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ENFORCEMENT DECREE OF THE INDUSTRIAL TECHNOLOGY INNOVATION PROMOTION ACT

Wholly Amended by Presidential Decree No. 19719, Oct. 27, 2006

Amended by Presidential Decree No. 20137, jun. 29, 2007

Presidential Decree No. 20678, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21461, Apr. 30, 2009

Presidential Decree No. 21634, Jul. 22, 2009

Presidential Decree No. 21692, Aug. 18, 2009

Presidential Decree No. 21834, Nov. 20, 2009

Presidential Decree No. 21835, Nov. 20, 2009

Presidential Decree No. 22977, jun. 24, 2011

Presidential Decree No. 23267, Oct. 28, 2011

Presidential Decree No. 23313, Nov. 23, 2011

Presidential Decree No. 23836, jun. 5, 2012

Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24474, Mar. 23, 2013

Presidential Decree No. 24955, Dec. 11, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25495, Jul. 21, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 25921, Dec. 30, 2014

Presidential Decree No. 26248, May 26, 2015

Presidential Decree No. 26889, Jan. 12, 2016

Presidential Decree No. 27205, May 31, 2016

Presidential Decree No. 27506, Sep. 22, 2016

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28212, Jul. 26, 2017

Presidential Decree No. 28291, Sep. 15, 2017

Presidential Decree No. 28471, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Industrial Technology Innovation Promotion Act and matters necessary for enforcing said Act.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
CHAPTER II FORMULATION, ETC. OF PLANS FOR INNOVATION IN INDUSTRIAL TECHNOLOGY
 Article 2 (Plans for Innovation in Industrial Technology)
(1) When the Minister of Trade, Industry and Energy formulates a plan for innovation in industrial technology (hereinafter referred to as "innovation plan") under Article 5 (1) of the Industrial Technology Innovation Promotion Act (hereinafter referred to as the "Act"), he/she shall make a public announcement thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) By the end of December each year, the Minister of Trade, Industry and Energy shall formulate an annual implementation plan (hereinafter referred to as "implementation plan") for the next year in accordance with the innovation plan under paragraph (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Articles 3 through 7 Deleted. <by Presidential Decree No. 21461, Apr. 30, 2009>
 Article 8 (Public Institutions for Technology Assistance)
"The institutions specified by Presidential Decree" in Article 7 (2) of the Act means the following institutions:
1. The Korea Electric Power Corporation under the Korea Electric Power Corporation Act;
2. The Korea National Oil Corporation under the Korea National Oil Corporation Act;
3. The Korea Resources Corporation under the Korea Resources Corporation Act;
4. The Korea Gas Corporation under the Korea Gas Corporation Act;
5. The Korea Coal Corporation under the Korea Coal Corporation Act.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 9 (Forecasting of Industrial Technological Environment)
(1) The Minister of Trade, Industry and Energy shall forecast the industrial technological environment under Article 8 of the Act every five years and shall publicly announce the results thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) The forecasting by the Minister of Trade, Industry and Energy on the industrial technological environment under paragraph (1) shall be conducted based upon the forecasts of science and technology under Article 13 of the Framework Act on Science and Technology. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 9-2 (Indicators for Evaluation of Projects for Innovation in Industrial Technology)
(1) The indicators for the evaluation of a project for innovation in industrial technology under Article 9 (1) of the Act are as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Appropriateness of tasks, and methods, of performance of the project for innovation in industrial technology;
2. The system to perform tasks of the project for innovation in industrial technology, division of roles among agencies performing the tasks, and each agency's performance capabilities;
3. The level of sufficiency of the facilities secured for the performance of tasks of the project for innovation in industrial technology;
4. Whether the funds secured for the project are sufficient to cover the costs of the project for innovation in industrial technology and the reasonableness of the development period;
5. Whether the project overlaps with any other project for innovation in industrial technology;
6. The level of attainment of the objectives of the project for innovation in industrial technology and possibilities of utilizing the results;
7. Other matters publicly notified by the Minister of Trade, Industry and Energy, deemed necessary to successfully execute the project for innovation in industrial technology.
(2) The Minister of Trade, Industry and Energy shall evaluate each project for innovation in industrial technology, as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Evaluation of the project plan, including the objectives of implementation of each project for innovation in industrial technology and the content of the project, etc.;
2. Evaluation of annual performance, including whether performance objectives for each project for innovation in industrial technology have been attained;
3. Evaluation of performance at each phase or of interim performance, if the project for innovation in industrial technology is divided into phases or takes a long period;
4. Evaluation of the final results of each project for innovation in industrial technology.
(3) The Minister of Trade, Industry and Energy may require any person who executes a project for innovation in industrial technology to submit a report on the matters specified in paragraph (1), to him/her at least one month before completion of the project. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) The Minister of Trade, Industry and Energy shall notify the person who executes a project for innovation in industrial technology, of the results of evaluation of the project. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), further details regarding the matters required for the evaluation of projects for innovation in industrial technology, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 10 (Compilation of Statistics on Innovation in Industrial Technology)
The scope of statistics compiled under Article 10 (2) of the Act with regard to the innovation in industrial technology and the subject matters of surveys therefor, are as follows:
1. Activities of technological innovators for technological innovation and the outcomes thereof;
2. Collaboration and cooperation between and among technological innovators;
3. Resources possessed by technological innovators for technological innovation;
4. Other matters necessary to formulate innovation plans and implementation plans.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
CHAPTER III IMPLEMENTATION OF PROJECTS FOR DEVELOPMENT OF INDUSTRIAL TECHNOLOGY AND COMMERCIALIZATION
 Article 11 (Entities Performing Projects for Development of Industrial Technology)
"A research institute, a university, or any other institution, organization, or business specified by Presidential Decree" in the former part of Article 11 (2) of the Act means any of the following: <Amended by Presidential Decree No. 21692, Aug. 18, 2009; Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26248, May 26, 2015; Presidential Decree No. 26889, Jan. 12, 2016>
1. The Korea Institute for Advancement of Technology defined in Article 38 of the Act (hereinafter referred to as the "Technology Advancement Institute");
2. The Korea Evaluation Institute of Industrial Technology defined in Article 39 of the Act (hereinafter referred to as the "Evaluation Institute");
3. The Korea Institute of Ceramic Engineering and Technology defined in Article 39-2 of the Act (hereinafter referred to as the "Institute of Ceramic Engineering and Technology");
4. The Korea Testing Laboratory defined in Article 41 of the Act (hereinafter referred to as the "Laboratory");
5. The Industrial Technology Research Cooperatives defined in the Industrial Technology Research Cooperatives Support Act;
6. The Korea Institute of Design Promotion defined in the Industrial Design Promotion Act and companies specializing in industrial design;
7. The Korea Productivity Center defined in the Industrial Development Act and associations of business operators;
8. Deleted; <by Presidential Decree No. 26889, Jan. 12, 2016>
9. Small and medium enterprises defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises;
11. Large enterprises that are not small and medium enterprises defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, nor middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;
12. and 13. Deleted; <by Presidential Decree No. 26889, Jan. 12, 2016>
14. The Korea Institute for Robot Industry Advancement defined in Article 41 of the Intelligent Robots Development and Distribution Promotion Act;
15. Other institutions, organizations, and businesses, recognized as meeting the standards determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 12 (Conclusion, etc. of Agreements)
(1) Each agreement entered into under Article 11 (2) of the Act shall include the following matters: <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
1. The tasks of the project for the development of industrial technology and the term of agreement;
2. Information about the general manager of the project for the development of industrial technology, the main research institute defined under the latter part of Article 11 (2) of the Act (hereinafter referred to as "main research institute"), and participating institutions defined under Article 11 (3) of the Act (hereinafter referred to as "participating institutions");
3. Payment, use, management, and settlement of the costs of the project for the development of industrial technology;
3-2. Management of research equipment;
4. Evaluation of and reporting on the results of tasks of the project for the development of industrial technology;
5. Amendment and cancellation of the agreement;
6. License fees as defined in Article 12 of the Act (hereinafter referred to as "license fees");
7. Ownership, utilization, transfer, and follow-up management of the outcomes of technological innovation;
8. Matters relating to measures in response to violations of the agreement;
9. Compliance with ethics in research and safety management;
10. Other matters that the Minister of Trade, Industry and Energy deems necessary to execute the project for the development of industrial technology.
(2) In any of the following cases, the Minister of Trade, Industry and Energy may amend any agreement prescribed in paragraph (1), in accordance with provisions of the agreement: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Where it is necessary to amend the agreement in order to reduce the cost of the project for innovation in industrial technology, reduce the period of the project, or execute the project more efficiently;
2. Where it is necessary to amend the agreement due to an amendment to any relevant statute or a change in any policy on projects for innovation in industrial technology;
3. Where it is necessary to amend the agreement due to any constraint on the Government's budget for the tasks stipulated in a multi-year contract or the results of evaluation of the tasks of the project for innovation in industrial technology;
4. Where the head of the main research institute requests an amendment to the agreement on the ground of a change in any of the project objectives, a change in the project period, or any other similar ground.
(3) In any of the following cases, the Minister of Trade, Industry and Energy may unilaterally cancel an agreement made under paragraph (1) in accordance with provisions of the agreement: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Where the objectives of a project for innovation in industrial technology have already been attained by another project, thus making it unnecessary to continue the project;
2. Where it is impracticable to continue a project due to a serious breach of the agreement by the main research institute or a participating institution;
3. Where a project has been delayed or suspended by the main research institute or a participating institution and it is found unlikely to obtain the results initially expected or the main research institute or the participating institution is found incapable of completing the project;
4. Where the main research institution or a participating institution abandons the project;
5. Where the Minister of Trade, Industry and Energy suspends the execution of a project in view of the results of evaluation of the tasks performed during a year or at each phase under a multi-year contract;
6. Where the main research institute or a participating institution is unable to continue the project due to bankruptcy, court receivership, business closure, or any other similar cause or event;
7. Where the main research institute or a participating institution commits fraud, such as forgery, falsification, or plagiarism, in regard to data or outcomes of research and development;
8. Where the main research institute or a participating institution fails to undergo the evaluation of a task, without good cause.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), further details necessary for the execution, amendment, and cancellation of an agreement shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 13 (Payment, Use and Management of Contributions and Subsidies for Projects for Development of Industrial Technology)
(1) When the Minister of Trade, Industry and Energy pays any contribution to a main research institute, he/she may do so in lump sum or installments, taking into account the progress of the project for the development of industrial technology. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) A main research institute to whom contributions are paid under paragraph (1) shall manage the contributions in a separate account.
(3) A main research institute shall use contributions paid under paragraph (1) to cover the following expenses incurred in a project for the development of industrial technology, as determined by the Minister of Trade, Industry and Energy: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Personnel expenses, such as in-house personnel expenses and outsourced personnel expenses;
2. Direct costs, such as costs of research equipment and materials, expenses for research activities, and research allowances;
