ACT ON THE PROMOTION OF SCIENCE AND TECHNOLOGY FOR LAND, INFRASTRUCTURE AND TRANSPORTATION
Act No. 13680, Dec. 29, 2015
Amended by Act No. 14079, Mar. 22, 2016
Act No. 14545, Jan. 17, 2017
The purpose of this Act is to contribute to enhancing sustainable development of national economy and quality of life for nationals by reinforcing competitiveness of industries with facilitation of foundation so as to promote science and technology for land, infrastructure and transportation.
The term “science and technology for land, infrastructure and transportation” used in this Act shall be defined as follows, which is science and technology concerning development of industries in the field of land, infrastructure and transportation necessary for creating a growth engine for future and improving the quality of life for nationals: <Amended by Act No. 14545, Jan. 17, 2017>
| 5. | Other technologies prescribed by Presidential Decree, such as technologies concerning the field of land, infrastructure and transportation. |
| Article 3 (Relationship with other Acts) |
This Act shall apply, with respect to promotion of science and technology for land, infrastructure and transportation and projects for research and development in the field of land, infrastructure and transportation, except as otherwise provided for in other Acts and subordinate statues, such as the Framework Act on Science and Technology.
| Article 4 (Formulation and Implementation of Comprehensive Plans) |
| (1) | The Minister of Land, Infrastructure and Transportation shall formulate and implement a ten-year comprehensive plan for research and development of land, infrastructure and transportation (hereinafter referred to as “comprehensive plan”) every five years to effectively and systematically promote science and technology for land, infrastructure and transportation. |
| (2) | Where the Minister of Land, Infrastructure and Transportation intends to formulate a comprehensive plan, he/she shall undergo deliberation of the Science and Technology for Land, Infrastructure and Transportation Commission prescribed in Article 6 (1) and the National Science and Technology Council prescribed in Article 9 (1) of the Framework Act on Science and Technology, in consultation with the head of the relevant central administrative agency. |
| (3) | A comprehensive plan shall include the following: |
| 1. | Basic goal and promotion direction to nurture science and technology for land, infrastructure and transportation; |
| 2. | Analysis of domestic and foreign environments of science and technology for land, infrastructure and transportation; |
| 3. | Development strategy for main technologies of science and technology for land, infrastructure and transportation; |
| 4. | Plans for medium and long-term investments and securing funds to promote science and technology for land, infrastructure and transportation; |
| 5. | Promotion of converged research and development of science and technology for land, infrastructure and transportation; |
| 6. | Plans for dissemination and utilization of science and technology for land, infrastructure and transportation, such as commercialization of science and technology for land, infrastructure and transportation developed under projects for research and development of science and technology for land, infrastructure and transportation; |
| 7. | Plans concerning promotion of activities in private sectors to promote science and technology for land, infrastructure and transportation; |
| 8. | Plans for training of specialized research staffs in the field of science and technology for land, infrastructure and transportation; |
| 9. | International cooperation in the field of science and technology for land, infrastructure and transportation; |
| 10. | Others matters which the Minister of Land, Infrastructure and Transportation deems necessary to promote science and technology for land, infrastructure and transportation. |
| (4) | When a comprehensive plan is formulated, methods for promotion of collaborative research between academia, researches and industries shall be prepared. |
| (5) | Other matters necessary for formulation and implementation of a comprehensive plan shall be prescribed by Presidential Decree. |
| Article 5 (Formulation and Execution of Implementation Plans) |
| (1) | The Minister of Land, Infrastructure and Transportation shall formulate and execute an implementation plan (hereinafter referred to as “implementation plan”) for promotion of comprehensive plans every year. |
| (2) | Where the Minister of Land, Infrastructure and Transportation intends to formulate or change an implementation plan, he/she shall undergo deliberation by the Science and Technology for Land, Infrastructure and Transportation Commission prescribed in Article 6 (1): Provided, That where he/she intends to change insignificant matters prescribed by Presidential Decree, this shall not apply. |
| (3) | Other matters necessary for formulation, revision and execution of an implementation plan shall be prescribed by Presidential Decree. |
| Article 6 (Science and Technology for Land, Infrastructure and Transportation Commission) |
| (1) | The Science and Technology for Land, Infrastructure and Transportation Commission shall be established under the jurisdiction of the Minister of Land, Infrastructure and Transportation (hereinafter referred to as “Commission”) for deliberation and coordination of the following matters related to development and promotion of science and technology for land, infrastructure and transportation: |
| 1. | Matters concerning comprehensive plans and implementation plans; |
| 2. | Matters concerning the direction of budget allocations for science and technology for land, infrastructure and transportation; |
