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ULSAN NATIONAL INSTITUTE OF SCIENCE AND TECHNOLOGY ACT

Act No. 13230, Mar. 27, 2015

Amended by Act No. 14839, Jul. 26, 2017

Act No. 15244, Dec. 19, 2017

 Article 1 (Purpose)
The purpose of this Act is to establish the Ulsan National Institute of Science and Technology in order to train advanced science and technology experts who will play a leading role in innovating advanced science and technology of the Republic of Korea and developing technology and knowledge of regional industries, and contribute to national science and technology development by promoting cooperative research with industrial circles and the exchange of education and research with foreign countries.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 2 (Legal Personality)
The Ulsan National Institute of Science and Technology (hereinafter referred to as "UNIST") shall be a legal entity.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 3 (Registration of Establishment)
(1) UNIST shall be duly formed by obtaining the registration for the incorporation thereof at the location of its principal office. <Amended by Act No. 13230, Mar. 27, 2015>
(2) Matters necessary for the registration for the incorporation of UNIST and the registration of others shall be prescribed by Presidential Decree. <Amended by Act No. 13230, Mar. 27, 2015>
 Article 4 (Articles of Incorporation)
(1) The following shall be stated in the articles of incorporation of UNIST: <Amended by Act No. 13230, Mar. 27, 2015>
1. Objectives;
2. Name;
3. Location of the principal office;
4. Matters concerning its affairs and the implementation thereof;
5. Matters concerning assets and accounting;
6. Important matters concerning executive officers and employees;
7. Matters concerning the board of directors;
8. Matters concerning the amendment of the articles of incorporation;
9. Matters concerning methods of making official announcements;
10. Matters concerning dissolution and merger;
(2) Where UNIST intends to amend its articles of incorporation, it shall obtain approval from the Minister of Science and ICT. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(3) Where the Minister of Science and ICT intends to approve any amendment to the articles of incorporation under Article 2, he/she shall obtain prior consent from the Minister of Education. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
 Article 5 (Executive Officers)
(1) UNIST shall have up to 15 directors, including one president and one chairperson of the board of directors, and one auditor, and the terms of office shall be as prescribed by the articles of incorporation. <Amended by Act No. 13230, Mar. 27, 2015>
(2) Directors and the auditor shall be elected by the board of directors, as prescribed by the articles of incorporation, and approved by the Minister of Science and ICT. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(3) Where the Minister of Science and ICT intends to approve the election of directors and the auditor under paragraph (2), he/she shall obtain prior consent from the Minister of Education. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(4) The chairperson of the board of directors shall be elected from among the directors, as prescribed by the articles of incorporation. <Newly Inserted by Act No. 13230, Mar. 27, 2015>
(5) The chairperson of the board of directors shall not concurrently hold the office of the president of UNIST. <Newly Inserted by Act No. 13230, Mar. 27, 2015>
(6) Executive officers, other than the president or the auditor, shall serve on a part-time basis. <Newly Inserted by Act No. 13230, Mar. 27, 2015>
(7) The auditor shall inspect the affairs and audit the accounts of UNIST. <Newly Inserted by Act No. 13230, Mar. 27, 2015>
 Article 6 (President)
(1) UNIST shall be headed by the president. <Amended by Act No. 13230, Mar. 27, 2015>
(2) The president shall represent UNIST and preside over its affairs. <Amended by Act No. 13230, Mar. 27, 2015>
(3) The president shall be elected by the board of directors, as prescribed by the articles of incorporation, and approved by the Minister of Science and ICT. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(4) Where the Minister of Science and ICT intends to approve the election of the president under paragraph (3), he/she shall obtain prior consent from the Minister of Education. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(5) Duties and the term of office of the president, and other necessary matters, shall be prescribed by the articles of incorporation. <Amended by Act No. 13230, Mar. 27, 2015>
(6) The president may concurrently hold office as a faculty member or researcher. <Newly Inserted by Act No. 13230, Mar. 27, 2015>
 Article 7 (Board of Directors)
(1) UNIST shall establish the board of directors to deliberate on and resolve important matters concerning its management. <Amended by Act No. 13230, Mar. 27, 2015>
(2) The board of directors shall be comprised of the chairperson and directors. <Amended by Act No. 13230, Mar. 27, 2015>
(3) The chairperson shall convene and preside over meetings of the board of directors. <Amended by Act No. 13230, Mar. 27, 2015>
(4) The auditor may attend meetings of the board of directors and state his/her opinion. <Amended by Act No. 13230, Mar. 27, 2015>
(5) Other matters necessary for the board of directors shall be prescribed by the articles of incorporation. <Amended by Act No. 13230, Mar. 27, 2015>
(6) and (7) Deleted. <by Act No. 13230, Mar. 27, 2015>
 Article 8 (Faculty Members and Researchers)
(1) UNIST shall hire full professors, associate professors and assistant professors as faculty members, and where necessary, it may hire invited professors, lecturers, etc.