3. Overhead expenses, such as labor costs, research expenses, and expenses for assistance in the utilization of outcomes;
4. Expenses for outsourced research and development.
(4) If a main research institute uses the contributions paid under paragraph (1) for any purpose other than as specified in paragraph (3) without good cause, the Minister of Trade, Industry and Energy may recover all or part of the contributions. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(5) The provisions of the Subsidy Management Act shall apply to the payment, use, and management of subsidies under Article 11 (5) of the Act. <Newly Amended by Presidential Decree No. 23313, Nov. 23, 2011>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 14 (Agency Dedicated to Planning, Management, and Evaluation of Projects for Development of Industrial Technology)
“Institution or organization specified by Presidential Decree" in the former part of Article 11 (4) of the Act means any of the following persons: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. The Technology Advancement Institute;
3. Other persons deemed competent to perform the planning, management, and evaluation of projects for the development of industrial technology on his/her behalf by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 14-2 (Scope of Affairs Carried out by Dedicated Agency)
The scope of affairs performed by a dedicated agency under Article 11 (5) 2 of the Act is as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Assistance in the formulation of plans for a project for innovation in industrial technology;
2. Surveys on the demand for technologies and search for tasks;
3. Conclusion of agreements and the evaluation and management of projects;
4. Project costs payment and settlement and matters concerning license fees, etc.;
5. Management and utilization of project outcomes;
6. Other matters the Minister of Trade, Industry and Energy deems necessary to execute projects for the development of industrial technology.
[This Article Newly Inserted by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 14-3 (Restrictions on Participation, etc. in National Research and Development Projects)
(1) "Cases specified by Presidential Decree" in Article 11-2 (1) 7 of the Act means the following cases where a person fails to comply with a request for rectification, without good cause, upon receipt of a request to perform his/her obligations under an agreement: <Amended by Presidential Decree No. 26889, Jan. 12, 2016; Presidential Decree No. 28291, Sep. 15, 2017>
1. Where a person fails to submit a project expenditure report or submits false information on such report;
2. Where a person uses any revenue earned from a project for any purpose other than intended;
3. Where a person fails to pay settlement money;
4. Where a person fails to pay his/her share of contributions in breach of the relevant agreement;
5. Where a person fails to perform his/her safety management obligations under the relevant agreement;
6. Where a person commits either of the following acts in connection with a project referred to in Article 19 (1) 2 of the Act:
(a) Where a person who disposes of any research equipment or facility without authorization;
(b) Where a person uses the revenue derived from usage fees for any purpose other than those stipulated in the relevant agreement;
7. Where a person violates any other provision of the relevant agreement and the Minister of Trade, Industry and Energy deems the person unfit to perform the relevant project for innovation in industrial technology.
(2) Article 9-2 shall apply mutatis mutandis to the standards and procedures for the evaluation of the results of research under Article 11-2 (1) 1 of the Act. In such cases, "a project for innovation in industrial technology" shall be construed as "a project for the development of industrial technology;" and "indicators for evaluation" as "standards for evaluation," respectively.
(3) The periods during which participation in any national research and development project is restricted under Article 11-2 (1) of the Act are as specified in attached Table 1. <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
(4) The guidelines for and limits to the recovery of a project cost under the main sentence of Article 11-2 (1) of the Act are as prescribed in attached Table 2. <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
(5) If it is deemed that a research project has been performed according to systematic and adequate methods and processes in either of the following cases, the Minister of Trade, Industry and Energy may reduce the period of restriction on participation under subparagraph 2 (a) (i) of attached Table 1 or may elect not to restrict participation under the proviso to the main sentence of Article 11-2 (1) of the Act and may fully or partially waive the recovery of the project cost under subparagraph 1 of attached Table 2: <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
1. Where a person initially set a challenging goal and fails to attain the goal;
2. Where a person fails to attain the goal due to any external factor, such as a change in circumstances.
(6) The Minister of Trade, Industry and Energy shall notify the head of each main research institute of the results of an evaluation conducted under paragraph (2). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(7) If the head of a main research institute has an objection to any results of an evaluation conducted under paragraph (6) or any detail or fact relevant to the restriction on participation or any measure taken for recovery under Article 11-2 (4) of the Act, he/she may file an objection with the Minister of Trade, Industry and Energy within ten days from the date the person is notified of the results thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26889, Jan. 12, 2016>
(8) Except as otherwise expressly provided for in paragraphs (2) through (7), further details necessary for evaluation and for filing an objection shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26889, Jan. 12, 2016>
[This Article Newly Inserted by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 14-4 (Guidelines for Imposition of Additional Monetary Sanction)
(1) The guidelines for the imposition of additional monetary sanction under Article 11-3 (1) of the Act (hereinafter referred to as "additional monetary sanction") shall be as prescribed in attached Table 3. <Amended by Presidential Decree No. 25540, Aug. 6, 2014; Presidential Decree No. 28291, Sep. 15, 2017>
(2) "Cases specified by Presidential Decree" in Article 11-3 (1) 2 of the Act means where the expenses to be incurred in the imposition and collection of additional monetary sanction are greater than the amount of the additional monetary sanction to be imposed and collected. <Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014>
(3) The Minister of Trade, Industry and Energy may hear the opinions of relevant public officials, experts, etc., as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if necessary to determine whether to impose an additional monetary sanction, and if so, the amount of such additional monetary sanction. <Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 14-5 (Imposition and Payment of Additional Monetary Sanction)
(1) When the Minister of Trade, Industry and Energy imposes an additional monetary sanction upon a person under Article 11-3 (1) of the Act, he/she shall give the person written notice, clearly stating the type of the offense and the amount of the additional monetary sanction, to demand the payment thereof. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25540, Aug. 6, 2014>
(2) A person in receipt of notice issued under paragraph (1) shall pay the amount of additional monetary sanction to the receiving agency specified by the Minister of Trade, Industry and Energy within 30 days of receipt of the notice: Provided, That if a person is unable to pay an amount of additional monetary sanction during the specified period due to an act of God, war, or any other unavoidable cause, the person shall pay it within seven days from the date such cause ceases to exist. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) If the Minister of Trade, Industry and Energy finds that a person upon whom an additional monetary sanction is imposed under Article 11-3 (1) of the Act (hereafter referred to as "person obliged to pay an amount of additional monetary sanction" in this Article) has a difficulty in paying the full amount of the additional monetary sanction in lump sum due to any of the following causes or events, he/she may postpone the payment deadline or allow such person to pay it in installments. In such cases, the Minister may require the person to provide security, if he/she deems it necessary: <Amended by Presidential Decree No. 26889, Jan. 12, 2016>
1. Where the person has sustained a substantial loss in his/her property due to a disaster, etc.;
2. Where the person's business is in a serious crisis due to the deterioration of economic conditions or business conditions;
3. Where the person is expected to be in serious financial trouble if he/she is forced to pay the additional monetary sanction in lump sum.
(4) A person who wishes to obtain permission to postpone the deadline for the payment of an amount of additional monetary sanction or for the payment in installments shall file an application therefor with the Minister of Trade, Industry and Energy, along with documents evidencing the reason for the postponement of the payment deadline or for the payment in installments. <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016>
(5) The payment deadline prescribed in paragraph (3) shall not be postponed by more than one year from the day immediately following the payment deadline. <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016>
(6) Where a person is permitted to pay an amount of additional monetary sanction in installments under paragraph (3), each installment shall be paid not more than four months apart, and the number of installments shall not exceed three. <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016>
(7) In either of the following cases, the Minister of Trade, Industry and Energy may cancel the decision to postpone the deadline for payment of an amount of additional monetary sanction or permit a person obliged to pay an amount of additional monetary sanction to pay the charge in installments and may collect the charge at once: <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016>
1. If the person fails to pay the amount of additional monetary sanction by the payment deadline in spite of the decision to pay the charge in installments;
2. If it is found impracticable to collect the full amount or remainder of the amount of additional monetary sanction from the person because of foreclosure, the commencement of an auction, the dissolution of the corporation, the disposition of delinquent national or local taxes against the person.
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 14-6 (Surcharges)
The amount of a surcharge paid under Article 11-3 (3) shall be equivalent to 3/100 of the amount of delinquent additional monetary sanction: Provided, That if an additional monetary sanction is paid within one week after the deadline for payment, the amount of the surcharge shall be equivalent to 1/100 of the delinquent additional monetary sanction.
[This Article Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014]
 Article 14-7 (Reminder Notice)
Reminder notices prescribed in Article 11-3 (4) of the Act shall be issued in writing, clearly stating the following matters therein, within 15 days after the deadline for payment:
1. The amount of the unpaid additional monetary sanction and the surcharge;
2. The payment deadline (which shall be within ten days from the date of issue of the reminder notice);
3. The place for payment;
4. A warning that an amount of the additional monetary sanction shall be compulsorily collected, if payment is not made by the due date.
[This Article Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014]
 Article 15 (Collection, Management, and Use of License Fees)
(1) The license fee shall be the amount stipulated by the agreement made under Article 12 within 50/100 of the amount contributed by the Minister of Trade, Industry and Energy under Article 11 (2) of the Act or 5/100 of the revenue received as a result of the commercialization of the outcomes of technological innovation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy may permit a person to pay the license fee under paragraph (1) in installments in accordance with the provisions of the agreement made under Article 12 and may exempt a person who pays the license fee in lump sum or makes an advance payment, from paying a certain amount out of the license fee. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) Deleted. <by Presidential Decree No. 25921, Dec. 30, 2014>
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), further details about the collection and management of license fees shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25921, Dec. 30, 2014>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 16 (Ownership, etc. of Outcomes of Technological Innovation)
(1) In the following cases (excluding where ownership in outcomes of technological innovation shall vest in the State under paragraph (2)), the ownership in the outcomes of technological innovation may vest in a participating institution in accordance with the provisions of the relevant agreement pursuant to the proviso to Article 13 (1) of the Act: <Newly Inserted by Presidential Decree No. 23836, Jun. 5, 2012>
1. If the outcomes of technological innovation are tangibles, such as prototypes or research equipment or facilities, where it is inappropriate to induce a participating institution to make an investment on condition that ownership vests in the institution or to recognize the ownership of the main research institute for any other reason;
2. If the outcomes of technological innovation are intangibles developed by a participating institution, such as technical data, research reports, and intellectual property rights.
(2) In the following cases, an undivided ownership interest in outcomes of technological innovation may vest in the State in proportion to the Government's share of contributions in accordance with the provisions of the relevant agreement, pursuant to the proviso to Article 13 (1): <Amended by Presidential Decree No. 23836, Jun. 5, 2012>
1. Where it is needed for national security;
2. Where it is needed to utilize the outcomes of technological innovation for the public good;
