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ENFORCEMENT DECREE OF THE ACT ON THE PERFORMANCE EVALUATION AND MANAGEMENT OF NATIONAL RESEARCH AND DEVELOPMENT PROJECTS, ETC.

Presidential Decree No. 19410, Mar. 29, 2006

Amended by Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 23066, Aug. 3, 2011

Presidential Decree No. 24474, Mar. 23, 2013

Presidential Decree No. 25394, jun. 25, 2014

Presidential Decree No. 27187, May 31, 2016

Presidential Decree No. 28457, Dec. 1, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Performance Evaluation and Management of National Research and Development Projects, Etc. and those necessary for the enforcement thereof.
 Article 2 (Formulation of Implementation Plans for Performance Evaluation)
(1) The Minister of Science and ICT shall formulate an implementation plan for performance evaluation of research and development (hereinafter referred to as "implementation plan for performance evaluation") under Article 5 (2) of the Act on the Performance Evaluation and Management of National Research and Development Projects, Etc. (hereinafter referred to as the “Act”) for the following year by no later than October 31 each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28457, Dec. 1, 2017>
(2) Deleted. <by Presidential Decree No. 20740, Feb. 29, 2008>
(3) Implementation plans for performance evaluation shall include the direction, procedures, items, schedule, and subjects of evaluation and the criteria for selection. <Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017>
 Article 3 (Submission of Strategic Objectives, Performance Objectives and Performance Indices)
(1) The heads of the central administrative agencies and research councils established under Article 18 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. (hereinafter referred to as “research councils”) shall submit the strategic objectives, as well as yearly and phased performance objectives and performance indices, of research and development projects under their jurisdiction established under Article 6 (1) of the Act to the Minister of Science and ICT by no later than June 30 of the year following the year to which the date of the conclusion of agreement on the relevant research and development project belongs. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25394, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Where the heads of the central administrative agencies submit the strategic objectives, yearly and phased performance objectives, and performance indices pursuant to paragraph (1), they shall submit them together with proposals for new national research and development projects drafted pursuant to Article 4 (6) of the Regulations on the Management, etc. of National Research and Development Projects and plans prepared in relation to the relevant national research and development projects. <Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017>
(3) The heads of the central administrative agencies and research councils shall submit the strategic objectives, yearly and phased performance objectives and performance indices, which have been established under Article 6 (1) of the Act, of research institutes under their jurisdiction to the Minister of Science and ICT within six months from the date on which the head of the research institute is appointed. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25394, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 4 (Organization of Performance Index Deliberation Committee)
(1) A performance index deliberation committee under Article 6 (4) of the Act (hereinafter referred to as "deliberation committee") shall be comprised of not more than 20 members, including one chairperson.
(2) The Director General in charge of evaluation in the Ministry of Science and ICT shall be the chairperson of the deliberation committee, and the following persons shall be the members thereof: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Public officials of Grade IV or higher who are in charge of affairs related to the research and development projects and research outcomes in the relevant central administrative agencies and who are nominated by the chairperson of the deliberation committee upon the recommendation by the head of an agency to which he/she belongs;
2. Persons commissioned by the chairperson of the deliberation committee upon the recommendation by the heads of the relevant central administrative agencies, from among persons who have extensive experience and professional knowledge in the research and development projects and the management of research outcomes.
(3) The term of office of members commissioned under paragraph (2) 2 shall be two years, and the consecutive appointment may be permitted.
(4) One executive secretary from among the public officials belonging to the Ministry of Science and ICT shall be appointed by the chairperson of the deliberation committee to manage the affairs of the deliberation committee. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 5 (Operation of Deliberation Committee)
(1) The chairperson of the deliberation committee shall convene meetings of the deliberation committee and chair them.
(2) When the chairperson of the deliberation committee intends to convene a meeting, he/she shall notify each member of the date, time, and venue of the meeting, and the agenda for deliberation by no later than seven days prior to the date of the meeting: Provided, That the same shall not apply where there is any urgent or inevitable circumstances.
(3) A deliberation committee meeting shall be duly formed to open with the presence of a majority of the registered members, and shall adopt a resolution with the affirmative vote of a majority of the members present.
(4) Where necessary for efficient performance of affairs, the deliberation committee may request relevant agencies, specialists, etc., to submit materials, state their opinions, or provide other necessary cooperation.
(5) Members and relevant specialists who attend deliberation committee meetings may be reimbursed with allowances and travel expenses within budgetary limits: Provided, That the same shall not apply where a member who is a public official attends the deliberation committee meetings in direct connection with his/her duties.
(6) Other matters necessary for the operation of the deliberation committee shall be determined by the chairperson following a resolution by the deliberation committee.
 Article 5-2 (Selection of Subjects of Specific Evaluation)
(1) The Minister of Science and ICT may select projects subject to the specific evaluation under Article 7 (1) and (2) by November 30 every year after consultation with the heads of the relevant central administrative agencies and research councils, in consideration of the implementation processes and performance of the relevant research and development projects, changes in research environment, and other factors.
