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ACT ON THE ACQUISITION, MANAGEMENT, AND UTILIZATION OF BIOLOGICAL RESEARCH RESOURCES

Act No. 9639, May 8, 2009

Amended by Act No. 9932, Jan. 18, 2010

Act No. 10445, Mar. 9, 2011

Act No. 12844, Nov. 19, 2014

Act No. 14079, Mar. 22, 2016

Act No. 14839, Jul. 26, 2017

Act No. 15344, Jan. 16, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of the quality of life of citizens and the development of the national economy by promoting sustainable utilization of biological research resources and building infrastructure for the development of biotechnology through the efficient acquisition and systematic management of biological research resources.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 10445, Mar. 9, 2011; Act No. 14079, Mar. 22, 2016>
1. The term "biological research resources" means raw materials which form the basis of biotechnology research, consisting of living organisms for industrial uses, such as animals, plants, microorganisms, and human-derived research materials, and the related information;
2. The term "national research and development projects" means national research and development projects under Article 11 of the Framework Act on Science and Technology;
3. The term "research institutes" means the following research institutes:
(a) National and public research institutes;
(b) Research institutes governed by the Specific Research Institutes Support Act;
(e) Industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act.
 Article 3 (Duties of the State, etc.)
(1) The State and local governments shall strive to acquire, manage and utilize biological research resources in an efficient manner.
(2) The following institutions, etc. shall fully cooperate with the State and local governments in performing their duties concerning the acquisition, management and utilization of biological research resources:
1. Schools under Article 2 of the Higher Education Act which conduct national research and development projects;
2. Research institutes conducting national research and development projects;
3. Other persons who manage and use biological research resources.
 Article 4 (Relationship with other Acts)
Except as otherwise provided in other Acts, the acquisition, management and utilization of biological research resources shall be governed by this Act.
CHAPTER II MANAGEMENT, ETC. OF BIOLOGICAL RESEARCH RESOURCES
 Article 5 (Basic Principles for Managing Biological Research Resources)
(1) The heads of related central administrative agencies shall manage biological research resources under their jurisdiction and biological research resources produced as a result of national research and development projects.
(2) The Minister of Science and ICT shall take the overall management of information on biological research resources managed by the related central administrative agencies pursuant to paragraph (1). <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 6 (Establishment of Basic Policies)
In order to ensure the efficient attainment of the purpose of this Act, the Government shall establish the following policies that will facilitate the acquisition, management and utilization of biological research resources: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11684, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The Minister of Education: Policies consulted with the Minister of Science and ICT to foster experts in the field of biological research resources and provide assistance to basic research;
2. The Minister of Science and ICT: Policies to establish an integrated information system of biological research resources, maintain statistics, build up a system for the acquisition, management and utilization of biological research resources under his/her jurisdiction, and provide assistance to the development of information and communications technology for the management and utilization of biological research resources;
3. The Minister of Agriculture, Food and Rural Affairs: Policies to create a system for the acquisition, management and utilization of biological research resources related to agriculture and provide assistance thereto;
4. The Minister of Trade, Industry and Energy: Policies to create a system for the acquisition, management and utilization of biological research resources related to industry and provide assistance to the industrial utilization thereof;
5. The Minister for Health and Welfare: Policies to create a system for the acquisition, management and utilization of biological research resources related to health and medical service and provide assistance thereto;
6. The Minister of Environment: Policies to create a system for the acquisition, management and utilization of biological research resources related to wildlife populations and provide assistance thereto;
7. The Minister of Oceans and Fisheries: Policies to create a system for the acquisition, management and utilization of biological research resources related to oceans and fisheries and provide assistance thereto.
 Article 7 (Establishment, Implementation, etc. of Master Plans for Management of Biological Research Resources)
(1) In order to promote the utilization of biological research resources and to manage information thereon, the Government shall establish and implement a master plan for the management of biological research resources (hereinafter referred to as "master plan") on a five-year basis.
(2) A master plan shall include the following:
1. Basic directions for the acquisition, management and utilization of biological research resources;
2. Investigation, research, development, and acquisition of biological research resources;
3. Preservation, management and utilization of biological research resources;
4. Building infrastructure related to biological research resources;
5. Building a system to distribute information on biological research resources;
6. Expansion of investment for the acquisition, management and utilization of biological research resources;
7. Fostering of experts in biological research resources;
8. Other matters necessary to foster and manage the fields related to biological research resources.
(3) With regard to matters referred to in the subparagraphs of paragraph (2), the head of each related central administrative agency shall establish a plan specific to the field under his/her jurisdiction and notify the Minister of Science and ICT thereof. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Minister of Science and ICT shall prepare a draft master plan by compiling plans of the related central administrative agencies which have been notified as prescribed in paragraph (3), and confirm such plan following deliberation by the Presidential Advisory Council on Science and Technology under Article 9 (1) of the Presidential Advisory Council on Science and Technology Act. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018>