3. Where the main research institute is a person that engages in profit-making activities, such as a business, but fails to pay the license fee in full;
4. Where the institution in which the ownership of outcomes of technological innovation shall vest is situated in a foreign country;
5. Where the main research institute does not use (including where products are manufactured using the outcomes), transfer (including technology transfer), lend, or export outcomes of technological innovation.
(3) "The period specified by Presidential Decree" in Article 13 (2) of the Act means one year from the date of payment.
(4) "Intellectual property rights, equipment for research, and outcomes of technological innovation specified by Presidential Decree as important outcomes" in Article 13 (2) of the Act mean the following outcomes produced by executing a project for the development of industrial technology: <Amended by Presidential Decree No. 21634, Jul. 22, 2009>
1. Intellectual property rights registered under the Patent Act, the Utility Model Act, or the Design Protection Act;
2. An author's economic rights under the Copyright Act;
3. Research equipment managed along with the National Integrated Science and Technology Information System under the Regulations on the Management of National Research and Development Projects.
(5) “The grounds specified by Presidential Decree" in the former part of Article 13 (3) of the Act means where ownership vests in the State under paragraph (2). <Amended by Presidential Decree No. 23836, Jun. 5, 2012>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 16-2 (Special Provisions concerning Management of Intellectual Property Rights, etc.)
(1) A person who intends to acquire intellectual property rights vested in the Government, without consideration therefor, or to be eligible for full or partial exemption from licensee fees, under Article 13-2 (1) of the Act, shall file an application, describing the following matters therin, with the head of the competent central administrative agency:
1. The numbers, titles, and descriptions of the intellectual property rights;
2. Purposes of use;
3. The project plan related to the use of the intellectual property rights.
(2) A person who intends to acquire research equipment and facilities, prototypes, or any other things under Article 13-2 (2) of the Act shall file an application, stating the following matters therein, with the head of the competent central administrative agency:
1. Provisions of the research service contract or of the relevant agreement;
2. Names of research equipment and facilities, prototypes, or any other things, and the location of such property;
3. Purposes of use.
(3) When the head of a central administrative agency transfers intellectual property rights, research equipment and facilities, prototypes, or any other things under paragraphs (1) and (2), he/she shall ensure that the transfer is made in accordance with the agreement made with the person who acquires them.
(4) Where the head of a central administrative agency intends to enter into an agreement under paragraph (3), he/she shall, in advance, consult with the Minister of Strategy and Finance on intellectual property rights and with the Administrator of the Public Procurement Service on research equipment and facilities, prototypes, or other things, respectively.
(5) A person who becomes subject to special provisions concerning the management of intellectual property rights, etc. under Article 13-2 (1) and (2) of the Act shall report the results of utilization of such intellectual property rights, research equipment and facilities, prototypes, or other things, to the head of the competent central administrative agency each year by not later than January 20 of the following year for three years from the date the person becomes subject to the special provisions.
[This Article Newly Inserted by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 17 (Activities for Promotion of Commercialization of Developed Technologies)
(1) "Projects prescribed by Presidential Decree" in Article 15 (2) 6 of the Act means the following projects: <Amended by Presidential Decree No. 23313, Nov. 23, 2011>
1. Facilitation of commercialization of patented technologies and technologies related to utility models and designs;
2. Assistance with human resources, information, facilities, funds, technology, etc. as necessary to commercialize developed technologies;
3. Certification of products made with an industrial technological innovated or improved by practicing the developed technology into practical use and the certification of the quality of such products;
4. Assistance with finance, technology, and advertising in the promotion of new excellent technologies and new excellent products certified under Articles 15-2 and 16 of the Act;
5. Assistance in the purchase of developed technologies;
6. Assistance in the further development of technologies purchased or entrusted.
(2) Further details about the matters necessary for the certification and assistance under paragraph (1) 3, 5, and 7, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 18 (Procedure of Certification of New Excellent Technology)
(1) A person who intends to have a new technology certified as a new excellent technology under Article 15-2 (1) of the Act (hereinafter referred to as "applicant") shall file an application for certification with the Minister of Trade, Industry and Energy, along with the accompanying documents specified by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(2) Upon receipt of application issued under paragraph (1), the Minister of Trade, Industry and Energy shall conduct examinations on the new technology in accordance with the standards for certification of new technology under Article 18-2 (1) (hereinafter "examinations for the certification of new excellent technology") and shall certify the new technology as a new excellent technology, if it is determined that the technology meets the standards. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(3) When the Minister of Trade, Industry and Energy intends to certify a technology as a new excellent technology under paragraph (2), he/she shall publicly announce the intended certification of the new technology, including information about the following matters therein, in the Official Gazette or the information and communications network designated by the Minister of Trade, Industry and Energy: <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
1. The name of technology;
2. The name of the institution and its representative;
3. The intended period of certification;
4. The period and methods for the submission of opinions thereon.
(4) Any interested party in a technology, the intended certification of which as a new excellent technology, has been publicly announced under paragraph (3), may present his/her opinion thereon to the Minister of Trade, Industry and Energy within 30 days from the date of pubic announcement of the intended certification of the technology as a new excellent technology. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28291, Sep. 15, 2017>
(5) The Minister of Trade, Industry and Energy shall examine the opinion presented under paragraph (4) and shall notify the applicant and the interested parties of his/her decision thereon, the grounds therefor, etc. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(6) When the Minister of Trade, Industry and Energy certifies a technology as a new excellent technology under paragraph (2), he/she shall issue a certificate of new excellent technology to the applicant in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(7) When the Minister of Trade, Industry and Energy issues a certificate of new excellent technology under paragraph (6), he/she shall publicly announce the certification of new excellent technology and the matters specified by Minister of Trade, Industry and Energy in the Official Gazette or the information and communications network designated by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), necessary matters concerning the procedure for examinations for the certification of new excellent technology shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 18-2 (Standards for Certification of New Excellent Technology and Subject Matters Eligible for Certification)
(1) The standards for the certification of a new excellent technology under Article 15-2 (5) of the Act are as follows:
1. The technology shall be creative, domestically developed and at a level equivalent to or higher than the level of technologies of advanced countries, and it shall be possible to commercialize the technology;
2. Technological and economic impact of the technology shall be so great that it can contribute to the improvement of national technical strength and international competitiveness;
3. The applicant shall have a quality management system in operation to maintain the level of performance of the products as presented as the goals of development in the quality and stability of the products;
4. Assistance by the certification of new excellent technology shall be effectual and necessary.
(2) To be eligible for certification of new excellent technology under Article 15-2 (5) of the Act, a technology shall meet any of the following criteria as on the filing date of application:
1. A technology, the complete development of which has been verified with quantitative evaluation indicators by testing or operating the prototypes, etc. made with the technology founded as a theory (hereinafter referred to as "testing for substantiation") and that can be commercialized within two years;
2. A technology the complete development of which has been verified with quantitative evaluation indicators by testing for substantiation and that can significantly improve the performance of existing products in the future;
3. A process technology that can significantly improve the productivity or quality of products in the future.
(3) Further details about the standards for the certification of new excellent technology and the subjects therefor under paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 18-3 (Effective Period of Certification of New Excellent Technology, etc.)
(1) The effective period of certification of a new excellent technology under Article 15-2 of the Act shall be specified at the time of certification of the new excellent technology, which shall not exceed three years from the date of public announcement under Article 18 (7).
(2) To be eligible for the extension of the period of certification of a new excellent technology under Article 15-2 (5) of the Act, the new excellent technology shall meet any of the following criteria:
1. A new excellent technology that has not been commercialized by the end of the certification period;
2. A new excellent technology, the certification period of which is to expire within one year from the date of commercialization.
(3) A person who intends to obtain approval for the extension of the period of the certification of a new excellent technology under Article 18 (6) shall file an application for extension of the effective period with the Minister of Trade, Industry and Energy at least four months earlier than the expiration of the effective period, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Upon receipt of an application filed under paragraph (3), the Minister of Trade, Industry and Energy may extend the certification period of the new excellent technology by not more than three years. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(5) When the Minister of Trade, Industry and Energy extends the effective period under paragraph (4), he/she shall reissue the certificate of new excellent technology in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(6) The Minister of Trade, Industry and Energy shall notify a person who has earned the certification of a new excellent technology of his/her decision on the extension of the effective period of certification at least five months prior to the expiration of the certification of the new excellent technology. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(7) Article 18 (3) through (5) and (7) shall apply mutatis mutandis to the extension of the effective period of certification of a new excellent technology.
(8) Further details about the criteria for eligibility for the extension of the effective period of certification of a new excellent technology under paragraph (2), shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 18-4 (Procedure for Verification of Products Made with New Excellent Technology)
(1) A person who intends to obtain verification of a product made with a new excellent technology under Article 15-2 (3) of the Act (hereinafter referred to as "product made with a new excellent technology") shall file an application for verification with the Minister of Trade, Industry and Energy, along with the accompanying documents specified by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Upon receipt of an application under paragraph (1), the Minister of Trade, Industry and Energy shall issue written verification of the product made using a new excellent technology in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy, if the product specified in the application meets both of the following standards: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. The product is made using a new excellent technology certified under Article 15-2 (1) of the Act (hereinafter referred to as "certified new technology");
2. The performance and quality of the product is at least equal to the performance and quality of other products of the same kind.
(3) Article 18 (7) shall apply mutatis mutandis to the verification of products made using a new excellent technology.
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 18-5 (Procedure for Certification of New Excellent Products)
(1) Article 18 (1) through (7) shall apply mutatis mutandis to the procedure for certification of new excellent products under Article 16 (1) of the Act. In such cases, "new excellent technology" shall be construed as "new excellent product," and "examinations for the certification of a new excellent technology" as "examinations for the certification of a new excellent product," respectively.
(2) If it is necessary to effectively examine the certification of a new excellent product, the Minister of Trade, Industry and Energy may request appropriate specialized institutions to evaluate technologies and test products. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), necessary matters concerning the procedure for examinations for the certification of new excellent products shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 19 (Standards for Certification of New Excellent Products and Subjects of Certification)
