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MARINE SCIENCE AND TECHNOLOGY PROMOTION ACT

Act No. 14515, Dec. 27, 2016

 Article 1 (Purpose)
The purpose of this Act is to contribute to constructively developing ocean and fishery-related industries; and to improving quality of people's lives by creating foundations for the development of marine science and technology and preparing measures for systematically cultivating marine science and technology.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "ocean" means the sea defined in subparagraph 1 of Article 3 of the Framework Act on Marine Fishery Development;
2. The term "marine resource" means developable and usable marine life resources, such as marine plants and animals; marine mineral resources; marine energy and marine tourism resources; and resources useful for the national economy and people's lives, such as marine spatial resources;
3. The term "marine science and technology" means science and technology related to managing, conserving, developing and using oceans and marine resources.
 Article 3 (Responsibilities of State and Each Local Government)
The State and each local government shall manage, conserve, develop, and use the oceans and marine resources in a harmonized manner; and formulate and implement comprehensive policies for marine science and technology; so as to improve the competitiveness of ocean-related industries.
 Article 4 (Relationship to Other Acts)
Except as otherwise expressly provided for in other Acts, the cultivation of marine science and technology shall be governed by this Act.
 Article 5 (Formulation, etc. of Master Plans for Cultivating Marine Science and Technology)
(1) For cultivating marine science and technology, the Minister of Oceans and Fisheries shall formulate and implement a master plan for cultivating marine science and technology (hereinafter referred to as "master plan") every five years.
(2) Each master plan shall include the following matters:
1. Policy objectives and direction-setting for policies for cultivating marine science and technology;
2. Status of and outlook for domestic and overseas marine science and technology;
3. Strategies for developing the key technology of marine science and technology;
4. Mid- and long-term investment plans for the cultivation of marine science and technology;
5. Measures for disseminating and commercializing the outcomes of marine science and technology;
6. Measures for supplying and cultivating human resources of marine science and technology;
7. Measures for facilitating collaborative research, and research and development of converging technology between marine science and technology-related academic circles, research institutes and industries;
8. Other matters the Minister of Oceans and Fisheries deems necessary for cultivating marine science and technology.
(3) Where the Minister of Oceans and Fisheries intends to formulate a master plan, he/she shall undergo deliberations by the Marine Science and Technology Committee prescribed in Article 7 and the National Science and Technology Council prescribed in Article 9 of the Framework Act on Science and Technology after consulting with the heads of the relevant central administrative agencies. The same shall apply to amending important matters in a master plan, which are prescribed by Presidential Decree.
(4) Matters necessary for formulating, amending, implementing, or otherwise conducting a master plan, other than those otherwise provided for in paragraphs (1) through (3), shall be prescribed by Presidential Decree.
 Article 6 (Formulation, etc. of Implementation Plans for Cultivation of Marine Science and Technology)
(1) Each year, the Minister of Oceans and Fisheries shall formulate and implement an implementation plan for the cultivation of marine science and technology (hereinafter referred to as "implementation plan") within the scope of the master plan.
(2) Where the Minister of Oceans and Fisheries intends to formulate or amend an implementation plan, he/she shall undergo deliberations by the Marine Science and Technology Committee prescribed in Article 7: Provided, That the same shall not apply in cases where amending minor matters prescribed by Presidential Decree.
(3) Matters necessary for formulating, amending, implementing, or otherwise conducting an implementation plan, other than those otherwise provided for in paragraphs (1) and (2), shall be prescribed by Presidential Decree.
 Article 7 (Marine Science and Technology Committee)
(1) To deliberate on the following matters concerning the development and cultivation of marine science and technology, the Marine Science and Technology Committee shall be established under the jurisdiction of the Minister of Oceans and Fisheries:
1. Matters concerning the formulation and amendment of a master plan and implementation plan;
2. Matters concerning the formulation and adjustment of major policies for cultivating marine science and technology;
3. Matters concerning direction-setting for investment of budget in marine science and technology;
4. Matters concerning the management of the outcomes of marine science and technology;
5. Other matters the Chairperson deems necessary to be referred for deliberation.
(2) Matters necessary for the organizational structure and operation of the Marine Science and Technology Committee shall be prescribed by Presidential Decree.
