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ENFORCEMENT DECREE OF THE INDUSTRIAL CONVERGENCE PROMOTION ACT

Presidential Decree No. 23190, Sep. 30, 2011

Amended by Presidential Decree No. 24442, Mar. 23, 2013

Presidential Decree No. 24496, Apr. 5, 2013

Presidential Decree No. 24955, Dec. 11, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26703, Dec. 10, 2015

Presidential Decree No. 28212, Jul. 26, 2017

Presidential Decree No. 28435, Nov. 14, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Industrial Convergence Promotion Act and matters necessary for enforcing said Act.
CHAPTER II ESTABLISHMENT, ETC. OF SYSTEM FOR PROMOTION OF INDUSTRIAL CONVERGENCE
 Article 2 (Establishment, etc. of Master Plans for Development of Industrial Convergence)
(1) A master plan for development of industrial convergence (hereinafter referred to as "master plan") under Article 5 (1) of the Industrial Convergence Promotion Act (hereinafter referred to as the "Act") shall be established by the Minister of Trade, Industry and Energy following consultation with the heads of related central administrative agencies and deliberation by the Industrial Convergence Development Committee established under Article 8 of the Act (hereinafter referred to as the "Committee"). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(2) If necessary for establishing a master plan, the Minister of Trade, Industry and Energy may set up guidelines for preparation of divisional plans following consultation with the heads of related central administrative agencies, and notify them to the heads of related central administrative agencies. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) The heads of related central administrative agencies shall prepare divisional plans for fields under their jurisdiction in accordance with the guidelines for preparation thereof referred to in paragraph (2) and submit them to the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(4) Where any one divisional plan under paragraph (3) overlaps with or contradicts another divisional plan under the same paragraph, the Minister of Trade, Industry and Energy may request the heads of the related central administrative agencies to revise, supplement or adjust them before the Committee conducts deliberation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(5) Upon establishing a master plan, the Minister of Trade, Industry and Energy shall publicly notify it. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(6) The heads of related central administrative agencies shall strive to secure financial resources necessary for implementing master plans.
 Article 3 (Matters to Be Included in Master Plans)
"Matters specified by Presidential Decree" in Article 5 (2) 10 of the Act means the following:
1. Matters concerning the diffusion, dissemination and support of new products from industrial convergence;
2. Matters concerning the vitalization of the use and standardization of intellectual property rights for promotion of industrial convergence;
3. Matters concerning the diffusion of culture of industrial convergence under Article 31 (1) of the Act;
4. Other matters necessary for development of industrial convergence.
 Article 4 (Modification of Master Plans)
(1) Where the Minister of Trade, Industry and Energy intends to modify any of the following matters, he/she shall consult thereon with the heads of related central administrative agencies and forward them to the Committee for deliberation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Matters involving two or more central administrative agencies;
2. Other matters determined by the Committee as those that may have a significant influence on development of industrial convergence.
(2) Article 2 (4) and (5) shall apply mutatis mutandis to the procedures for modification of master plans.
 Article 5 (Establishment of Annual Implementation Plans)
(1) The head of a related central administrative agency shall submit an annual implementation plan referred to in Article 6 (1) of the Act (hereinafter referred to as "implementation plan") by October 31 of each year.
(2) If necessary to make a master plan linked to an implementation plan, the Minister of Trade, Industry and Energy may request the head of a related central administrative agency to revise, supplement or adjust the implementation plan. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) When implementation plans are established, the Minister of Trade, Industry and Energy shall combine and publicly notify them. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 6 (Modification of Implementation Plans)
(1) The head of a related central administrative agency who intends to modify any of the following matters of his/her implementation plan shall submit the relevant matter that he/she intends to modify to the Committee:
1. Any matter involving two or more central administrative agencies;
2. Any other matter determined by the Committee as those that may have a significant influence on development of industrial convergence.
(2) Article 5 (2) and (3) shall apply mutatis mutandis to the modification of an implementation plan under paragraph (1).
 Article 7 (Subject Matters of Surveys on Statistics of Industrial Convergence and Scope of Preparation of such Statistics)
Subject matters of surveys on statistics related to industrial convergence and the scope of preparation of such statistics under Article 7 (2) of the Act shall be as follows:
1. Matters concerning the certification, manufacture, sale, etc. of new products from industrial convergence;
2. Matters concerning the export and import of new products from industrial convergence;
3. Matters concerning the research and development, and scale of investment related to industrial convergence;
4. Matters concerning the status of human resources engaged in industrial convergence and demand prospects therefor.
 Article 8 (Composition of Committee)
"Related central administrative agencies specified by Presidential Decree" in Article 8 (4) 1 of the Act means the following administrative agencies: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28212, Jul. 26, 2017>
1. The Ministry of Strategy and Finance;
2. The Ministry of Science and ICT;
3. The Ministry of the Interior and Safety;
4. The Ministry of Culture, Sports and Tourism;
5. The Ministry of Agriculture, Food and Rural Affairs;
6. The Ministry of Trade, Industry and Energy;
7. The Ministry of Health and Welfare;
8. The Ministry of Environment;
9. The Ministry of Land, Infrastructure and Transport;
10. The Ministry of Oceans and Fisheries;
