretary to address affairs thereof, and the secretary shall be a person who is designated by the Minister of Land, Infrastructure and Transportation among those of public officials belonging to the Ministry of Land, Infrastructure and Transportation.
(6) The Commission may establish and operate a specialized commission under the jurisdiction of the Commission to efficiently process affairs of the Commission.
(7) Where the Commission or a specialized commission prescribed in paragraph (6) (hereinafter referred to as “Commission, etc.”) deems it necessary, it may request for necessary cooperation, such as submission of materials or opinions, from the relevant institution or organization.
(8) Members, specialized members and interested persons attending the Commission, etc. may be paid allowances and travel expenses: Provided, That where a member who is a public official attends a meeting in relation to his/her business, this shall not apply.
(9) Other matters necessary for operation of the Commission, and organization and operation of a specialized commission, other than those provided for in paragraphs (1) through (8), shall be determined by the chairpersons after undergoing resolution by the Commission.
 Article 7 (Institutes, etc. subject to Agreements on Research and Development Projects to be Concluded)
(1) “Research institutes or organizations in the field of land, infrastructure and transportation, prescribed by Presidential Decree” in Article 8 (2) 7 of the Act shall be the following institutes or organizations, which are recognized to be capable of performing research in the field of land, infrastructure and transportation:
2. An industrial technology research cooperative prescribed in the Industrial Technology Research Cooperatives Support Act;
3. A research institute or a division dedicated to research and development of a public corporation or quasi-governmental institution prescribed in the Act on the Management of Public Institutions;
4. A subordinate organization under direct control or office of a local government established under Articles 113 and 114 of the Local Autonomy Act;
5. The following institutes: Provided, That each of the following institutes is limited to conducting research related to the unique business, which is the purpose of designation of the relevant institute:
(a) A technology trading agency, a company specializing in commercialization, and a technology evaluation agency designated under Articles 10, 12-2 and 35 of the Technology Transfer and Commercialization Promotion Act;
(b) An institute for evaluation of inventions and institution for examination of industrial property rights designated under Articles 28 and 36 of the Invention Promotion Act;
6. Other research institutes or divisions dedicated to research and development of any institute, association, and academic society, etc. determined by Ordinance of the Ministry of Land, Infrastructure and Transportation.
(2) Where the Minister of Land, Infrastructure and Transportation concludes an agreement prescribed in Article 8 (2) of the Act with an institute or organization, which is not a corporation, among institutes or organizations provided for in subparagraphs 3 through 6 of paragraph (1), he/she may conclude the agreement with a representative of the corporation to which the institute or organization belongs.
 Article 8 (Methods for Selection of Research Subjects)
(1) Where the Minister of Land, Infrastructure and Transportation selects a research subject prescribed in Article 8 (2) of the Act, he/she shall organize and operate an evaluation group for research subjects in advance to maintain the objectivity of selection thereof: Provided, he/she may not organize the evaluation group for research subjects in any of the following cases:
1. Where it is necessary for the national security, including cases where the relevant subject is classified as a security subject prescribed in Article 24-4 (1) 1 of the Regulation on the Management, Etc. of National Research and Development Projects;
2. Where it is an international joint research promoted under conclusion of memorandum of understanding with a foreign government, etc.
(2) Where the Minister of Land, Infrastructure and Transportation organizes and operates an evaluation group for research and development prescribed in paragraph (1), he/she shall maintain the objectivity and fairness in selection of research subjects, such as excluding interested persons from evaluation members.
(3) Matters necessary for selection of research subjects, such as organization and operation of an evaluation group for research and development, and evaluation methods, other than those provided for in paragraphs (1) and (2), shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transportation.
 Article 9 (Conclusion of Agreements)
Where the Minister of Land, Infrastructure and Transportation selects a research subject prescribed in Article 8 of the Act, he/she shall conclude an agreement with the institute or organization (where the institute or organization falls under the latter part of Article 8 (2) of the Act and Article 7 (2) of this Decree, referring to a representative of the corporation to which the institute or organization belongs). In such cases, Article 9 of the Regulation on the Management, Etc. of National Research and Development Projects shall apply mutatis mutandis to the conclusion of an agreement.
 Article 10 (Payment, Consumption and Management of Contributions)
(1) The Minister of Land, Infrastructure and Transportation may pay a contribution prescribed in Article 8 (3) of the Act as a lump sum or in installments, based on the scale of the research subject, timing for commencing research, and financial status of the Ministry, etc.