(1) The standards for certification of new excellent products under Article 16 (4) of the Act are as follows: <Amended by Presidential Decree No. 23313, Nov. 23, 2011>
1. The core technology used to make the product specified in the application shall be a technology developed for the first time in Korea or an alternative technology equivalent thereto that comes from innovative improvement and amelioration of existing technologies;
2. The performance and quality of the product specified in the application shall be clearly superior to those of other products of the same kind;
3. The applicant shall have a quality management system in operation to ensure the continuous manufacturing of products of the same quality;
4. The product shall not infringe on any third person's industrial property rights;
5. The product shall have substantial impact on technology;
6. The product shall have substantial, wide-spread economic impact, such as increasing exports or an impact on related industries.
(2) To be eligible for certification of a new excellent product under Article 16 (4) of the Act, a product shall be less than three years old since its launch into the market: Provided, That the following products shall be excluded from those eligible for the certification of a new excellent product: <Amended by Presidential Decree No. 23313, Nov. 23, 2011>
1. A product made using a technology already universally available in the Republic of Korea;
2. A product made with all main components imported;
3. A product to which the new technology applied is unnecessary to attain the unique functions and purposes of the new product;
4. A facility operated mainly with an engineering technology;
5. A food, a medicine, or a medical device defined under Article 2 of the Medical Devices Act;
6. A novelty that anyone can readily imitate;
7. A product made on the basis of a scientifically unproven theory;
8. A product that is contrary to good customs or likely to be harmful to public order.
(3) Further details about the standards for certification of a new excellent product and the criteria for determination on those not subject to the certification of a new excellent product under paragraph (1) and the proviso to paragraph (2) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 20 (Effective Period of Certification of New Excellent Products, etc.)
(1) The effective period of certification of a new excellent product issued under Article 16 (4) of the Act shall be three years from the date of public announcement thereof, as defined under Article 18 (7), which shall apply mutatis mutandis pursuant to Article 18-5 (1), but may be extended only once by not more than three years: <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 28291, Sep. 15, 2017>
1. and 2. Deleted; <by Presidential Decree No. 28291, Sep. 15, 2017>
(2) To be eligible for the extension of the effective period of certification of a new excellent product under Article 16 (4) of the Act, the new excellent product shall meet all the following requirements: <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011>
1. The new excellent product specified in the application for extension of the effective period shall maintain the same level of performance and quality the product had at the time of certification;
2. No alternative product with performance and quality equal or superior to those of the new excellent product specified in the application for the extension of the effective period is not manufactured and currently available in the marketplace.
(3) A person who intends to obtain approval for the extension of the effective period of a new excellent product under Article 18-5 (1), after obtaining a certificate of a new excellent product, shall file an application for extension of the effective period with the Minister of Trade, Industry and Energy at least three months earlier than the end of the effective period under paragraph (1). <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(4) When the Minister of Trade, Industry and Energy extends the effective period under paragraph (1), he/she shall issue a replacement certificate of a new excellent product in the form prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the applicant for extension. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(5) The Minister of Trade, Industry and Energy shall notify the person who has obtained the certification of a new excellent product of his/her decision on the extension of the effective period of certification at least four months prior to the expiration of the certification of the new excellent product. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(6) Article 18 (3) through (5) and (7) and Article 18-5 (2) shall apply mutatis mutandis to extensions of the effective period of certificates for new excellent products. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011>
(7) Necessary matters concerning the standards for the extension of the effective period under paragraph (3), etc. shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 20-2 (Re-issuance of Certificates and Written Verification)
If a person who has obtained certificate of a new excellent technology, a certificate of a new excellent product, or a written verification of the product made with a new excellent technology has the certificate or written verification lost or destroyed or if there is a change in any of the descriptions on such certificate or written verification, the person may file an application for re-issuance of the certificate or written verification with the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 20-3 (Petition to object to Certification of New Excellent Technology, etc.)
(1) An interested party who intends to file a petition to object to a certification of a new excellent technology, the verification of a product made with a new excellent technology, the certification of a new excellent product, or the extension of the effective period of such certification under Article 16-2 (1) of the Act, may file a petition for objection with the Minister of Trade, Industry and Energy by not later than three months from the date of public announcement under Article 18 (7) (including where the aforesaid provisions shall apply mutatis mutandis pursuant to Article 18-3 (7), 18-4 (3), 18-5 (1), or Article 20 (6)), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) Upon receipt of a petition for objection under paragraph (1), the Minister of Trade, Industry and Energy shall notify the applicant for the certification and verification of the details of the petition, or extension of the effective period of the petition by not later than seven days from the filing date of the petition. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) A person who intends to file a petition to object to the denial of certification of a new excellent technology, verification of a product made with a new excellent technology, certification of a new excellent product, or extension of the effective period of such certification under Article 16-2 (1) of the Act, may file the petition for objection with the Minister of Trade, Industry and Energy by not later than 14 days from the date on which the petitioner is served with notice of denial, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 20-4 (Procedure and Method for Revocation of Certification of New Excellent Technology, etc.)
(1) When the Minister of Trade, Industry and Energy intends to revoke any certification of a new excellent technology or product under Article 16-5 of the Act, he/she shall hold a hearing. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy revokes certification of a new excellent technology or product under Article 16-5, he/she shall give notice thereof to the party to the case and interested parties, and shall publicly announce the same in the Official Gazette or the information and communications network designated by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 21 (Financial Assistance for Certified New Excellent Technologies or Products)
(1) Pursuant to Article 17 (1) of the Act, the head of a related administrative agency may use the following funds to give preferential funding to a person who intends to manufacture products using new technology or may request the head of another related agency to assist such person: <Amended by Presidential Decree No. 26889, Jan. 12, 2016; Presidential Decree No. 27205, May 31, 2016>
1. The Technology Development Fund for the implementation of specific research and development projects defined in Article 14 (1) of the Basic Research Promotion and Technology Development Support Act;
2. The Science and Technology Promotion Fund defined in Article 22 of the Framework Act on Science and Technology;
3. The Fund for the Establishment and Promotion of Small and Medium Enterprises defined in Article 63 of the Small and Medium Enterprises Promotion Act;
4. The Fund for the Promotion of Information and Communications defined in Article 41 of the Information and Communications Technology Industry Promotion Act;
5. The Technology Development Fund of the Korea Development Bank defined in the Korea Development Bank Act;
6. The Technology Development Fund of the Industrial Bank of Korea defined in the Industrial Bank of Korea Act;
7. The fund of a specialized credit financial business company for its venture capital business, registered under the Specialized Credit Finance Business Act;
8. Technology guarantee provided by the Korea Technology Finance Corporation defined in the Korea Technology Finance Corporation Act;
9. Subsidies for the promotion of invention defined in Article 4 of the Invention Promotion Act;
10. Other special funds raised by the Government in order to subsidize technological development.
(2) Pursuant to Article 17 (1) of the Act, the head of a related administrative agency may request any person falling under any subparagraph of Article 22 to take measures necessary to boost the purchase of products made with a new excellent technology, including preferential purchase.
[This Article Wholly Amended by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 22 (Public Institutions Obliged to Purchase Certified New Products)
"A public institution specified by Presidential Decree" in the main sentence of Article 17 (2) of the Act means an institution or organization specified in any of the following subparagraphs (hereinafter referred to as "public institution"): <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
1. A central administrative agency;
2. A local government;
3. A public corporation or a quasi-government agency, defined under Article 5 of the Act on the Management of Public Institutions;
4. Other institutions publicly notified by the Minister of Trade, Industry and Energy, as deemed necessary to promote purchase of new excellent products certified under Article 18-5 and new excellent products, the effective period of which is extended under Article 20 (hereinafter referred to as "certified new products").
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 23 (Ratio of Compulsory Purchase of Certified New Products, etc.)
(1) "Ratio specified by Presidential Decree to the total amount of the items purchased" in the main sentence of Article 17 (2) of the Act means 20/100 of the total amount of the relevant items purchased (referring to the items with the same commodity classification code and the same product specification as those assigned to relevant certified new products under Article 9 of the Enforcement Decree of the Act on the Management and Use of Information on Commodity Lists).
(2) "Certified new products specified by Presidential Decree" in the main sentence of Article 17 (2) of the Act means the certified new products with an effective period still current as at the time a public institution purchases the products.
(3) In any of the following cases, the Minister of Trade, Industry and Energy may approve the exemption from compulsory purchase of a certified new product under the proviso to Article 17 (2) of the Act: <Newly Inserted by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
1. If the relevant product has not entered into mass production or is unlikely to do so;
2. If the price of the relevant product is substantially higher than the price of another product of the same kind;
3. If the performance of the relevant product is substantially poorer than that of another product of the same kind or the relevant product is unstable;
4. If the specification of the relevant product does not match the specification of the product that the public institution needs;
5. If it is found impossible or significantly unreasonable to purchase the certified new product for any other reason.
(4) Further details about the criteria for exemption from the compulsory purchase under paragraph (3) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Newly Inserted by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 24 (Duty of, and Qualifications for, Managers in Charge of Public Purchase)
(1) A person appointed as a manager in charge of public purchase under Article 17-2 (1) of the Act (hereinafter referred to as "manager in charge of public purchase") shall perform the following affairs: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Purchase of certified new products under Article 17 (2) of the Act;
2. Submission of data necessary to assess the appropriateness of the purchase of certified new products under Article 17-2 (2) of the Act, such as plans for the purchase of certified new products and the results of purchase;
3. Receipt of recommendations for improvement under Article 17-2 (3) of the Act;
4. Making improvements as recommended under Article 17-2 (4) of the Act and the notification of results thereof;
5. Other affairs determined and publicly notified by the Minister of Trade, Industry and Energy as necessary for the efficient implementation of the public purchase program.
(2) In order for a person to be eligible for recommendation by the head of a public institution as a manager in charge of public purchase, the person shall be currently in charge of affairs related to the purchase of products in the relevant public institution.
(3) Necessary matters concerning the procedure for the appointment of managers in charge of public purchase shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23836, Jun. 5, 2012]
 Article 25 (Notification of Lists of Certified New Products)
(1) The Minister of Trade, Industry and Energy shall notify public institutions of the following matters by not later than January 31 each year: <Amended by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