11. The Ministry of SMEs and Startups.
 Article 9 (Operation of Committee)
(1) Where the chairperson of the Committee (hereinafter referred to as the "chairperson") intends to convene a meeting, he/she shall notify in writing each member of the date and time, venue and agenda of the meeting at least seven days before holding the meeting: Provided, That this shall not apply in an emergency or other extenuating circumstances.
(2) Where any matter related to major economic policies is deemed in need of prior consultation with related central administrative agencies, the chairperson shall ensure that such matter is referred to in a ministerial meeting on the economy provided for in Article 2 of the Regulation on Ministerial Meeting on the Economy, before the deliberation thereon is conducted by the Committee. <Amended by Presidential Decree No. 24496, Apr. 5, 2013>
(3) When deemed necessary, the chairperson may require the head of a related central administrative agency to attend a Committee meeting and present his/her opinion on the agenda in the field under his/her jurisdiction, or require a related expert to attend a Committee meeting and hear his/her opinion.
(4) Except as otherwise expressly provided for in subparagraphs (1) through (3), matters necessary for the operation of the Committee shall be determined by the Committee.
 Article 10 (Composition and Operation of Special Subcommittees)
(1) Special subcommittees referred to in the Article 8 (10) of the Act (hereinafter referred to as special committees) shall be established under the Committee.
(2) A special subcommittee shall be comprised of not more than 25 expert members who fall under the following subparagraphs:
1. Persons nominated by the heads of related agencies, who are public officials of Grade IV or higher (including a member of the Senior Executive Service);
2. Persons commissioned by the chairperson, who have abundant professional knowledge and experience in industrial convergence and the promotion thereof.
(3) Article 9 (1) shall apply mutatis mutandis to the convocation of a meeting of a special subcommittee. In such cases, the "Committee" shall be deemed a "special subcommittee."
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the composition and operation of special subcommittees shall be determined by the Committee.
 Article 10-2 (Dismissal, etc. of Members)
(1) The chairperson may dismiss a Committee member under Article 8 (4) 2 of the Act or a special subcommittee member under Article 10 (2) 2 from office, in any of the following cases:
1. Where the member becomes incapable of performing his/her duties due to a mental disorder;
2. Where the member engages in misconduct in connection with his/her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duty, loss of dignity, or any other reason;
4. Where the member voluntarily admits that it is difficult for him/her to perform his/her duties.
(2) A person who has nominated a special subcommittee member pursuant to Article 10 (2) 1 may withdraw the nomination if the relevant member falls under any subparagraph of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
 Article 11 (Ombudsman for Promotion of Industrial Convergence)
(1) The head of a related administrative agency and the head of a related institution shall submit their opinions on the matters in which they are requested to cooperate to an ombudsman for the promotion of industrial convergence appointed under Article 10 (2) of the Act (hereinafter referred to as "ombudsman for the promotion of industrial convergence"), within 10 days from the date of the receipt of a request for cooperation under the latter part of Article 10 (4) of the Act.
(2) An ombudsman for the promotion of industrial convergence shall report details of the activities, etc. performed under Article 10 of the Act to the Minister of Trade, Industry and Energy, within one month after the end of each quarter. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) Matters necessary for commissioning an ombudsman for the promotion of industrial convergence under Article 10 (3) of the Act shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
CHAPTER III CERTIFICATION OF COMPLIANCE OF NEW PRODUCTS FROM INDUSTRIAL CONVERGENCE
 Article 12 (Application for Certification of Compliance of New Products from Industrial Convergence)
(1) A manufacturer, etc. who intends to apply for certification of compliance under Article 11 (1) of the Act, shall submit an application for the certification of compliance of a new product of industrial convergence in attached Form 1, along with the following documents, to the head of the competent central administrative agency. In such cases, if it is difficult for the manufacturer, etc. to determine the competent central administrative agency, the Minister of Trade, Industry and Energy may assist the manufacturer, etc. with matters necessary for the application for certification of compliance such as the institution that certifies compliance or procedures for the application for certification of compliance: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28435, Nov. 14, 2017>
1. A written explanation of the new product of industrial convergence;
2. Data substantiating that the relevant product falls under a new product of industrial convergence;
3. Data substantiating that the relevant product falls under any subparagraph of Article 11 (1) of the Act;
4. A test report issued within the past three years from a laboratory referred to in Article 23 of the Framework Act on National Standards or a testing and inspection institution designated by the head of the competent central administrative agency under an individual statute (limited to cases where a test report is received);
5. Other data determined and publicly notified by the head of the competent central administrative agency as deemed necessary for certification of compliance.
(2) The head of the competent central administrative agency in receipt of an application under paragraph (1) shall send copies of the application to the heads of other competent central administrative agencies within five days from the date of the receipt of the application, pursuant to the latter part of Article 11 (1) of the Act with the exception of its subparagraphs.
(3) The head of the competent central administrative agency who intends to make a notification pursuant to the former part of Article 11 (2) of the Act shall give a notice in attached Form 2 on whether the relevant product is subject to examination for certification of compliance of a new product of industrial convergence, within 20 days from the date of the receipt of the application for certification of compliance.