(2) In order to respond to projects emerging as major issues, where specific evaluation is required, the Minister of Science and ICT may frequently select additional subjects of specific evaluation, after consultation with the relevant central administrative agencies and research councils.
[This Article Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017]
 Article 6 (Implementation of Meta-Evaluation)
In principle, meta-evaluation pursuant to Article 7 (3) of the Act (hereinafter referred to as “meta-evaluation”) shall be implemented in writing on the outcomes of self-performance evaluation submitted pursuant to Article 8 (4) of the Act, but if necessary, explanations by the related persons may be heard.
 Article 7 (Filing Objections against Specific Evaluation or Meta-Evaluation)
(1) Where the head of a central administrative agency or research council has an objection to the results of a specific evaluation or meta-evaluation implemented under Article 7 (1) through (3) of the Act, he/she shall file an objection within ten days from the date the outcomes thereof are notified.
(2) Upon receiving an objection under paragraph (1), the Minister of Science and ICT shall notify the head of the relevant central administrative agency or research council of the results of the deliberation thereon within 20 days after he/she receives the objection: Provided, That where any extenuating circumstance exists, the period of deliberation may be extended by up to ten days. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 8 (Corrective Measures in accordance with Results of Specific Evaluation or Meta-Evaluation)
(1) When the head of a central administrative agency or research council is requested to take any corrective measures under Article 7 (4) of the Act, he/she shall formulate an implementation plan for the corrective measures and submit it to the Minister of Science and ICT within two months from the date when such request is received. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) The Minister of Science and ICT may examine whether the corrective measures under Article 7 (4) of the Act are executed. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 9 (Self-Performance Evaluation of Research and Development Projects)
(1) Where the head of a central administrative agency conducts a self-performance evaluation of the research and development projects under Article 8 (1) of the Act, he/she shall prepare guidelines for the performance evaluation of the research and development projects and conduct the evaluation in accordance therewith.
(2) Where the head of a central administrative agency prepares guidelines for performance evaluation of the research and development projects under paragraph (1), he/she shall take into consideration the purport and details of the standard guidelines on performance evaluation referred to in Article 8 (3) of the Act.
(3) Where the head of a central administrative agency prepares or modifies guidelines for performance evaluation of the research and development projects pursuant to paragraphs (1) and (2), he/she shall submit the relevant guidelines for performance evaluation of the research and development projects to the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017>
 Article 10 (Submission of Results of Self-Performance Evaluation)
(1) When the head of a central administrative agency or research council implements a self-performance evaluation of the research and development project under his/her jurisdiction pursuant to Article 8 (1) of the Act, he/she shall submit the results thereof to the Minister of Science and ICT by no later than March 31 each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), the Minister of Science and ICT may adjust the due date of submission of the self-performance evaluation under Article 8 (2) 3 and 4 of the Act, after consultation with the heads of central administrative agencies and research councils. <Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017>
(3) When the head of a central administrative agency or research council implements a self-performance evaluation of the research institutes under his/her jurisdiction pursuant to Article 8 (1) of the Act, he/she shall submit the results thereof to the Minister of Science and ICT within ten days from the date on which self-performance evaluation is concluded. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25394, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
(4) Where the head of a central administrative agency or research council takes necessary measures, such as correcting or complementing promotion plans by reflecting the result of self-performance evaluation under Article 10 (2) of the Act, the results thereof shall also be submitted at the time when the result of self-performance evaluation is submitted to the Minister of Science and ICT; and where necessary measures are implemented after submitting the result of self-performance evaluation, the result of such measures shall be promptly submitted to the Minister of Science and ICT. <Amended by Presidential Decree No. 25394, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 11 (Formulation of Implementation Plans for Performance Management)
The Minister of Science and ICT shall formulate an implementation plan for the performance management under Article 12 (2) of the Act (hereinafter referred to as "implementation plan for performance management") by no later than March 31 each year. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 27187, May 31, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28457, Dec. 1, 2017>
 Article 11-2 (Examination on Progress of Basic Plan for Performance Management, etc.)
(1) The Minister of Science and ICT shall, in order to examine the progress of the basic plan for performance management referred to in Article 12 (1) of the Act (hereinafter referred to as the "basic plan for performance management") and the implementation plan for performance management as prescribed in Article 12 (5) of the Act, formulate a guideline to examine progress, which shall include details to be examined regarding management and utilization of research outcomes, methods of the examination, examination schedules, etc. (hereinafter in this Article referred to as "progress examination guideline") and inform the head of a relevant central administrative agency and research councils about the guideline by October 31 every year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(2) The head of a relevant central administrative agency and research councils shall, in accordance with the progress examination guideline, examine progress in managing and utilizing research outcomes of their research development projects in the relevant year and submit examination results to the Minister of Science and ICT by January 15 of the following year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