1. A list of the certified new products that each public institution shall purchase in accordance with Article 17 (2) of the Act;
2. The guidelines for the formulation of a plan for the purchase of certified new products under Article 17-2 (2) of the Act.
(2) When products to be added to the list under paragraph (1) 1 are confirmed, the Minister of Trade, Industry and Energy shall notify public institutions thereof. In such cases, each public institution, upon receipt of notice, shall add further relevant products to the list of certified new products. <Amended by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
(3) When a public institution intends to purchase the products that meet the criteria set under the main sentence of Article 17 (2) of the Act, a person whose product has been certified as a new excellent product under Article 16 (1) of the Act may request the Minister of Trade, Industry and Energy to assist him/her in selling such new product to the public institution. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(4) Upon receipt of a request for assistance under paragraph (3), the Minister of Trade, Industry and Energy may request the public institution to purchase the certified new product. <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(5) Upon receipt of a request to purchase a certified new product under paragraph (4), a public institution shall notify the Minister of Trade, Industry and Energy, by not later than 30 days from the date it receives the request, of its decision as to whether to purchase the certified new product and the reasons therefor (including the ground for the exemption from compulsory purchase, if it intends to request the exemption from compulsory purchase under the proviso to Article 17 (2) of the Act). <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
(6) Further details about the matters necessary for the notification of the list of certified new products and the guidelines for the formulation of plans for the purchase of certified new products and the request for the purchase of certified new products under the provisions of paragraphs (1) through (5) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
 Article 26 Deleted. <by Presidential Decree No. 21461, Apr. 30, 2009>
 Article 27 (Submission of Purchase Reports and Purchase Plans, etc.)
(1) Each manager in charge of public purchase shall submit a report on the results of the purchase of certified new products for the preceding year and a plan for the purchase of certified new products for the current year, to the Minister of Trade, Industry and Energy by the end of March each year. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
(2) Each purchase plan and the purchase report issued under paragraph (1) shall include the following matters: <Newly Inserted by Presidential Decree No. 23836, Jun. 5, 2012>
1. A plan for the purchase of certified new products:
(a) A list of certified new product items to be purchased, along with their purchase amount (including the amount of certified new products to be purchased in accordance with the main sentence of Article 17 (2) of the Act, out of the total purchase amount for each item);
(b) A list of certified new products if a request for exemption from the obligation to purchase them is made under the proviso to Article 17 (2) of the Act, and the ground for exemption;
2. A report on the results of purchase of certified new products:
(a) The results of purchase according to the purchase plan for the preceding year;
(b) The reasons why the results of purchase fall short of the plan.
(3) The Minister of Trade, Industry and Energy shall collect the purchase reports and purchase plans submitted under paragraph (1) and publicly announce the list of certified new products to be purchased during the current year based upon the reports and plans. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), further details regarding matters necessary for the submission of purchase reports and purchase plans shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 27-2 (Recommendations for Improvement with Regard to Plans for, and Results of, Purchase of Certified New Products)
(1) When the Minister of Trade, Industry and Energy intends to recommend that a public institution should make improvements with regard to a plan for, or results of, the purchase of certified new products under Article 17-2 (3) of the Act, he/she shall state the following matters in the document (including electronic document) to be delivered for such recommendation: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26889, Jan. 12, 2016>
1. The name and representative of the public institution;
2. Detailed recommendations for improvement and the reasons therefor;
3. The deadline for the notification of the results of measures taken according to the recommendations for improvement;
4. Other matters that the Minister of Trade, Industry and Energy deems necessary in relation to the recommendations for improvement.
(2) When the Minister of Trade, Industry and Energy intends to give public notice under Article 17-2 (5) of the Act of the results of whether a public institution has complied with a recommendation, he/she shall publicly announce the following matters in the Official Gazette or on the web-site of the Ministry of Trade, Industry and Energy: <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016>
1. The name of the public institution;
2. Details of the recommendations for improvement and the reasons therefor;
3. The results of measures taken in response to the recommendations for improvement;
4. Other matters that the Minister of Trade, Industry and Energy deems necessary in relation to the results of measures taken in response to the recommendations for improvement.
[This Article Newly Inserted by Presidential Decree No. 23836, Jun. 5, 2012]
 Article 28 (Notification of Results of Purchase, etc.)
(1) The Minister of Trade, Industry and Energy shall notify the Chairperson of the Board of Audit and Inspection, the Minister of Strategy and Finance, the Minister of Education, the Minister of the Interior and Safety, and the Minister of the Office for Government Policy Coordination (hereafter referred to as "the heads of related central administrative agencies" in this Article) of the summary of purchase results and purchase plans collated under Article 27 (3). <Amended by Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28212, Jul. 26, 2017>
(2) When the Minister of Trade, Industry and Energy gives notice under paragraph (1), he/she may request the heads of related central administrative agencies to take measures necessary to promote the purchase of certified new products. In such cases, the heads of related central administrative agencies shall comply with such request, except in extenuating circumstances. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 29 (Warranty Coverage by Quality Guarantee Services for Certified New Products)
Warranties provided by quality guarantee services under Article 18 (1) of the Act for certified new products (hereinafter referred to as "quality guarantee services") shall cover all or part of the following liabilities:
1. Liability to perform under a contract for the supply of a certified new product;
2. Liability to guarantee the repair, replacement, recall, etc. of a certified new product;
3. Liability to compensate third parties for injuries and losses incurred by a certified new product;
4. Other liabilities specified by the person who provides quality guarantee services under Article 18 (1) of the Act, as necessary to guarantee quality of certified new products.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
CHAPTER IV DEVELOPMENT OF INFRASTRUCTURE AND ENVIRONMENT FOR INNOVATION OF INDUSTRIAL TECHNOLOGY
 Article 30 (Projects for Development of Infrastructure for Industrial Technology)
"Projects specified by Presidential Decree" in Article 19 (1) 7 of the Act means projects for the following purposes:
1. Protection of intellectual property rights and assistance with such protection;
2. Assistance in the improvement and certification of quality;
3. Assistance in the development of technologies for testing and evaluation and the improvement of precision in testing and evaluation;
4. Assistance in promoting cooperation between and among businesses, universities, and research institutes.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 31 (Main Institutions Responsible for Projects for Development of Infrastructure for Industrial Technology)
"Institution or organization specified by Presidential Decree" in Article 19 (2) of the Act means any of the following institutions and organizations (hereinafter referred to as "main institution"): <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. An industrial technology research cooperative defined under the Industrial Technology Research Cooperatives Support Act;
2. A public institution for technological assistance defined under Article 7 of the Act and Article 8 of this Decree;
3. The Technology Advancement Institute;
4. The Evaluation Institute;
5. The Institute of Ceramic Engineering and Technology;
6. The Laboratory;
7. A nonprofit corporation established under the Civil Act;
8. A corporation or organization established under any special Act;
9. Other institutions and organizations deemed to meet the standards determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 32 (Payment and Management of Contributions to Projects for Development of Infrastructure for Industrial Technology)
The provisions of Articles 12 (excluding paragraph (1) 6 of the same Article), 13, 14, and 14-2 through 14-5) shall apply mutatis mutandis to projects for the development of infrastructure for industrial technology. In such cases, "projects for the development of industrial technology" shall be construed as "projects for the development of infrastructure for industrial technology;" and "main research institute" as "main institution," respectively. <Amended by Presidential Decree No. 23313, Nov. 23, 2011>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 33 (Training and Utilization of Industrial Technology Human Resources)
"Matters specified by Presidential Decree" in Article 20 (1) 9 and subparagraph 6 of Article 20-2 of the Act means the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
1. Collection of information concerning industrial technology human resources;
2. Organization and operation of a council for the development of industrial technology human resources for each industrial sector;
3. Promoting creation of jobs for industrial technology human resources and assistance in the employment of such human resources;
4. Other matters the Minister of Science and ICT, the Minister of Trade, Industry and Energy or the Minister of SMEs and Startups deems necessary for the training and utilization of industrial technology human resources.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 33-2 (Schools Eligible for Support for Training of Field Experts)
"Schools specified by Presidential Decree" in Article 20-3 of the Act means the schools that meet all the following requirements:
1. A school shall have its main campus in an industrial site defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act;
2. A school shall be one established and operated by a school foundation funded by the Government for the purpose of training experts in industrial fields.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
 Article 34 (Institutions Obligated to Promote Utilization of Equipment, Facilities, etc. for Research)
"An institution specified by Presidential Decree" in the former part of Article 21 (2) of the Act means an institution that meets the following criteria: <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25921, Dec. 30, 2014>
1. An institution that has purchased research equipment and facilities and equipment, etc. for testing and evaluation (hereinafter referred to as "research equipment, etc."), the unit price of which is not below the standard unit price determined and publicly notified by the Minister of Trade, Industry and Energy with contributions or subsidies granted under Article 19 (2) of the Act;
2. An institution that has purchased research equipment, etc. for purposes determined and publicly notified by the Minister of Trade, Industry and Energy, which have been purchased with contributions or subsidies granted under Article 19 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 34-2 (Standards for Designation of Institutions Specializing in Management of Research Equipment)
"The standards prescribed by Presidential Decree" in the former part of Article 21 (4) of the Act means the following standards: <Amended by Presidential Decree No. 24442&24474, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 28212, Jul. 26, 2017>
1. The institution shall fall under any of the following categories:
(a) A national or public research institute;
(b) A research institute specializing in manufacturing technology, as defined under Article 42 of the Act;
(d) The Korea Institute of Energy Technology Evaluation and Planning, under Article 13 of the Energy Act;
(e) A specific research institute, under Article 2 of the Specific Research Institutes Support Act;
2. The institution shall meet the standards publicly notified by Minister of Trade, Industry and Energy, in consultation with the Minister of Science and ICT.
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 35 (Submission of Plans for Promotion of Use of Research Equipment, etc. and Reports on Use)
(1) Each main institution under Article 21 (2) of the Act shall submit a plan for the promotion of use of subsidized research equipment, etc., for the next year and a report on the use of such research equipment, etc. to the head of the institution specializing in the management of research equipment and which is designated under Article 21 (4) of the Act.
(2) The head of the institution specializing in the management of research equipment shall collect and analyze the plans for the promotion of use for the next year and the reports on the use for the preceding year, which have been submitted in accordance with paragraph (1), and shall report on the results thereof to the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), necessary matters concerning the methods for the submission of plans for the promotion of use and reports on the use, and the submission deadline shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 36 (Standardization of Industrial Technology)