(2) Any institute or organization which is granted a contribution prescribed in paragraph (1) shall open a separate account and manage the contribution.
(3) Any institute or organization which is granted a contribution prescribed in paragraph (1) shall use the contribution for the following expenses related to research and development projects, as prescribed by the Minister of Land, Infrastructure and Transportation, and prepare evidential materials when using such contribution:
1. Personnel expenses;
2. Direct expenses, such as expenses incurred in introducing research equipment, material expenses, and research allowances;
3. Indirect expenses, such as personnel support expenses, research support expenses, and support expenses for utilization of performance;
4. Expenses incurred in relation to commissioned research and development.
(4) Any interest accrued from a contribution paid under paragraph (1) shall be used for re-investment of research and development, and other purposes, determined by Ordinance of the Ministry of Land, Infrastructure and Transportation.
(5) Any institute or organization which is granted a contribution prescribed in paragraph (1) shall report the results of using contributions to the Minister of Land, Infrastructure and Transportation according to the following guidelines:
1. For a multi-year research subject: It shall report the results of using contributions for the relevant year by March 31 of the next year: Provided, That, where the research subject ends during the relevant year, it shall repot such results within three months after the research subject ends;
2. For a research subject other than those prescribed in subparagraph 1: It shall report the results within three months after the research subject ends.
(6) Where any institute or organization which is granted a contribution prescribed in paragraph (1) uses the contribution for the purpose other than expenses falling under each subparagraph of paragraph (3) without justifiable grounds, the Minister of Land, Infrastructure and Transportation shall collect the applicable amount.
(7) The Minister of Land, Infrastructure and Transportation shall determine and announce the matters necessary for payment, use and management of contributions, other than those provided for in paragraphs (1) through (6).
 Article 11 (Collection and Exemption of Technical Fees)
(1) Technical fees prescribed in the main sentence of Article 15 (1) of the Act shall be collected, as determined and announced by the Minister of Land, Infrastructure and Transportation, for the part of the applicable contribution or part of the sales revenue in the range of the contribution granted to the applicable research and development project.
(2) The Minister of Land, Infrastructure and Transportation may collect technical fees prescribed in paragraph (1) as a lump sum or in installments.
(3) Where a technical fee falls under any of the following under the proviso to Article 15 (1), the Minister of Land, Infrastructure and Transportation shall exempt all of the technical fees:
1. Where the Minister of Land, Infrastructure and Transportation deems exemption necessary for public utilization so as to promote utilization of research and development results, such as research and development results in the basic step of research;
2. Where the purpose of a research and development project, such as planning research and training of human resources, does not lie in using research and development results for profit.
(4) The Minister of Land, Infrastructure and Transportation may exempt a person, who pays technical fees at once, from paying up to 40 percent of the assessed technical fees, as determined and notified by the Minister of Land, Infrastructure and Transportation.
(5) Matters necessary for collection and exemption of technical fees, other than those provided for in paragraphs (1) through (4), shall be determined and notified by the Minister of Land, Infrastructure and Transportation.
 Article 12 (Affairs of Korea Agency for Infrastructure Technology Advancement)
“Projects prescribed by Presidential Decree” in Article 16 (4) 3 of the Act shall be as follows:
1. Investigation and research concerning policies and systems for the development of science and technology for land, infrastructure and transportation;
2. Investigation and research of statistics related to the field of science and technology for land, infrastructure and transportation;
3. Discovery of new subjects in the field of science and technology for land, infrastructure and transportation;
4. Planning research of projects and subjects for new research and development projects;
5. Other affairs entrusted by the Minister of Land, Infrastructure and Transportation related to research and development projects.
 Article 13 (Entrustment of Affairs)
The Minister of Land, Infrastructure and Transportation shall entrust the following affairs pursuant to Article 18 (1) of the Act to the Korea Agency for Infrastructure Technology Advancement prescribed in Article 16 of the Act:
1. Selection of research subjects and conclusion of agreements prescribed in Article 8 (2) of the Act;
2. Incidental affairs following subsidization of contributions prescribed in Article 8 (3) of the Act;
3. Collection and management of technical fees prescribed in Article 15 (1) of the Act.
ADDENDUM
This Decree shall enter into force on June 30, 2016: Provided, That the provision of subparagraph 1 of Article 2 shall enter into force on January 1, 2018.