 Article 8 (Promotion of Research and Development Projects, etc.)
(1) For efficiently promoting master plans, the Minister of Oceans and Fisheries may promote marine science and technology research and development projects and professional human resources fostering projects (hereinafter referred to as "research and development project, etc.") by selecting research and development tasks of marine science and technology by year and by field, and making an agreement with any of the following institutes or organizations:
1. A specific research institute prescribed in Article 2 of the Specific Research Institutes Support Act;
3. The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act;
4. A national or public research institute;
5. A school prescribed in Article 2 of the Higher Education Act;
6. An institute having personnel exclusively dedicated to research in the field of marine science and technology among enterprise-affiliated research institutes prescribed in Article 14-2 of the Basic Research Promotion and Technology Development Support Act;
7. A research institute or organization in the field of marine science and technology which is a juristic person established under the Civil Act or other Acts;
8. Other research institutes or organizations working in the field of marine science and technology prescribed by Presidential Decree.
(2) For promoting research and development projects, etc., the Minister of Oceans and Fisheries may contribute to any of the institutes, organizations, etc. referred to in the subparagraphs of paragraph (1) or fully or partially subsidize necessary costs for such institutes, organizations, etc., within budgetary limits.
(3) Matters necessary for promoting a research and development project, etc. prescribed in paragraph (1); the scope of provision of contributions and subsidization for costs prescribed in paragraph (2); etc. shall be prescribed by Presidential Decree.
 Article 9 (Implementation of Pilot Projects)
(1) If necessary to facilitate the use and dissemination of marine science and technology developed through marine science and technology research and development projects, the Minister of Oceans and Fisheries may implement a pilot project to apply such marine science and technology.
(2) The Minister of Oceans and Fisheries may provide financial, administrative and technical assistances to institutes or organizations participating in pilot projects prescribed in paragraph (1).
(3) Procedures for formulating and promoting an action plan of a pilot project prescribed in paragraph (1), procedures for providing assistances prescribed in paragraph (2), and other matters necessary for implementing a pilot project shall be prescribed by Presidential Decree.
 Article 10 (Royalties)
(1) The Minister of Oceans and Fisheries may collect royalties from persons who intend to use, transfer, lease, or export the outcomes of a marine science and technology research and development project, as prescribed by Presidential Decree: Provided, That persons engaging in fisheries defined in subparagraph 2 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development (hereinafter referred to as "person engaging in fisheries") who comply with the conditions prescribed by Presidential Decree shall be fully or partially exempted from such royalties.
(2) Matters necessary for the collection, management, etc. of royalties prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 11 (Facilitation of Utilization of the outcomes of Technology Development)
(1) The Minister of Oceans and Fisheries shall endeavor for the industrialization of the outcomes of marine science and technology research and development projects or utilization of such outcomes in relevant jobs by being promptly transferred to private enterprises, persons engaging in fisheries, or relevant persons.
(2) An institute holding research equipment or facilities which are the outcomes of a research and development project may allow researchers working in ocean and fishery-related fields to utilize the relevant research equipment or facilities without compensation or at cost.
 Article 12 (Preparation of Marine Science and Technology Classification System)
(1) For efficiently managing information; human resources; research and development projects; etc. related to marine science and technology, the Minister of Oceans and Fisheries shall prepare a marine science and technology classification system and shall consistently supplement and develop such system.