"Matters specified by Presidential Decree" in subparagraph 4 of Article 24 of the Act means the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Monitoring of trends in the standardization of industrial technology and the establishment of countermeasure systems;
2. Assistance to the private sector in strengthening capabilities for standardization and in participating in international activities for standardization;
3. Establishment of measurement standards and the operation of a national calibration system;
4. Use of legal units of measure and the advancement of the statutory measure system;
5. Development and distribution of standard materials;
6. Development and dissemination of reference standards;
7. Training of human resources specializing in standardization and quality management;
8. Other matters that the Minister of Trade, Industry and Energy deems necessary to standardize industrial technology.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 37 (Development of Advanced Designs and Brands)
"Matters specified by Presidential Decree" in subparagraph 4 of Article 25 of the Act mean the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Surveys and research on designs and brands;
2. Dissemination of technologies and skills relating to designing and branding;
3. Protection of rights related to designs and brands;
4. Other matters that the Minister of Trade, Industry and Energy deems necessary to develop advanced designs and brands.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 38 (Expansion of Industrial Technology Base)
"Matters specified by Presidential Decree" in subparagraph 3 of Article 26 of the Act mean the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Promoting education for the general public in industrial technology;
2. Marketing of the trends in industrial technology via television, newspapers, and other mass media;
3. Holding of exhibitions related to industrial technology;
4. Other matters the Minister of Trade, Industry and Energy deems necessary to expand the industrial technology base.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
CHAPTER V INTERNATIONAL COOPERATION IN INDUSTRIAL TECHNOLOGY, ETC.
 Article 39 (Programs for International Cooperation in Industrial Technology)
"Programs specified by Presidential Decree" in Article 27 (1) 7 of the Act mean programs for the following purposes: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Formulation of strategies for international cooperation in technology;
2. Establishment and operation of organizations for international cooperation in technology;
3. Education and training of professionals for international cooperation in technology;
4. Other programs that the Minister of Trade, Industry and Energy deems necessary to promote international cooperation in technology.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 39-2 (Payment and Management of Contributions Granted for Programs for International Cooperation in Industrial Technology)
(1) Article 31 shall apply mutatis mutandis to programs for international cooperation in industrial technology. In such cases, "projects for the development of infrastructure for industrial technology" shall be construed as "projects for international cooperation in industrial technology."
(2) Articles 12 through 14 and 14-2 through 14-5 shall apply mutatis mutandis to programs for international cooperation in industrial technology. In such cases, "projects for the development of industrial technology" shall be construed as "programs for international cooperation in industrial technology;" and "main research institute" as "main institution," respectively. <Amended by Presidential Decree No. 23313, Nov. 23, 2011>
[This Article Newly Inserted by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 40 (Promotion of Inter-Korean Cooperation in Industrial Technology)
"Projects specified by Presidential Decree" in subparagraph 4 of Article 28 of the Act means projects for the following purposes: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Surveys and research on policies, systems, present conditions, etc. of North Korea in terms of industrial technology;
2. Surveys on the demand for Inter-Korean cooperation in industrial technology;
3. Other projects the Minister of Trade, Industry and Energy deems necessary to promote Inter-Korean cooperation in industrial technology.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 41 (Promotion of Utilization of Excellent Foreign Technical Professionals)
"Matters specified by Presidential Decree" in subparagraph 3 of Article 30 of the Act mean the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Surveys and research on actual conditions, prospects, etc. of the supply of and demand for excellent foreign technical professionals;
2. Collection and provision of information about employment of excellent foreign technical professionals, such as information about jobs offered and sought;
3. Education and marketing relating to assisting excellent foreign technical professionals in adapting to domestic living conditions, and enhancing their understanding of Korean culture;
4. Other matters that the Minister of Trade, Industry and Energy deems necessary to promote attracting and utilization of excellent foreign technical professionals.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 42 (Promotion of Attraction of Excellent Foreign Research and Development Centers)
"Matters specified by Presidential Decree" in subparagraph 4 of Article 31 of the Act means the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Surveys on the present status of foreign research centers with facilities established in the Republic of Korea, their demand for assistance, etc.;
2. Assistance in holding presentation sessions at home and abroad to draw foreign research centers to Korea;
3. Other matters that the Minister of Trade, Industry and Energy deems necessary to attract foreign research centers to Korea.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 43 (Assistance to Non-governmental Technology Coaching Institutions, etc.)
The Minister of Trade, Industry and Energy may assist and foster non-governmental technology coaching institutions defined under Article 33 (2) of the Act, with respect to the following matters: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Funds necessary to install, extend, improve, replace, etc. facilities for testing and examination;
2. Education and training of personnel for technical inspections and coaching services;
3. Development and implementation of techniques for technical inspections and coaching services.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 44 (Methods, Subject-Matter, Procedures, Periods, etc. in Assistance Program for Research Personnel)
(1) The methods for assistance in the assistance program for research personnel as defined in Article 34-2 (1) of the Act (hereinafter referred to as "assistance program for research personnel") are as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014>
1. Dispatch of research personnel from government-funded science and technology research institutes defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as "government-funded research institutes");
2. Other methods determined and publicly notified by the head of each central administrative agency.
(2) To be eligible for the assistance program for research personnel, an enterprise shall meet all the following criteria: <Amended by Presidential Decree No. 25495, Jul. 21, 2014; Presidential Decree No. 27506, Sep. 22, 2016>
1. The enterprise shall fall under any of the following categories:
(a) A technology-innovation-oriented small or medium enterprise defined in Article 15 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
2. The enterprise shall have a research institute annexed to the enterprise, as recognized under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act.
(3) The assistance program for research personnel shall operate for not more than three years but such term may be extended only once for a period of three years.
(4) Articles 12 (excluding paragraph (1) 6 of the same Article) through 14, 14-2, and 14-3 shall apply mutatis mutandis to financial assistance provided for the assistance program for research personnel under Article 34-2 (2) of the Act. In such cases, "project for the development of industrial technology" shall be construed as "assistance program for research personnel;" and "main research institute" as "government-funded research institute," respectively.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the assistance program for research personnel shall be determined and publicly notified by the head of each central administrative agency. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011]
 Article 44-2 (Sources of Funds in Account for Innovation of Industrial Technology and Uses of Funds)
(1) "Funds specified by Presidential Decree" in Article 37-4 (1) 6 of the Act means contributions and donations from any person other than the Government.
(2) "Uses specified by Presidential Decree" in Article 37-4 (2) 10 of the Act means the following purposes:
1. Assistance in the development of policies on innovation in industrial technology;
2. Programs for the survey on demand for technology for the projects specified in Article 37-4 (2) 1 through 4 of the Act, and for the planning, management, and evaluation of such projects;
3. Assistance to corporations and organizations established for the promotion of industrial technology and the development of the culture of industrial technology;
4. Other programs publicly notified by the Minister of Trade, Industry and Energy, deemed necessary to promote industrial technology or to facilitate commercialization.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
 Article 44-3 (Sources of Funds in Account for Rational Uses of Specific Substances and Uses of Funds)
(1) "Funds specified by Presidential Decree" in Article 37-5 (1) 5 of the Act means the funds transferred from general accounts, special accounts, or other funds.
(2) "Uses specified by Presidential Decree" in Article 37-5 (2) 5 of the Act means the following uses:
1. Programs for research on technical data for the projects specified in Article 37-5 (2) 1 through 3 of the Act and the survey on demand for technology for such projects and programs for the planning, management, and evaluation of such projects;
2. Programs for education and marketing for facilitating the use of alternative substances and the rational use of specific substances;
3. Programs incidental to the programs specified in subparagraphs 1 and 2;
4. Other programs entrusted by the Minister of Trade, Industry and Energy as he/she deems necessary for the rational use of specific substances.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
 Article 44-4 (Entrustment, etc. of Administrative Affairs Related to Management and Operation of Fund)
(1) Pursuant to Article 37-7 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the Technology Advancement Institute with the following administrative affairs related to the management and operation of the Fund for the Promotion of Development and Commercialization of Industrial Technology under Article 37-2 of the Act (hereinafter referred to as the “Fund”):
1. Accounting of the Fund;
2. Revenue and expenditure of the Fund;
3. Management of idle money in the Fund;
4. Other affairs publicly notified by the Minister of Trade, Industry and Energy as deemed necessary to manage and operate the Fund.
(2) When the Minister of Trade, Industry and Energy entrusts his/her authority over the management and operation of the Fund pursuant to paragraph (1), he/she shall appoint an executive officer responsible for the revenue of the Fund and an executive officer responsible for the encumbrance of the Fund, from among executive officers of the entrusted institution or organization; and shall also appoint an employee in charge of the expenditure of the Fund and an employee in charge of the disbursement and receipt of the Fund, from among employees of the entrusted institution or organization. In such cases, the executive officer responsible for the revenue of the Fund shall perform the duties of the officer in charge of collecting revenue of the Fund; the executive officer responsible for the encumbrance of the Fund the duties of the Fund’s treasurer; the employee in charge of the expenditure of the Fund the duties of the officer in charge of the expenditure of the Fund; and the employee in charge of the disbursement and receipt of the Fund the duties of the public official in charge of the disbursement and receipt of the Fund respectively.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
 Article 44-5 (Fiscal Year, etc. of Fund)
(1) The fiscal year of the Fund shall correspond to the Government's fiscal year.
(2) In order to ensure clarity in the management and operation of the Fund, the Technology Advancement Institute shall treat the accounts of the Fund separate from other accounting.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
 Article 44-6 (Regulations on Management and Operation of Fund)
Except as otherwise expressly provided for by this Decree, the requirements for the disbursement of the Fund, the procedure for disbursement, and matters necessary for follow-up management, etc. shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
[This Article Newly Inserted by Presidential Decree No. 25921, Dec. 30, 2014]
CHAPTER VI INSTITUTIONS RELATED TO INNOVATION OF INDUSTRIAL TECHNOLOGY
 Article 45 (President of Institute)
(1) The Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory shall each have a president appointed.
(2) The Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory shall be represented by their respective presidents, and the president of each institute shall exercise general supervision over all business affairs of the institute in accordance with articles of incorporation of the institute.
(3) The president of each institute (the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory) shall be elected by the board of directors of each institute, subject to approval thereof from the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 46 (Business Year)
The business year of the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory shall each coincide with the fiscal year of the Government.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 47 (Submission of Business Plans, etc.)