(5) The head of each related central administrative agency shall establish and implement an annual implementation plan in accordance with the master plan.
(6) Matters necessary for the establishment and implementation of master plans and implementation plans shall be prescribed by Presidential Decree.
 Article 8 (Designation, etc. of Biological Resource Center)
(1) The head of any related central administrative agency may designate a biological resource center, in which biological research resources can be deposited, registered and preserved.
(2) Biological resource centers designated under paragraph (1) (hereinafter referred to as "biological resource center") shall perform the following duties:
1. Collecting, registering and evaluating biological research resources;
2. Preserving and managing biological research resources;
3. Building and operating an information system for biological research resources;
4. Providing connection among information systems under their jurisdiction, information systems under Article 10 (2) 2 and integrated information systems under Article 11 (2) 1;
5. Cooperating with institutions relating to biological research resources in Korea and abroad;
6. Other matters necessary for the management, utilization, etc. of biological research resources.
(3) Biological resource centers may preserve and manage biological research resources in multiple facilities for the purpose of stable preservation of biological research resources.
(4) The Government may subsidize all or part of the expenses to be incurred in operating biological resource centers.
(5) Matters necessary for the designating standards, operation, etc. of biological resource centers shall be prescribed by Presidential Decree.
 Article 9 (Deposit, Registration, etc.)
(1) Any person who manages and uses biological research resources may deposit and register biological research resources with biological resource centers.
(2) Any person who has conducted national research and development projects shall deposit and register biological research resources produced as a result of the project conducted with biological resource centers: Provided, That this shall not apply where the head of a related central administrative agency acknowledges such grounds as prescribed by Presidential Decree.
(3) The Government may reflect the state of deposit and registration of biological research resources under paragraph (2) in the evaluation, etc. of the relevant project.
(4) Matters necessary for the methods, etc. of deposit and registration of biological research resources shall be prescribed by Presidential Decree.
 Article 10 (Designation, etc. of Competent Authority and Information Center of Biological Research Resources)
(1) The head of any related central administrative agency may designate any of the biological resource centers performing the following duties as a competent authority:
1. Management of biological resource centers;
2. Exchange of information between biological resource centers.
(2) Where necessary to promote the management and distribution of biological research resources under his/her jurisdiction, the head of any related central administrative agency may designate an information center of biological research resources performing the following duties:
1. Gathering information relating to biological research resources under his/her jurisdiction;
2. Building and operating an information system on biological research resources under his/her jurisdiction;
3. Other matters necessary for the management and distribution of the biological research resources under his/her jurisdiction.
(3) The head of each central administrative agency shall promote the distribution of information between information centers of biological research resources designated under paragraph (2) (hereinafter referred to as "information center of biological research resources") and the National Information Center of Biological Research Resources under Article 11 (1).
(4) The Government may subsidize all or part of the operating expenses to be incurred in operating competent authorities designated under paragraph (1) (hereinafter referred to as "competent authorities") and information centers of biological research resources.
(5) Matters necessary for the designating standards, operation, etc. of competent authorities and information centers of biological research resources shall be prescribed by Presidential Decree.
 Article 11 (Designation, etc. of the National Information Center of Biological Research Resources)
(1) The Minister of Science and ICT may designate the National Information Center of Biological Research Resources for the integrated management and distribution of biological research resources managed by related central administrative agencies. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The National Information Center of Biological Research Resources designated under paragraph (1) (hereinafter referred to as the "National Information Center of Biological Research Resources") shall perform the following duties:
1. Construction and operation of an integrated information system on biological research resources;
2. Analysis and supply of information relating to biological research resources;
3. Design, development, construction and management of an automation system concerning biological research resources;
4. Assistance for and training of research institutes related to biological research resources and biological resource centers for information management;
5. Cooperation with information management institutions of biological research resources in Korea and abroad;
6. Other matters necessary for the integrated management and distribution of biological research resources.
(3) The Minister of Science and ICT may request cooperation from the heads of related central administrative agencies and the heads of local governments for matters including the provision of data necessary for the management of biological research resources, such as information of biological research resources and the present situation thereof. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) The Government may subsidize all or part of the expenses incurred in operating the National Information Center of Biological Research Resources.
