ENFORCEMENT DECREE OF THE NATIONAL RESEARCH FOUNDATION OF KOREA ACT
Presidential Decree No. 22977, jun. 24, 2011
Amended by Presidential Decree No. 24473, Mar. 23, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Registration of Establishment) |
| (1) | The National Research Foundation of Korea (hereinafter referred to as the "Foundation") under Article 2 of the National Research Foundation of Korea Act (hereinafter referred to as the "Act") shall complete the registration of establishment at the location of its main office within three weeks from the date its articles of association is authorized. |
| (2) | Matters to be registered under paragraph (1) shall be as follows: |
| 3. | Location of main office; |
| 4. | Names and addresses of executive officers; |
| 5. | Total amount of assets; |
| 6. | Method of public notice. |
| (3) | In applying for the registration of establishment, the articles of association under Article 4 of the Act shall be appended. |
| Article 3 (Recommendation of Candidates for Directors) |
| (1) | Institutions and organizations under Article 6 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 8. | Other institutions and organizations deemed necessary by the Minister of Education and the Minister of Science and ICT in relation to academic, research and development activities. |
| (2) | When institutions and organizations referred to in paragraph (1) recommend candidates for directors to the executive recommendation committee under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "executive recommendation committee"), they shall recommend the candidates from among persons with extensive expertise and experience or professional managers in the relevant field of research. |
| (3) | When the executive recommendation committee recommends candidates for directors to the Minister of Science and ICT under Article 26 of the Act on the Management of Public Institutions, it shall specify the institutions or organizations that have recommended the relevant candidates. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 4 (Payment, etc. of Contributions) |
| (1) | When the Foundation intends to receive contributions under Article 11 (1) of the Act, it shall submit a written request for contributions for the following year, attaching documents specifying the details of request for contributions, to the Minister of Science and ICT by May 31 each year. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Upon receiving a written request for contributions under paragraph (1), the Minister of Science and ICT shall consult with the Minister of Education thereon, and if he/she deems necessary to pay the contributions, he/she shall appropriate in the budget the contributions requested by the Foundation. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | When the Government's decision on payment of the contributions is finalized, the Minister of Science and ICT shall notify the Foundation of such fact. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Upon receiving a notification referred to in paragraph (3), the Foundation shall submit to the Minister of Science and ICT a written request for payment of contributions, attaching a quarterly business plan and budget execution plan. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Foundation shall manage the contributions received from the Government in a separate account, and shall execute them only for the uses specified in the quarterly business plan and budget execution plan. |
| Article 5 (Free Loan, etc. of State and Public Property) |
| (1) | Conditions and procedures for lending, using, or making profits from State and public property free of charge under Article 12 (1) of the Act shall be determined by signing a contract between the Foundation and the management authority of the State or public property concerned. |
| (2) | Where the Foundation uses the State or public property which has been loaned or used or used for profit-making free of charge under Article 12 (1) of the Act for purposes other than its original purpose, the management authority of the State or public property may terminate the contract. |
| Article 6 (Submittal of Business Plans, etc.) |
The Foundation shall submit a business plan and budget bill of the following year specifying the objectives, policy measures, details of major programs, required budget, etc. to the Minister of Education and the Minister of Science and ICT before the commencement of the relevant business year, pursuant to Article 14 of the Act. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 7 (Composition and Operation of External Evaluation Committee) |
| (1) | The external evaluation committee under Article 15 (3) of the Act (hereinafter referred to as the "external evaluation committee") shall be comprised of not more than 11 members, including a chairperson. |
| (2) | Members of the external evaluation committee shall be appointed or commissioned by the Minister of Education or the Minister of Science and ICT, from among the following persons. In such cases, the number of members to be appointed or commissioned by each Minister shall be decided through mutual consultation: <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Public officials in general service belonging to the Senior Civil Service of the Ministry of Education or the Ministry of Science and ICT, who are related to the operation of a research program management system referred to in Article 15 (1) of the Act; |
| 2. | Persons with extensive expertise and experience in academic, research and development projects. |
| (3) | The chairperson of the external evaluation committee shall be appointed by the Minister of Science and ICT following consultation with the Minister of Education, from among members referred to in paragraph (2) 2. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The chairperson of the external evaluation committee shall represent the committee and exercise overall control of the committee affairs. |
| (5) | The term of office for the members commissioned under paragraph (2) 2 shall be two years. <Amended by Presidential Decree No. 24473, Mar. 23, 2013> |
| (6) | The external evaluation committee shall have two secretaries to execute the affairs of the committee, each of whom shall be appointed respectively by the Minister of Education and the Minister of Science and ICT, from among Grade III or IV public officials of the Ministry of Education and the Ministry of Science and ICT. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (7) | The external evaluation committee may request the Foundation to submit materials necessary for examining as to whether a research program management specialist performs his/her duties fairly and efficiently under Article 15 (3) of the Act. |
| (8) | Except as otherwise provided for in paragraphs (1) through (7), matters necessary for the operation of the external evaluation committee, such as detailed procedures for and methods of external evaluation, and utilization of the findings of evaluation, shall be prescribed by the Minister of Science and ICT through consultation with the Minister of Education. <Amended by Presidential Decree No. 24473, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 8 (Submittal of Written Settlement of Accounts) |
The Foundation shall submit a written settlement of accounts on revenues and expenditures prescribed in Article 16 (1) of the Act, along with the following documents: <Amended by Presidential Decree No. 24473, Mar. 23, 2013> | 1. | A balance sheet and an income statement for each business year; |
| 2. | A comparison list of a business plan with the results of its execution for each business year; |
| 3. | A written opinion on audit and inspection of a certified public accountant or accounting firm; |
| 4. | Minutes of a meeting of the board of directors that resolved the settlement of accounts of revenues and expenditures. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 26, 2009.
Article 2 (Repeal of other Statutes)
Article 3 Omitted.
Article 4 (Relationship with other Statutes)
Where any other statutes cite the former Enforcement Decree of the Korea Science and Engineering Foundation Act and the Enforcement Decree of the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to have cited this Decree or the relevant provisions of this Decree in lieu of the former provisions, if any provisions corresponding thereto exist in this Decree.
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.
ADDENDUM <Presidential Decree No. 24473, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of the Addenda, the amended part of any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended under Article 8 of the Addenda, amendments to a Presidential Decree, which was promulgated before this Decree enters into force but the date on which it enters into force has yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 8 Omitted.