| 3. | Matters concerning management of outcomes of projects for research and development of science and technology for land, infrastructure and transportation; |
| 4. | Matters concerning promotion of new subjects of projects for research and development on science and technology for land, infrastructure and transportation; |
| 5. | Other matters deemed necessary by the chairperson to be submitted to a conference. |
| (2) | Matters necessary for establishment and operation of the Commission shall be prescribed by Presidential Decree. |
| Article 7 (Survey of Technological Needs) |
| (1) | The Minister of Land, Infrastructure and Transportation shall survey technological needs regularly through investigation of domestic and foreign technological trends, etc., and incorporate and take into consideration the outcomes thereof in discovering subjects of research and development. |
| (2) | Matters necessary for survey of technological needs prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transportation. |
| Article 8 (Promotion of Projects for Research and Development) |
| (1) | The Minister of Land, Infrastructure and Transportation may conduct projects for research and development of science and technology for land, infrastructure and transportation (hereinafter referred to as “project for research and development”) to promote comprehensive plans effectively. |
| (2) | Where the Minister of Land, Infrastructure and Transportation conducts projects for research and development, he/she may select a subject for research by year and category, and conclude an agreement with the following institutes or organizations, etc. to research such subject. In such cases, with respect to an institute which is not a corporation among institutes falling under subparagraph 5, he/she may conclude an agreement with a representative of the corporation to which the institute belongs: <Amended by Act No. 14079, Mar. 22, 2016> |
| 1. | National or public research institutes; |
| 6. | Institutes which perform research related to land, infrastructure and transportation as corporations established under the Civil Act or other Acts and subordinate statutes; |
| 7. | Other research institutes or organizations in the field of land, infrastructure and transportation, which are prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transportation may subsidize contributions to institutes or organizations, etc. which perform research prescribed in paragraph (2) to promote projects for research and development. |
| (4) | Methods of selecting subjects for research and methods of concluding an agreement prescribed in paragraph (2), and matters necessary for payment, use and management of contributions prescribed in paragraph (3) shall be prescribed by Presidential Decree. |
| Article 9 (Promotion of Converged Research and Development) |
The Minister of Land, Infrastructure and Transportation may promote converged research and development of science and technology for land, infrastructure and transportation to develop new technologies and new products, etc. and improve abilities of industrialization in a new field by combining technologies and management, etc. which are different in specialized sectors.
| Article 10 (Dissemination of Science and Technology for Land, Infrastructure and Transportation and Promotion of Utilization) |
| (1) | The Minister of Land, Infrastructure and Transportation may formulate and implement projects and policies related to the following matters to disseminate science and technology for land, infrastructure and transportation developed under projects for research and development (hereinafter referred to as “research and development outcomes”) and promote the utilization thereof: |
| 1. | Commercialization of research and development outcomes; |
| 2. | Management and distribution of information concerning dissemination of research and development outcomes and promotion of utilization thereof; |
| 3. | Cooperation in exchanges concerning human resources, technologies and infrastructure among industries, academia, researches, and institutes and organizations related to science and technology; |
| 4. | Other matters necessary for dissemination of science and technology for land, infrastructure and transportation and promotion of utilization thereof. |
| (2) | Matters necessary for formulation and implementation of projects and policies prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transportation. |
| Article 11 (Implementation of Pilot Projects) |
| (1) | The Minister of Land, Infrastructure and Transportation may implement pilot projects, if he/she deems it necessary to promote use and dissemination of research and development outcomes. |
| (2) | The Minister of Land, Infrastructure and Transportation may provide financial, administrative or technological support to persons who participate in pilot projects prescribed in paragraph (1). |
| Article 12 (Training of Specialized Research Staffs) |
| (1) | The Minister of Land, Infrastructure and Transportation may formulate and implement policies to promote specialized research staffs in the field of science and technology for land, infrastructure and transportation. |
| (2) | Matters necessary for formulation and implementation of policies for training of specialized research staffs prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transportation. |
| Article 13 (Expansion of Research Foundation) |
The Minister of Land, Infrastructure and Transportation may support securement, management and joint use, etc. of research facilities and equipment of research institutes for expansion of research foundation of industries in the field of land, infrastructure and transportation, and devise other necessary policies therefor.