(3) The Minister of Science and ICT shall ensure that necessary improvements, based on the results of the progress examination, are reflected in the basic plan for performance management and the implementation plan for performance management of the relevant year. <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 27187, May 31, 2016]
 Article 12 (Formulation of Plans for Managing and Utilizing Research Outcomes of Universities, etc.)
(1) Universities and research institutes subject to the formulation of a plan for managing and utilizing research outcomes under Article 13 (1) of the Act (hereinafter referred to as a "plan for managing and utilizing outcomes") shall be as follows:
1. Universities that perform research and development projects or research and development tasks and have received subsidies from the Government budget or funds, the total annual amount of which during the past three years exceeds ten billion won;
2. Research institutes defined in subparagraph 3 of Article 2 of the Act.
(2) The Minister of Science and ICT shall prepare and notify guidelines in advance for the establishment of plans for managing and utilizing outcomes for the following year in order that the universities and research institutes referred to in the subparagraphs of paragraph (1) can formulate and promote their plans for managing and utilizing outcomes. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Universities and research institutes referred to in subparagraphs of paragraph (1) shall formulate their plans for managing and utilizing research outcomes and submit them to the heads of the relevant central administrative agencies by no later than January 31 each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008>
 Article 13 (Mutual Cooperation among Specialized Research Management Institutions)
(1) Specialized research management institutions under Article 16 (1) of the Act (hereinafter referred to as "specialized research management institutions") shall closely cooperate with one another, including exchange of necessary information in order to efficiently establish and operate systems for the evaluation of performance and the management and utilization of research outcomes.
(2) Specialized research management institutions may organize and operate a consultative group, if necessary for efficiently performing their duties referred to in Article 16 (1) of the Act.
(3) Pursuant to Article 25 (4) of the Regulations on the Management, etc. of National Research and Development Projects, specialized research management institutions shall link the information management system containing the outcomes of research and development projects, research and development tasks, and research institutions (hereinafter referred to as “research and development projects, etc.), details of performance evaluation, evaluation committee members, candidates for evaluation committee members, details of utilization of outcomes, etc. with the comprehensive national science and technology information system under paragraph (1) of the same Article (hereinafter referred to as “comprehensive national science and technology information system”), and when evaluating the outcomes of research and development projects, etc. or managing such research outcomes, they shall actively utilize information linked with the comprehensive national science and technology information system. <Newly Inserted by Presidential Decree No. 28457, Dec. 1, 2017>
 Article 14 (Education and Training)
Basic guidelines under Article 17 (2) of the Act shall include the following matters:
1. Basic direction-setting of education and training;
2. Those subject to education and training, and the method of education;
3. Details of education and training;
4. Other basic matters concerning education and training.
 Article 15 (Requests to Related Agencies, etc., for Submission of Materials)
(1) If necessary for performing the following affairs, the Minister of Science and ICT may request the heads of the relevant central agencies and research councils to submit related materials. In such cases, the heads of the relevant central agencies and research councils shall comply with such requests, except in extenuating circumstances, such as matters requiring confidentiality in regard to national defense or national security: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. Formulation of a basic plan for performance evaluation and an implementation plan for performance evaluation under Article 5 of the Act;
2. Implementation of a specific evaluation and meta-evaluation under Article 7 of the Act;
3. Formulation of a basic plan for performance management and an implementation plan for performance management under Article 12 of the Act.
(2) When the Minister of Science and ICT requests the submission of materials under paragraph (1), he/she shall notify in advance the list and preparation method of materials to be submitted. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 23066, Aug. 3, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
 Article 16 Deleted. <Amended by Presidential Decree No. 24474, Mar. 23, 2013>
ADDENDA
(1) (Enforcement Decree) This Decree shall enter into force on March 31. 2006.
(2) (Special Provisions for Formulation of Implementation Plans for Performance Evaluation) Notwithstanding the provisions of Article 2 (1), the National Science and Technology Council may formulate an implementation plan for performance evaluation for the year 2007 by no later than November 30, 2006.
(3) (Special Provisions for Formulation of Implementation Plans for Performance Management) Notwithstanding the provisions of Article 11, the National Science and Technology Council may formulate its first implementation plan for performance management by no later than April 30, 2007.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 23066, Aug. 3, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25394, Jun. 25, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27187, May 31, 2016>
This Decree shall enter into force on June 2, 2016.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28457, Dec. 1, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2017.
Article 2 (Applicability to Submission of Proposals, etc.)
The amended provisions of Article 3 (2) shall apply, beginning with the research and development projects on which the agreements are concluded after this Decree enters into force.