(2) UNIST shall hire necessary researchers to conduct research on science and technology.
(3) Qualifications for the faculty members referred in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 9 (Appointment and Dismissal of Faculty)
The president shall appoint and dismiss the faculty members of UNIST, as prescribed by the articles of incorporation.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 10 (Conferment of Degrees)
The president shall confer doctor's, professional master's, master's and bachelor's degrees, as prescribed by school regulations.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 11 (Students)
The president shall determine the maximum number of students of, qualifications for admission and methods of admission to UNIST, and report his/her determinations to the Minister of Science and ICT and the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 12 (Business Year)
The business year of UNIST shall coincide with the fiscal year of the State.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 13 (Support, Adjustment, etc.)
The Minister of Science and ICT shall support and develop UNIST, and coordinate and supervise its affairs. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 14 (Contributions)
(1) The State, a local government or public institution under Article 4 of the Act on the Management of Public Institutions may grant contributions to UNIST within budgetary limits so that it may cover expenses incurred in the establishment, construction, research and management thereof. <Amended by Act No. 13230, Mar. 27, 2015>
(2) Matters necessary for the granting and using contributions under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13230, Mar. 27, 2015>
(3) Deleted. <by Act No. 13230, Mar. 27, 2015>
 Article 15 (Transfer, etc. of State-Owned or Public Property)
(1) Notwithstanding the provisions of other Acts, the State or a local government may transfer State-owned property, public property, and its assets to UNIST for the establishment thereof: Provided, That State-owned cultural heritage under Article 66 of the Cultural Heritage Protection Act shall be excluded. <Amended by Act No. 13230, Mar. 27, 2015>
(2) Where necessary for the management of UNIST, notwithstanding the provisions of other Acts, the State may lease State-owned property to UNIST without compensation, or permit it to use State-owned property and make a profit on State-owned property without compensation. <Amended by Act No. 13230, Mar. 27, 2015>
(3) Where the head of a central administrative agency intends to transfer State-owned property pursuant to paragraph (1), he/she shall consult with the Minister of Strategy and Finance. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Where the State leases State-owned property to UNIST without compensation or permits it to use State-owned property and make a profit on State-owned property without compensation pursuant to paragraph (2), the details, conditions of, and procedures for such lease of and permission to use and make a profit on State-owned property without compensation shall be stipulated by a contract between a management agency of the relevant property and UNIST. <Amended by Act No. 9401, Jan. 30, 2009; Act No. 13230, Mar. 27, 2015>
 Article 16 (Degree Courses, etc.)
(1) UNIST shall provide doctorate, professional master's, master's and bachelor's degree courses.
(2) The president shall determine matters concerning the years required for each decree course, terms, the number of school days, departments, majors, curricula, etc. of each degree course under paragraph (1), and report such matters to the Minister of Science and ICT, and the Minister of Education, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Except as otherwise expressly prescribed by this Act, the Higher Education Act shall apply to the conferment of doctor's, professional master's, master's and bachelor's degrees under paragraph (1), qualifications for the faculty members, qualifications for admission, methods of admission, etc.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 17 (Establishment of Fund, etc.)
(1) Where necessary to raise and supply funds necessary for efficiently conducting research and development of science and technology and educational management, UNIST may establish the Development Fund (hereinafter referred to as the "Fund").
(2) The Fund shall be created with the following financial resources:
1. Investments or contributions made by persons other than the Government;
2. Proceeds from the operation of the Fund;
3. Other revenues prescribed by Presidential Decree.
(3) The Fund shall be used for any of the following purposes:
1. Expenditure of funds for research and development of science and technology;
2. Establishment and operation of large-scale educational facilities or research facilities;
3. Expenditure of funds necessary for other projects prescribed by Presidential Decree in order to achieve the objectives of the establishment of the Fund.
(4) Other matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 17-2 (Donation, etc.)
(1) Any person who donated land, research facilities, or research equipment and materials, etc. to UNIST may use them jointly with UNIST for a specified period.
(2) Procedures for donation of land, research facilities, or research equipment and materials, etc. and matters necessary for joint use thereof shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15244, Dec. 19, 2017]
 Article 18 (Submission of Business Plan, etc.)