| Article 14 (International Cooperation, etc.) |
| (1) | The Minister of Land, Infrastructure and Transportation shall apprehend the relevant international trends necessary for promotion of dissemination and utilization of research and development projects, and research and development outcomes; and promote business affairs for international cooperation, by methods such as activation of international joint research and development. |
| (2) | The Minister of Land, Infrastructure and Transportation shall periodically survey and analyze international trends of development, direction of investment and technological level, etc. related to science and technology for land, infrastructure and transportation to incorporate such matters in policies related to development of technologies. |
| Article 15 (Collection of Technological Fees) |
| (1) | The Minister of Land, Infrastructure and Transportation may collect technological fees from a person who intends to use, transfer, lend or export research and development outcomes, as prescribed by Presidential Decree: Provided, That, where it is necessary for exemption of technological fees, based on characteristics of projects for research and development, he/she may exempt all or part of technological fees, as prescribed by Presidential Decree. |
| (2) | Matter necessary for collection and management, etc. of technological fees prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Establishment of Korea Agency for Infrastructure Technology Advancement, Etc.) |
| (1) | Korea Agency for Infrastructure Technology Advancement (hereinafter referred to as the “agency”) shall be established to effectively support planning, management and assessment, etc. of projects for research and development. |
| (2) | The agency shall be a corporation and established by making a registration for establishment in the location of its main office. |
| (3) | The agency shall have officers and necessary employees, as determined by articles of a corporation. |
| (4) | The agency shall perform the following projects: |
| 1. | Projects of supporting the following duties performed by the Government: |
| (a) | Formulation of comprehensive plans and implementation plans; |
| (b) | Survey and estimation of domestic and foreign technological needs; |
| (c) | Planning, management and assessment of projects for research and development; |
| (d) | Dissemination, transfer, commercialization and promotion of research and development outcomes; |
| (e) | International cooperation and international projects for joint research in the field of science and technology for land, infrastructure and transportation; |
| (f) | Building information network related to the field of science and technology for land, infrastructure and transportation; |
| (g) | Training of specialized research staffs in the field of science and technology for land, infrastructure and transportation; |
| (h) | Registration, management and joint use of research facilities and equipment; |
| 2. | Projects stipulated as business affairs of the agency or entrusted under other Acts and subordinate statutes; |
| 3. | Other projects related to projects for research and development, prescribed by Presidential Decree. |
| (5) | The Government may contribute or subsidize all or part of expenses incurred in operating the agency within budgetary limits. |
| (6) | With regard to the agency, except as otherwise provided for in this Act, the regulations concerning an incorporated foundation provided for in the Civil Act shall apply mutatis mutandis. |
The Minister of Land, Infrastructure and Transportation may select individuals, organizations and enterprises, etc. which have significant merits in promotion of science and technology for land, infrastructure and transportation, and provide rewards thereto.
| Article 18 (Entrustment of Authority) |
| (1) | With regard to the authority of the Minister of Land, Infrastructure and Transportation prescribed in this Act, a part of his/her authority may be entrusted to the head of an institute, corporation or organization which performs business affairs related to promotion of science and technology for land, infrastructure and transportation, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transportation shall instruct and supervise a person who is to perform duties entrusted under paragraph (1). |
| Article 19 (Legal Fiction as Public Officials in Application of Penal Provisions) |
Executive officers and employees of an institute, corporation and organization engaged in business affairs entrusted by the Minster of Land, Infrastructure and Transportation prescribed in Article 18 (1) shall be deemed public officials when the penal provisions prescribed in Articles 129 through 132 of the Criminal Act are applied to such business affairs.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after date of its promulgation.
Article 2 (Transitional Measures concerning Korea Agency for Infrastructure Technology Advancement)
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after date of its promulgation.
Articles 2 through 15 Omitted.