(2) Matters necessary for the preparation, etc. of the marine science and technology classification system prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 13 (Collection, Analysis, and Dissemination of Information on Marine Science and Technology)
(1) In order to facilitate the effective collection, analysis, and dissemination of the following information for the cultivation of marine science and technology, the Minister of Oceans and Fisheries may formulate and promote policies for establishing databases and systems providing information, etc.:
1. Information on marine science and technology, such as information on technology development tasks, information on technology transfer, information on patents, and information on domestic and overseas trends in science and technology inside and outside Korea in the field of oceans and fisheries;
2. Information on the status, etc., of demand and supply of human resources related to marine science and technology by industry, by region and by gender;
3. Information on research equipment and facilities, etc., in the field of oceans and fisheries;
4. Other information necessary for cultivating marine science and technology, which is prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) Where the Minister of Oceans and Fisheries formulates or promotes a policy prescribed in paragraph (1), he/she shall link such policy with the policies to facilitate the production, distribution, management, and utilization of knowledge and information on science and technology, and national research and development projects prescribed in Article 26 (1) of the Framework Act on Science and Technology.
 Article 14 (Survey on Demand for Marine Science and Technology)
(1) In order to find out marine science and technology needed at industrial sites, the Minister of Oceans and Fisheries may conduct a survey on demand for marine science and technology.
(2) Matters necessary for the details, methods, procedures, etc., of a marine science and technology demand survey prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries.
 Article 15 (Technology Impact Assessment and Technology Level Evaluation)
(1) In order to see the impacts, ripple effects, etc., of a new marine science and technology on ocean and fishery-related industries, the Minister of Oceans and Fisheries may conduct a technology impact assessment in advance and reflect the results thereof in a master plan.
(2) In order to facilitate the development of marine science and technology, the Minister of Oceans and Fisheries shall evaluate the level of the key technology among marine science and technology, and formulate and promote policies to improve the level of such technology.
(3) Matters necessary for the scopes, procedures, etc., of technology impact assessment prescribed in paragraph (1) and technology level evaluation prescribed in paragraph (2) shall be prescribed by Presidential Decree.
 Article 16 (Support for Cultivation of Marine Science and Technology of Local Governments)
In order to facilitate the development and commercialization of marine science and technology promoted by local governments and reinforce the research capabilities of local governments, the Minister of Oceans and Fisheries may render assistances necessary therefor, within budgetary limits.
 Article 17 (Certification of New Marine Technology)
(1) The Minister of Oceans and Fisheries may certify new marine technology, developed for the first time in the field of oceans and fisheries or improving or upgrading the existing technology innovatively (hereinafter referred to as "new technology").
(2) The validity of new technology certification prescribed in paragraph (1) shall be five years from the date the certification is granted.
(3) The validity prescribed in paragraph (2) may be extended only once within five years.
(4) A person who intends to obtain new technology certification prescribed in paragraph (1) and to extend the validity of certification prescribed in paragraph (3) shall file an application with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(5) The Minister of Oceans and Fisheries may charge persons who apply for new technology certification or extension of validity of certification pursuant to paragraph (4) for costs incurred in examining applied matters, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(6) Matters necessary for eligibility, standards, examination, procedures, validity, protection, etc. concerning certification, other than those otherwise provided for in paragraphs (1) through (5), shall be prescribed by Presidential Decree.
 Article 18 (Labelling of New Technology Certification)
(1) A person who has obtained new technology certification pursuant to Article 17 may affix a label of new technology certification to facilities, products, etc., installed or produced by using the new technology along with a label indicating parts of such facilities, products, etc., in which the new technology is used, as prescribed by Ordinance of the Ministry of Oceans and Fisheries.
(2) In cases of facilities or products not installed or produced by using a new technology, they shall not affix a label prescribed in paragraph (1) or any label similar thereto to the relevant facilities or products, their packing, promotional materials, etc., nor publicize (including publicity by electronic means, such as the Internet, hereinafter the same shall apply) the new technology.