(1) UNIST shall submit a business plan and a budget proposal to the Minister of Science and ICT and obtain his/her approval before each business year begins, as prescribed by Presidential Decree. In such cases, a business plan and a budget proposal for academic affairs shall also be submitted to the Minister of Education. <Amended by Act No. 14839, Jul. 26, 2017>
(2) UNIST shall submit to the Minister of Science and ICT a settlement of accounts concerning revenues and expenditures of each business year audited by a certified public accountant or accounting firm designated by the Minister of Science and ICT. In such cases, a settlement of revenues and expenditures on academic affairs shall also be submitted to the Minister of Education. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Among the matters stated in a settlement of accounts under paragraph (2), matters falling under any of the following may be excluded from items subject to the audit conducted by a certified public accountant or accounting firm:
1. Research affairs classified as State secrets;
2. Affairs directly related to subparagraph 1;
3. Among tasks outsourced by businesses, research affairs of which UNIST is requested to protect the secrecy by businesses that outsource it with such research affairs.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 19 (Submission of Research Plan, Research Report, etc.)
(1) UNIST shall submit a research plan and a research report to the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to research outsourced contractually. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall review and evaluate a research plan and a research report submitted thereto him/her pursuant to paragraph (1), and where necessary, he/she shall require UNIST to take necessary measures, such as amendments to such research plan and complements to the details of research conducted, or recommend it to disseminate its research outcomes. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 20 (Joint Research on Specific Tasks, etc.)
Where the Minister of Science and ICT deems it necessary to conduct joint research on specific tasks, he/she may take appropriate measures necessary for joint research, or recommend the president of UNIST to take necessary measures. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 21 (Joint Use of Research Facilities, etc.)
For the improvement of productivity of research and the efficient use of research facilities, UNIST shall endeavor to use research facilities, apparatus, etc. jointly in consultation with other research institutions, universities, specialized organizations, etc. In such cases, UNIST may require any institutions that use them to share all or some expenses incurred while using them.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 22 (Profit-Making Business, etc.)
(1) UNIST may conduct profit-making business to the extent that such business does not interfere with its educational and research activities, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 13230, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017>
(2) Profits under paragraph (1) shall be appropriated for the management and research of UNIST. <Amended by Act No. 13230, Mar. 27, 2015>
 Article 23 (Prohibition of Use of Similar Name)
No person other than UNIST shall use the name “Ulsan National Institute of Science and Technology” or similar.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
 Article 24 (Obligations to Maintain Confidentiality)
No current or former executive officer or employee of UNIST shall divulge or misappropriate any of confidential information he/she has become aware of officially.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 25 (Application Mutatis Mutandis of the Civil Act)
Except as otherwise expressly provided for in this Act, the provisions regarding incorporated foundations in the Civil Act shall apply mutatis mutandis to UNIST. <Amended by Act No. 13230, Mar. 27, 2015>
 Article 26 (Penalty Provisions)
Any person who divulges or misappropriates any confidential information, in violation of Article 24, shall be punished by imprisonment with or without prison labor for not more than three years or by a fine not exceeding 30 million won.
[This Article Newly Inserted by Act No. 13230, Mar. 27, 2015]
 Article 27 (Administrative Fines)
(1) Any person who uses the name “Ulsan National Institute of Science and Technology” or similar, in violation of Article 23, shall be punished by an administrative fine not exceeding five million won. <Amended by Act No. 13230, Mar. 27, 2015>
(2) The Minister of Science and ICT shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) through (5) Deleted. <by Act No. 11690, Mar. 23, 2013>
 Article 28 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Where the provisions of Articles 129 through 132 of the Criminal Act are applied, executive officers and employees of UNIST shall be deemed public officials.
[This Article Wholly Amended by Act No. 13230, Mar. 27, 2015]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Establishment)
(1) The Minister of Education and Human Resources Development shall establish an incorporation committee, comprised of incorporators, to carry out administrative affairs for the establishment of Ulsan National Institute of Science and Technology.
(2) The incorporation committee under paragraph (1) shall be comprised of no more than 15 persons, including the persons specified in Article 8 (2), and incorporators shall be appointed by the Minister of Education and Human Resources Development.
(3) The chairperson of the incorporation committee shall be elected by and from among incorporators.
(4) The incorporation committee shall formulate the articles of association of Ulsan National Institute of Science and Technology and shall obtain authorization from the Minister of Education and Human Resources Development.
(5) The president of Ulsan National University of Science and Technology at the time of establishment shall be appointed by the President of the Republic of Korea, while directors and auditors shall be appointed by the Minister of Education and Human Resources Development.