(1) The Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory shall each submit a business plan and a budget bill to the Minister of Trade, Industry and Energy for approval before each business year, as prescribed by the Minister of Trade, Industry and Energy. The foregoing procedure shall also apply where any modification is intended. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy intends to approve business plans and budget bills drawn up under paragraph (1), he/she shall first consider the following matters, before other things: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Whether the business plan and budget bill submitted by the Technology Advancement Institute are appropriate for the efficient and systematic implementation of projects designed to promote innovation in industrial technology under Article 38 (1) of the Act, and for the effective development of policies on innovation in industrial technology;
2. Whether the business plan and budget bill submitted by the Evaluation Institute are appropriate for efficiently assisting the task-planning, management, evaluation, etc. of the projects for innovation in industrial technology under Article 39 (1) of the Act;
3. Whether the business plan and budget bill submitted by the Institute of Ceramic Engineering and Technology are appropriate for efficiently assisting the research, development, testing, analysis, evaluation of ceramic products, technical assistance, and assistance to the ceramic industry in policies under Article 39-2 (1) of the Act;
4. Whether the business plan and budget bill submitted by the Laboratory are appropriate for efficient assistance in the testing and evaluation of outcomes of innovation in technology under Article 41 (1) of the Act, the development of technology for such testing and evaluation, etc.
(3) The Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory, shall each submit a statement of accounts of revenue and expenditure for each business year, which has been audited by an accounting firm or a certified public accountant under the Certified Public Accountant Act, along with the following accompanying documents, to the Minister of Trade, Industry and Energy by the end of March of the following year: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. A balance sheet and the statement of profit and loss for the pertinent year;
2. A business plan for the pertinent year and a report on the implementation of the business plan;
3. A written opinion issued by the certified public accountant who conducted the audit and the Auditor's written opinion;
4. Other reference materials to verify the details of statements of accounts.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 48 (Securing, etc. Professionals)
(1) In order to secure professionals required for the projects, etc. to be executed by the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, and the Laboratory, the president of each institute (the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory) may enter into an agreement with the head of a university to request the president of the university to encourage persons enrolled in an academic degree course in a field of technology at the university to participate in a relevant project executed by the institute.
(2) The head of a university may request the president of the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory to cooperate with him/her in providing students enrolled in the university or a graduate school with on-the-job training under Article 7 of the Vocational Education and Training Promotion Act.
(3) Upon receipt of the request under paragraph (2), the president of the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory shall provide research facilities and equipment and actively cooperate in the on-the-job training to the extent such cooperation does not interrupt the execution of projects.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 49 (Promotion of Joint Projects)
If the president of the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory deems it necessary to promote exchanges of professionals and information about technology, he/she may enter into an agreement with a business, a university, or a research institute, or an organization specializing in a field of technology, to mutually dispatch professionals.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 50 (Profit-Making Business of Technology Advancement Institute, etc.)
When the president of the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory intends to engage in any profit-making business under Article 38 (5), 39 (3), 39-2 (3), or 41 (3) of the Act, he/she shall notify the Minister of Trade, Industry and Energy of the details thereof before the pertinent business year and shall submit a report on business performance and a statement of accounts to the Minister of Trade, Industry and Energy within three months after the pertinent business year. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 51 (Contributions, etc. under Agreement)
(1) When the head of a central administrative agency or the head of a local government intends to contribute to the Technology Advancement Institute, the Evaluation Institute, the Institute of Ceramic Engineering and Technology, or the Laboratory under Article 38 (6), 39 (3), 39-2 (3), or 41 (3) of the Act, he/she shall enter into an agreement with the institute, which shall stipulate terms and conditions concerning the following matters:
1. The scope, methods, and manager of the project;
2. The cost and the timing and methods of the payment thereof;
3. Reporting on and utilization of outcomes of the project;
4. Amendment and rescission of the agreement and countermeasures for breach of the agreement;
5. Other matters incidental to research and development activities.
(2) The head of a central administrative agency or the head of a local government who makes a contribution under paragraph (1) shall pay the cost incurred under the agreement in installments: Provided, That if it is deemed necessary in consideration of the scale of the project, the time to commence the project, or any other factor, the contribution may be paid in lump sum.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 52 Deleted. <by Presidential Decree No. 21461, Apr. 30, 2009>
 Article 53 (Founders of Research Institutes Specializing in Manufacturing Technology)
"The persons specified by Presidential Decree, other than small and medium-sized enterprises or middle-standing enterprises" in Article 42 (1) of the Act means the following: <Amended by Presidential Decree No. 21834, Nov. 20, 2009; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28291, Sep. 15, 2017>
1. Universities, colleges, industrial colleges, teachers' colleges, junior colleges, and technical colleges, as defined under Article 2 of the Higher Education Act;
3. Large enterprises or non-governmental organizations deemed appropriate by the Minister of Trade, Industry and Energy to execute a project for manufacturing technology of small and medium enterprises and middle-standing enterprises.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 54 (Permission to Establish Research Institutes Specializing in Manufacturing Technology)
(1) "Requirements prescribed by Presidential Decree" in Article 42 (2) 3 of the Act mean that a research institute shall be financially capable of self-support.
(2) The incorporators under Article 42 (2) 1 of the Act shall file an application for the permission for incorporation with the Minister of Trade, Industry and Energy, along with its articles of incorporation, a business plan, and a list of the names and addresses of executive officers and other necessary matters, promptly after the close of the inaugural general meeting. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 55 (Business Activities of Research Institutes Specializing in Manufacturing Technology)
"Business activities specified by Presidential Decree for innovation in industrial technology" in Article 42 (3) 6 of the Act mean the following business activities: <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
1. Business activities for assistance in the standardization of manufacturing technology;
2. Business activities for assistance in the development of designs, brands, products, and manufacturing processes of small and medium enterprises and middle-standing enterprises;
3. Business activities for promoting the use of research equipment and facilities and equipment for testing and evaluation and referral services for the use thereof;
4. Business activities for the resolution of difficulties that small and medium enterprises and middle-standing enterprises face in technology.
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 56 (Institutions Committed to Ethical Management)
(1) "The institutions specified by Presidential Decree" in Article 43 (1) of the Act mean the main institutions and main research institutes granted contributions or subsidies by the Ministry of Trade, Industry and Energy (hereinafter referred to as "institutions committed to ethical management"). <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013>
(2) Pursuant to Article 43 (2) of the Act, the Minister of Trade, Industry and Energy may request an institution committed to ethical management to submit its code of ethics and documents concerning its plan for ethical management and actual status of ethical management. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 57 (Delegation, Entrustment, etc. of Authority)
(1) Pursuant to Article 44 (1) of the Act, the Minister of Trade, Industry and Energy shall delegate his/her authority over the following affairs to the Administrator of the Korean Agency for Technology and Standards: <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 23836, Jun. 5, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 28291, Sep. 15, 2017>
1. through 3. Deleted; <by Presidential Decree No. 28291, Sep. 15, 2017>
4. Approval for exemption from compulsory purchase under the proviso to Article 17 (2) of the Act;
5. Appointment of managers in charge of public purchase under Article 17-2 (1) of the Act;
6. Receipt of data necessary to review appropriateness of the purchase of certified new products under Article 17-2 (2) of the Act;
7. Recommendations for public institutions to take measures for improvement under Article 17-2 (3) of the Act;
8. Receipt of notices of the results of measures taken under Article 17-2 (4) of the Act;
9. Assistance necessary to promote purchase under Article 17-2 (5) of the Act;
10. Authority over certification and assistance under Article 17 (1) 3 and 4;
11. Deleted; <by Presidential Decree No. 28291, Sep. 15, 2017>
12. Notification of lists of certified new products and of guidelines for the formulation of plans for the purchase of certified new products, under Article 25 (1);
13. Notification of the list of additional certified new products under Article 25 (2);
14. Receipt of requests for assistance in the purchase of certified new products under Article 25 (3);
15. Requests to public institutions to purchase certified new products under Article 25 (4);
16. Receipt of notices as to whether to purchase under Article 25 (5);
17. Notification of purchase reports and purchase plans under Article 28 (1);
18. Requests to take measures necessary to promote the purchase of certified new products under Article 28 (2);
19. Control and supervision of administrative affairs entrusted under paragraph (5);
20. Designation of assessment institutions under paragraph (6);
21. Designation of the comprehensive support institution under paragraph (7);
22. Subsidization of expenses under paragraph (10).
(2) Pursuant to Article 44 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust the Technology Advancement Institute or the Evaluation Institute with administrative affairs related to the forecasting of industrial technological environment under Article 8 of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) Pursuant to Article 44 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust the Technology Advancement Institute or the Evaluation Institute with administrative affairs related to the compilation of statistics concerning innovations of industrial technology under Article 10 of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Pursuant to Article 44 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust any of the following institutions and organizations with administrative affairs related to the restriction on participation in national research and development projects under Article 11-2 of the Act and administrative affairs related to the full or partial recovery of contributions or subsidies provided to cover project costs. <Amended by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26889, Jan. 12, 2016>
1. The Evaluation Institute;
2. The Korea Institute of Energy Technology Evaluation and Planning established pursuant to Article 13 of the Energy Act;
3. The institutions and organizations specified in Article 14.
(5) Pursuant to Article 44 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust the following administrative affairs to the corporations or organizations designated as assessment agencies under paragraph (6): <Newly Inserted by Presidential Decree No. 23313, Nov. 23, 2011; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017; Presidential Decree No. 28291, Sep. 15, 2017>
1. Receipt of applications for certification of a new excellent technology and receipt of applications for extension of the effective period of certification or the verification of a product made with a new excellent technology, under Article 15-2 (4) of the Act;
1-2. Receipt of applications for certifying new excellent products and applications for extending the effective period of certification under Article 16 (3) of the Act;
2. Receipt of petitions to object to the certification of a new excellent technology, the extension of the effective period of certification of such technology, or the verification of a product made with a new excellent technology, the certification of a new excellent project or the extension of the effective period of certification of such product, under Article 16-2 of the Act;
2-2. Follow-up management of a certified new technology or a certified new product under Article 16-4 of the Act;
3. Examinations for certification of a new excellent technology under Article 18 (2);
3-2. Prior notice of the effective period of certification of a new excellent technology under Article 18-3 (6);
3-3. Examination for certifying a new excellent product under Article 18-5 (1);
3-4. Prior notice of the effective period of certification of a new excellent product under Article 20 (5);
4. Receipt of applications for reissuing a certificate of a new excellent technology, a new product or a product made with a new excellent technology under Article 20-2.