 Article 19 (Cancellation of New Technology Certification)
(1) Where a new technology certified pursuant to Article 17 falls under any of the following cases, the Minister of Oceans and Fisheries shall cancel the new technology certification:
1. Where new technology certification is obtained by fraud or other improper means;
2. Where the Minister of Oceans and Fisheries deems a new technology unsuitable to be disseminated due to serious defects found in the new technology;
3. Where a new technology is deemed to infringe upon other person's rights, such an intellectual property right.
(2) Where the Minister of Oceans and Fisheries intends to cancel new technology certification pursuant to paragraph (1), he/she shall hold a hearing.
(3) Matters necessary for procedures, etc. for cancelling new technology certification pursuant to paragraph (1) shall be prescribed by Presidential Decree.
 Article 20 (Support for New Technology)
In order to facilitate the commercialization of a new technology certified pursuant to Article 17, the Minister of Oceans and Fisheries shall prepare policies for financial support, etc., as prescribed by Presidential Decree.
 Article 21 (International Cooperation in Marine Science and Technology)
(1) In order to contribute to the international development of marine science and technology; and to enhance the level of domestic marine science and technology, the Minister of Oceans and Fisheries may implement the following programs in collaboration with foreign governments; ocean and fishery-related international organizations, foreign research and development institutes and organizations; etc. In such cases, the Minister of Oceans and Fisheries may require Korean ocean and fishery-related research and development institutes, organizations, etc. to join such programs:
1. International joint research and ascertaining international trends of marine science and technology;
2. Information and technology development related to marine science and technology;
3. International exchange of human resources related to marine science and technology;
4. Other programs the Minister of Oceans and Fisheries deems necessary for facilitating international cooperation in the field of marine science and technology.
(2) The Minister of Oceans and Fisheries may provide Korean ocean and fishery-related research and development institutes, organizations, etc., joining the programs provided for in the subparagraphs of paragraph (1), with necessary assistances, within budgetary limits.
 Article 22 (Cooperation between South and North Korea in Marine Science and Technology)
The Minister of Oceans and Fisheries may formulate policies for activating technical cooperation and exchange between South and North Korea for marine science and technology through discussions with the heads of the relevant central administrative agencies.
 Article 23 (Establishment of Korea Institute of Marine Science and Technology Promotion)
(1) In order to effectively support the planning, management, evaluation, etc. of research and development projects, etc. for cultivating marine science and technology, the Korea Institute of Marine Science and Technology Promotion (hereinafter referred to as "KIMST") shall be established.
(2) KIMST shall be a juristic person, and shall be incorporated upon completing the registration for incorporation at the seat of the principal office.
(3) KIMST shall have executive officers and employees as prescribed by the articles of incorporation.
(4) KIMST shall conduct the following affairs:
1. Supporting the formulation of policies related to research and development projects, etc., such as a master plan;
2. Supporting the planning, management, and evaluation of research and development projects, etc.;
3. Supporting international cooperation and international joint research projects in the field of marine science and technology;
4. Other affairs prescribed by Presidential Decree in connection with research and development projects, etc., such as facilitating commercialization of marine science and technology.
(5) The Government may make contributions or provide subsidies for all or some costs necessary for the affairs and operation of KIMST, within budgetary limits.
(6) In order to procure expenses necessary for achieving the objectives prescribed in paragraph (1), KIMST may conduct profit-making business as prescribed by Presidential Decree.
(7) Except as otherwise provided for in this Act, the provisions of the Civil Act pertaining to incorporated foundations shall apply mutatis mutandis to KIMST.
 Article 24 (Rewards)
The Minister of Oceans and Fisheries may select and reward individuals, organizations, enterprises, etc. of distinguished service for the development of marine science and technology.
 Article 25 (Delegation and Entrustment of Authority)
(1) Any authority vested in the Minister of Oceans and Fisheries under this Act may be partially delegated to the heads of the agencies under the Minister’s jurisdiction or to the heads of local governments, as prescribed by Presidential Decree.
(2) Any authority vested in the Minister of Oceans and Fisheries under this Act may be partially entrusted to the heads of the institutions and organizations conducting the business related to the cultivation of marine science and technology, as prescribed by Presidential Decree.