(5) Matters necessary for the designating standards, operation, etc. of the National Information Center of Biological Research Resources shall be prescribed by Presidential Decree.
 Article 12 (Cancellation of Designation, etc.)
(1) Where any person designated as a biological resource center, competent authority or information center of biological research resources falls under any of the following cases, the head of any related central administrative agency may cancel such designation or order suspension of its project for a prescribed period of up to six months: Provided, That where the person falls under subparagraph 1, the head of the related central administrative agency shall cancel such designation:
1. Where the person has been designated by fraud or other improper means;
2. Where the person has ceased to meet the standards for designation under Article 8 (5) or 10 (5).
(2) Where any person designated as the National Information Center of Biological Research Resources falls under any of the following cases, the Minister of Science and ICT may cancel such designation or order suspension of its project for a prescribed period of up to six months: Provided, That where the person falls under subparagraph 1, the Minister shall cancel such designation: <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
1. Where the person has been designated by fraud or other improper means;
2. Where the person has ceased to meet the standards for designation under Article 11 (5).
(3) Matters necessary for the standards, procedures, etc. for disposition under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
CHAPTER III PROMOTION OF FIELDS RELATED TO BIOLOGICAL RESEARCH RESOURCES
 Article 13 (Fostering and Supporting Relevant Institutions)
The Government shall foster and support institutions, organizations, or other entities performing such duties as research, deposit, registration or preservation of biological research resources in order to promote the acquisition, management and utilization of biological research resources.
 Article 14 (Investment Resources)
The Government shall strive to ensure the continuous and stable funding for promoting policies for the acquisition, management and utilization of biological research resources.
 Article 15 (Fostering Experts)
The Government shall establish the following policies in order to systematically foster experts necessary for the effective acquisition, management and utilization of biological research resources:
1. Mid- and long-term policies to foster experts in the fields related to biological research resources;
2. Policies to provide assistance in the development and dissemination of education programs for experts.
 Article 16 (Assistance in Joint Research, etc.)
(1) The Government shall assist in the joint research conducted by industry, academia and research institutes and related academic activities for the efficient acquisition, management and utilization of biological research resources.
(2) The Government shall strive to promote efficient international cooperation with foreign countries, international organizations, etc. for technical cooperation, exchange of information, joint investigation, research, and other matters with regard to the acquisition, management and utilization of biological research resources.
 Article 17 (Utilization of Biological Research Resources)
(1) The Government shall establish necessary policies as may be required for ensuring wider utilization of biological research resources by the public for research and development and industrialization with regard to biological research resources.
(2) The Government shall carry out policies on publicity, education, etc. so that industry, academia and research institutes may effectively utilize necessary biological research resources.
 Article 18 (Distribution of Information on Biological Research Resources)
(1) The head of each related central administrative agency shall establish policies necessary for gathering and securing information on biological research resources in the field under his/her jurisdiction in a digital format.
(2) The Government shall carry out standardization of collection, preservation and transmission of information relating to biological research resources in order to promote the efficient management and distribution of biological research resources.
 Article 19 (Issuance, etc. of Statistical Publications)
(1) The Minister of Science and ICT shall issue and distribute statistical publications every year after consultation with the heads of related central administrative agencies and the Commissioner of the Statistics Korea to grasp the present state of biological research resources, such as the kinds of, and institutions in possession of, biological research resources. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT may request the heads of the related central administrative agencies to submit necessary materials in order to issue the statistical publications under paragraph (1). <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 20 (Hearings)
When he/she intends to cancel the designation of biological resource centers, competent authorities, information centers of biological research resources or the National Information Center of Biological Research Resources pursuant to Article 12 (1) or (2), the head of any related central administrative agency or the Minister of Science and ICT shall hold a hearing. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 21 (Delegation and Entrustment)
(1) Authority held by the head of any related central administrative agency and the Minister of Science and ICT under this Act may be partially delegated to the Special Self-Governing City Mayor, any Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to an autonomous Gu), or the head of its affiliated agency, as prescribed by Presidential Decree. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Duties assumed by the head of any related central administrative agency and the Minister of Science and ICT under this Act may be partially entrusted to related corporations or organizations, as prescribed by Presidential Decree. <Amended by Act No. 11684, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11684, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on their respective enforcement dates.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions promulgated before this Act enters into force, but the enforcement date of which has not arrived yet, among the Acts amended by Article 5 of the Addenda, shall enter into force on the date the respective Act enters into force.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.