(6) The incorporation committee shall file for registration for incorporation under Article 4 without delay after directors and auditors are appointed pursuant to paragraph (5).
(7) Upon completion of registration for incorporation under paragraph (6), the incorporation committee shall transfer administrative affairs to the president of Ulsan National University of Science and Technology without delay.
(8) Incorporators shall be deemed dismissed from office when they complete the transfer of administrative affairs under paragraph (7).
Article 3 (Transitional Measures)
The purchase of land, preparations for establishment, and other similar activities made as part of preparations by the State and local governments before this Act enters into force, shall be deemed made under this Act.
Article 4 (Application of Pension Provisions)
The school employees defined under Article 13 shall be governed by the Pension for Private School Teachers and Staff Act.
Article 5 Omitted.
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.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 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. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 6 of Addenda, amended parts of Acts promulgated before this Act enters into force but the enforcement dates of which have yet to arrive shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13230, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparatory Committee for Establishment)
(1) The Minister of Science, ICT and Future Planning shall establish the Preparatory Committee for the Establishment of UNIST (hereinafter referred to as the "Preparatory Committee for Establishment") within three months from the enforcement date of this Act in order to deal with affairs concerning the dissolution of the former National Corporate University, Ulsan National Institute of Science and Technology under the Act on the Establishment and Management of Ulsan National Institute of Science and Technology before this Act enters into force, and the establishment of UNIST.
(2) The Preparatory Committee for Establishment shall be comprised of up to ten members commissioned by the Minister of Science, ICT and Future Planning, and the chairperson shall be appointed by the Minister of Science, ICT and Future Planning from among its members.
(3) The Preparatory Committee for Establishment shall prepare the articles of incorporation of UNIST, obtain approval for the articles of incorporation from the Minister of Science, ICT and Future Planning, and complete the registration for the incorporation of UNIST by the enforcement date of this Act, and transfer its affairs to the president of UNIST.
(4) Members of the Preparatory Committee for Establishment shall be deemed dismissed or decommissioned when the transfer of affairs under paragraph (3) is completed.
Article 3 (Special Cases of Dissolution and Liquidation)
Notwithstanding provisions regarding the dissolution and liquidation of a corporation of the Civil Act, the National Corporate University, Ulsan National Institute of Science and Technology shall be deemed dissolved simultaneously with the establishment of UNIST under this Act.
Article 4 (Transitional Measures concerning Succession, etc. to Rights and Obligations)
(1) UNIST under this Act shall comprehensively succeed to the rights and obligations of the former National Corporate University, Ulsan National Institute of Science and Technology.
(2) The name of the former National Corporate University, Ulsan National Institute of Science and Technology indicated in the register concerning the rights and obligations to which UNIST comprehensively succeeds pursuant to paragraph (1) or other official books shall be construed as the name of UNIST under this Act.
(3) Any acts done by the president of the former National Corporate University, Ulsan National Institute of Science and Technology for the management of the University shall be construed as any acts done by the president of UNIST.
(4) Undergraduates and graduates of the former National Corporate University, Ulsan National Institute of Science and Technology, and persons expelled therefrom or persons whose names were removed from the list thereof shall be deemed undergraduates and graduates of UNIST under this Act, and persons expelled therefrom or persons whose names were removed from the list thereof.
Article 5 (Transitional Measures concerning Budget at Time of Establishment)
(1) UNIST under this Act may implement the budget under the jurisdiction of the former National Corporate University, Ulsan National Institute of Science and Technology following the previous example until the budget of UNIST is determined at the time it is established.
(2) Where the budget of UNIST is approved, expenses incurred pursuant to paragraph (1) shall be deemed spent according to the approved budget.
Article 6 (Transitional Measures concerning Executive Officers and Employees)
(1) Except as otherwise prescribed by the Preparatory Committee for Establishment, the president, directors and auditor of the National Corporate University, Ulsan National Institute of Science and Technology as at the time this Act enters into force, shall be deemed appointed to the position of president, directors and auditor of UNIST under this Act: Provided, That their terms of office shall be the remainder of the unexpired terms of office under the former provisions.
(2) Employees who are serving with the former National Corporate University, Ulsan National Institute of Science and Technology as at the time UNIST is established shall be deemed appointed to the same position of UNIST pursuant to this Act.
Article 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions amending any Act that was promulgated before this Act enters into force but has yet to enter into force, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the respective date the relevant Act enters into force.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15244, Dec. 19, 2017>
This Act shall enter into force six months after the date of its promulgation.