 Article 26 (Deemed Public Officials for Purposes of Penalty Provisions)
The executive officers and employees of an institute or organization engaging in business entrusted by the Minister of Oceans and Fisheries pursuant to Article 25 (2) shall be deemed public officials for purposes of Articles 129 through 132 of the Criminal Act.
 Article 27 (Penalty Provisions)
(1) A person who obtains new technology certification prescribed in Article 17 (1) by fraud or other improper means shall be imprisoned with labor for not more than three years or be punished by a fine not exceeding 30 million won.
(2) A person who affixes a label indicating new technology certification or a label similar thereto, or publicizes new technology certification in violation of Article 18 (2) shall be punished by a fine not exceeding five million won.
 Article 28 (Joint Penalty Provisions)
Where a representative of a corporation, or a proxy, employee, or other workers of a corporation or an individual commits an offense prescribed in Article 27 in connection with the business of the corporation or the individual, not only shall the offender be punished but the corporation or the individual also shall be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or the individual has paid due attention to or diligently supervised the relevant business to prevent such offense.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Transitional Measures concerning Master Plans)
Plans concerning marine science and technology in a marine science and technology development plan formulated under Article 17 (2) of the former Framework Act on Marine Development, before this Act enters into force, shall be deemed a master plan formulated under Article 5.
Article 3 (Transitional Measures concerning Agreements)
The agreements executed by the Minister of Oceans and Fisheries pursuant to Article 33 (1) of the former Framework Act on Marine Development and Article 6 (2) of the Act on the Promotion of Science and Technology for Food, Agriculture, Forestry and Fisheries, before this Act enters into force, shall be deemed an agreement made under Article 8 (1).
Article 4 (Transitional Measures concerning Royalty Exemptions)
Royalty exemption granted by the Minister of Oceans and Fisheries pursuant to the proviso to Article 7 (1) of the former Act on the Promotion of Science and Technology for Food, Agriculture, Forestry and Fisheries, before this Act enters into force, shall be deemed royalty exemption granted under the proviso to Article 10 (1).
Article 5 (Transitional Measures concerning New Technology Certification)
The new technology for fishery products certified by the Minister of Oceans and Fisheries pursuant to Article 12-2 of the former Act on the Promotion of Science and Technology for Food, Agriculture, Forestry and Fisheries, before this Act enters into force, shall be deemed a new technology certified by the Minister of Oceans and Fisheries pursuant to Article 17 during the validity of such new technology for fishery products.
Article 6 (Transitional Measures concerning Korea Institute of Marine Science and Technology Promotion)
(1) The Korea Institute of Ocean Science and Technology Promotion established under Article 33-2 of the former Framework Act on Marine Development before this Act enters into force (hereinafter referred to as the "Korea Institute of Ocean Science and Technology Promotion") shall be deemed KIMST established pursuant to Article 23.
(2) The property, rights, and obligations of the Korea Institute of Ocean Science and Technology Promotion shall be succeeded to KIMST universally, and the name of the Korea Institute of Ocean Science and Technology Promotion indicated in registries of the property, rights and obligations thereof and in other official books shall be deemed the name of KIMST.
(3) The value of the property succeeded to KIMST pursuant to paragraph (2) shall be the book value as at the day immediately preceding the enforcement date of this Act.
(4) An act performed by the Korea Institute of Ocean Science and Technology Promotion before this Act enters into force shall be deemed an act performed by KIMST, and an act performed in relation to the Korea Institute of Ocean Science and Technology Promotion shall be deemed an act performed in relation to KIMST.
(5) The executive officers and employee of the Korea Institute of Ocean Science and Technology Promotion as at the time this Act enters into force shall be deemed the executive officers and employees of KIMST. In such cases, the term of office of the executive officers shall be the remaining term of the term prescribed in the articles of incorporation of the Korea Institute of Ocean Science and Technology Promotion.
Article 7 Omitted.