(6) The Minister of Trade, Industry and Energy may designate a corporation or organization capable of performing entrusted administrative affairs regarding new technologies or new products under paragraph (5) as an assessment agency, among the following corporations and organizations: <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
1. A quasi-government agency or other public institutions under Article 5 of the Act on the Management of Public Institutions;
3. A nonprofit corporation or organization that the Minister of Trade, Industry and Energy recognizes as competent for performing administrative affairs for certifying new excellent technologies or new excellent products, in the light of its expertise and independence.
(7) In order to efficiently implement the system for certifying new excellent technologies and new excellent products, the Minister of Trade, Industry and Energy may designate any of the following corporations and organizations as a comprehensive support institution that shall perform supportive activities necessary for follow-up management of certified new technologies or certified new products and for control, supervision, etc. of administrative affairs entrusted to the comprehensive support institution: <Newly Inserted by Presidential Decree No. 28291, Sep. 15, 2017>
1. The Technology Advancement Institute;
2. The Evaluation Institute;
3. A public institution recognized by the Minister of Trade, Industry and Energy as competent for performing all administrative affairs for certifying new excellent technologies or new excellent products, among public institutions under Article 4 of the Act on the Management of Public Institutions.
(8) When the Minister of Trade, Industry and Energy intends to entrust a person with administrative affairs pursuant to paragraphs (2) through (5), he/she shall give public notice of the trustee, entrusted administrative affairs, etc. <Newly Inserted by Presidential Decree No. 26889, Jan. 12, 2016; Presidential Decree No. 28291, Sep. 15, 2017>
(9) Matters necessary for designating and operating assessment agencies or comprehensive support institutions under paragraph (6) or (7) shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Newly Inserted by Presidential Decree No. 28291, Sep. 15, 2017>
(10) The Minister of Trade, Industry and Energy may fully or partially bear all or some of the expenses incurred by assessment agencies and comprehensive support institutions in performing administrative affairs under paragraph (5) or (7). <Newly Inserted by Presidential Decree No. 28291, Sep. 15, 2017>
[This Article Wholly Amended by Presidential Decree No. 21461, Apr. 30, 2009]
 Article 58 (Handling of Unique Identification Information)
The Minister of Trade, Industry and Energy (including dedicated agencies that perform administrative affairs assigned to the Minister of Trade, Industry and Energy on his/her behalf under Article 11 (4) of the Act and persons to whom the authority of the Minister of Trade, Industry and Energy is delegated or entrusted under Article 57 of this Decree), if deemed unavoidable to perform any of the following administrative affairs, may handle data containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 26889, Jan. 12, 2016>
1. Administrative affairs related to the evaluation of projects for innovation in industrial technology as prescribed in Article 9 of the Act;
2. Administrative affairs related to the execution and amendment of agreements as prescribed in Article 11 of the Act;
3. Administrative affairs related to the payment and settlement of project costs as prescribed in Article 11 of the Act;
4. Administrative affairs related to the restrictions on participation in national research and development projects and the recovery of project costs as prescribed in Article 11-2 of the Act;
5. Administrative affairs related to the imposition and collection of additional monetary sanctions as prescribed in Article 11-3 of the Act;
6. Administrative affairs related to the collection and management of license fees as prescribed in Article 12 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 59 (Re-Examination of Regulation)
(1) Deleted. <by Presidential Decree No. 28471, Dec. 12, 2017>
(2) The Minister of Trade, Industry and Energy shall examine the reasonableness of the guidelines for the imposition of additional monetary sanction under Article 14-4 and attached Table 3 every three years, counting from January 1, 2017 (referring to the period that ends on the day before July 31 of the every second year) and shall take measures, such as making improvements. <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28291, Sep. 15, 2017>
[This Article Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014]
 Article 60 (Guidelines for Imposition of Administrative Fines)
The guidelines for the imposition of administrative fines under Article 49 (1) of the Act shall be as provided for in attached Table 4. <Amended by Presidential Decree No. 28291, Sep. 15, 2017>
[This Article Newly Inserted by Presidential Decree No. 25540, Aug. 6, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Article 2 (Transitional Measure concerning Certification of New Excellent Products)
The certification of technology and quality under Article 28 of the former Enforcement Decree of the Industrial Development Act (limited to the certification of a product and the certification of excellent quality, among the certification of new excellent technologies), effective as at the time this Decree enters into force, shall be deemed certification of new excellent products under the amended provisions of Article 18.
Article 3 (Transitional Measure concerning Korea Institute of Ceramic Engineering and Technology)
The Korea Institute of Ceramic Engineering and Technology, established pursuant to Article 26 (1) 2 of the former Enforcement Decree of the Industrial Technology Infrastructure Development Act under Article 14-4 (5) of the aforesaid Act, before this Decree enters into force, shall be deemed the Korea Institute of Ceramic Engineering and Technology established pursuant to the amended provisions of Article 44 (1).
Article 4 (Transitional Measure concerning President of Testing Laboratory)
The president of the Industrial Technology Testing Laboratory who was appointed and approved under Article 28 (3) of the former Enforcement Decree of the Industrial Technology Infrastructure Development Act before this Decree enters into force shall be deemed appointed and approved under the amended provisions of Article 45 (3) until the end of his/her term of office under former provisions.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
Any citation of the former Enforcement Decree of the Industrial Technology Infrastructure Development Act or of any provision thereof by any other statute in force as at the time this Decree enters into force, shall be deemed a citation of this Decree or of the relevant provision of this Decree in lieu of the former Decree or provision, if such relevant provision exists in this Decree.
ADDENDA <Presidential Decree No. 20137, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree 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 Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21461, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21634, Jul. 22, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 23, 2009. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21834, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23267, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23313, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011.
Article 2 (Repeal of Other Statutes)
The Enforcement Decree of the Technology Development Promotion Act is hereby repealed.
Article 3 (Applicability concerning Agrements on Projects for Development of Industrial Technology)
The amended provisions of Article 12 (1) 3-2 shall apply beginning with the first agreement entered into after this Decree enters into force.
Article 4 (Applicability concerning Effective Period of Certification of New Product)
The amended provisions of Article 20 (1) shall also apply to new excellent products certified under the former provisions and new excellent products with an extended effective period of certification.
Article 5 (Applicability concerning Re-issuance of Certificates and Written Verification)
The amended provisions of Article 20-2 shall apply beginning with the first certificate and written verification re-issued for which an application is filed after this Decree enters into force.
Article 6 (Transitional Measures concerning Certification of New Excellent Products, etc.)
(1) Notwithstanding the amended provisions of Article 18, Article 18-3 (3) through (7), Article 18-5, and Article 20 (2) through (5), the former provisions shall apply where the procedure for the certification of a new technology or a new product or the extension of the effective period of certification is pending under the former Technology Development Promotion Act or the former Industrial Technology Innovation Promotion Act, as at the time this Decree enters into force.
(2) Notwithstanding the amended provisions of Article 18-4, former practices shall apply where the procedure for the verification of a product made with a new excellent technology is pending according to the former practices at the time this Decree enters into force.
Article 7 (Transitional Measure concerning Procedure and Methods for Revocation of Certification of New Technologies, etc.)
Notwithstanding the amended provisions of Article 20-4, the former provisions shall apply to the cases where the proceeding for the revocation of certification of a new technology or a new product is pending under the former Technology Development Promotion Act or the former Industrial Technology Innovation Promotion Act at the time this Decree enters into force.
Article 8 (Transitional Measure concerning Requests for Financial Assistance to Manufacturers of Products Made with New Technology)
Requests made for assistance under the former Enforcement Decree of the Technology Development Promotion Act before this Decree enters into force shall be deemed requests made for assistance under the amended provisions of Article 21.
Article 9 Omitted.
Article 10 (Relationship to Other Statutes)
A citation of the former Enforcement Decree of the Technology Development Promotion Act by any other statute in force as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the former provision, if such relevant provision exists in this Decree.
ADDENDA <Presidential Decree No. 23836, Jun. 5, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012. (Proviso Omitted.)
Article 2 (Applicability to Ownership of Outcomes of Innovation of Technology)
The amended provisions of Article 16 (1) and (2) shall apply where an agrement is executed for a project for the development of industrial technology after this Decree enters into force.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 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.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25540, Aug. 6, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability of Guidelines for Imposition of Additional Monetary Sanction)
The amended provisions of Article 14-4 (1) and attached Table 1 shall also apply where an additional monetary sanction is imposed, after this Decree enters into force under Article 11-3 (1) of the Act and Article 2 of the Addenda to the partial amendment (Act No. 12607) to the Industrial Technology Innovation Promotion Act, upon a person who commits an offense under Article 11-2 (1) 5 of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25921, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26248, May 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 28, 2015.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 26889, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction, etc. on Participation in National Research and Development Projects)
Amended provisions of Article 14-3 (1) 1 and 5 through 7, Article 14-3 (3) 6-2, 6-3, and 7 through 9, and Article 14-3 (4) and (5) shall apply to the acts committed after this Decree enters into force while performing a project for innovation in industrial technology under an agreement made before this Decree enters into force.
Article 3 (Transitional Measure concerning Additional Monetary Sanction)
Notwithstanding amended provisions of attached Table 1, former provisions shall apply to the imposition of an additional monetary sanction for acts committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28291, Sep. 15, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2017.
Article 2 (Applicability to Restriction, etc. on Participation in National Research and Development Projects)
The amended provisions of Article 14-3 and attached Tables 1 and 2 shall apply to projects for the development of industrial technology for which an agreement is entered into after this Decree enters into force.
Article 3 (Transitional Measure concerning Period for Submitting Opinions on Public Announcement of Intended Certification of New Excellent Technology)
Notwithstanding the amended provisions of Article 18 (4), former provisions shall apply to the period for submitting interested persons' opinions on the public announcement of intended certification of a new excellent technology under examination at the time this Decree enters into force.
Article 4 (Transitional Measure concerning Effective Period of Certification of New Excellent Products)
Notwithstanding the amended provisions of Article 20 (1), former provisions shall apply to the extension of the effective period of certification of any product for which an application filed pursuant to the former proviso to Article 20 (1) for the second additional extension of the effective period of certification of a new excellent product is pending at the time this Decree enters into force.
Article 5 (Transitional Measure concerning Delegation or Entrustment of Authority)
Notwithstanding the amended provisions of Article 57 (1) and (5), former provisions shall apply to the delegation or entrustment of authority, until an assessment agency is designated pursuant to the amended provisions of Article 57 (6) after this Decree enters into force.
Article 6 (Transitional Measure concerning Calculation of Accumulated Number of Periods of Restriction on Participation)
The restrictions imposed on participation in national research and development projects for which an agreement was entered into before this Decree enters into force shall not be included in the calculation of the accumulated number of restrictions on participation under the amended provisions of attached Table 1.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.