 Article 13 (Consultation Relating to Certification of Compliance)
(1) In order to hold consultations relating to certification of compliance pursuant to Article 12 (2) of the Act, the head of the competent central administrative agency shall organize a consultative body for consultation on criteria, etc. for certification of compliance (hereinafter referred to as "consultative body for certification of compliance"), within 30 days from the date of the receipt of an application for certification of compliance.
(2) A consultative body for certification of compliance shall be comprised of the following public officials and civilian experts:
1. Public officials belonging to the competent central administrative agencies referred to in subparagraphs of Article 12 (2) of the Act, who are designated by the heads of the relevant agencies;
2. Civilian experts commissioned by the heads of the competent central administrative agencies from among any of the following persons: Provided, That where heads of two or more competent central administrative agencies are involved, the head of the competent central administrative agency that has received an application shall commission the experts after consulting with the heads of competent central administrative agencies with whom no application is filed:
(a) Experts recommended by the secretary of the Deliberative Committee on National Standards referred to in Article 5 (5) of the Framework Act on National Standards;
(b) Experts in the field of certification and test related to the product subject to certification of compliance;
(c) Experts from academic or research circles related to the product subject to certification of compliance;
(d) Representatives of associations or consumer organizations related to the product subject to certification of compliance.
(3) A consultation under Article 12 (2) of the Act shall include the following matters: <Amended by Presidential Decree No. 28435, Nov. 14, 2017>
1. Criteria for certification of compliance;
2. Methods of and procedures for testing and inspections for certification of compliance; where a new product of industrial convergence is certified by a foreign certification institution, the consultation shall also include whether to wholly or partially omit the procedures of certification of compliance including testing and inspections;
3. Institutions conducting testing and inspections for certification of compliance;
4. Other matters necessary for certification of compliance.
(4) The head of the competent central administrative agency may request assistance from the Minister of Trade, Industry and Energy, if necessary for organizing a consultative body for certification of compliance. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 14 (Preparation of Criteria, etc. for Certification of Compliance)
(1) The head of the competent central administrative agency (including other competent central administrative agencies with which no application is filed, where two or more competent central administrative agencies are involved; hereafter the same shall apply in this Article and Article 15) shall prepare the criteria for certification of compliance, methods of testing and inspections, and other relevant matters and notify them to the applicant, the institution conducting testing and inspections for certification of compliance referred to in Article 13 (3) 3, and related institutions, within 90 days from the date of the receipt of the application for certification of compliance: Provided, That where it is unavoidable to hold consultations on the criteria for certification of compliance, etc., the period may be extended by up to 30 days.
(2) In preparing the criteria for certification of compliance and methods of testing and inspections pursuant to paragraph (1), the head of the competent central administrative agency shall take the following standards, etc. into account:
1. The national standards and international standards defined in subparagraphs 1 and 2 of Article 3 of the Framework Act on National Standards;
2. Criteria for certification and methods of testing and inspections, generally used by domestic and foreign certification institutions or related organizations.
 Article 15 (Testing, Inspection, etc. for Certification of Compliance)
(1) A manufacturer, etc. in receipt of a notification under Article 14 shall submit specimens necessary for testing and inspections for certification of compliance and shall pay fees under Article 34 of the Act to the institution conducting testing and inspections for certification of compliance referred to in Article 13 (3) 3.
(2) A testing and inspection institution in receipt of a request for testing and inspections under Article 14 (1) shall conduct testing and inspections in accordance with the methods agreed under Article 14 and notify the result thereof to the head of the competent central administrative agency within 60 days from the date of the receipt of the request for testing and inspections.
 Article 16 (Certification of Compliance, etc.)
(1) "Period specified by Presidential Decree" in the main sentence of Article 13 (1) of the Act means six months.
(2) Upon receipt of the result of testing and inspections prescribed in Article 15, the head of the competent central administrative agency shall determine whether to certify compliance, etc. and notify the results thereof to the applicant in the following forms:
1. A notice on the result of certification of compliance of the new product of industrial convergence in attached Form 3;
2. A certificate of compliance of the new product of industrial convergence in attached Form 4 (applicable only to cases where the compliance is certified).
(3) Upon certifying compliance under Article 13 (1) of the Act, the head of the competent central administrative agency shall post the following matters on the website or publish them in the official gazette within ten days from the date of certification of compliance:
1. The kind of the new product of industrial convergence for which certification of compliance is granted;
2. The institution that has certified compliance and the date of certification;
3. Conditions attached to ensure stability, etc., if any;
4. The statutes that provide grounds for the permission, etc. under Article 13 (3) of the Act.
(4) Upon certifying compliance pursuant to paragraph (2), the head of the competent central administrative agency (where heads of two or more competent central administrative agencies are involved, including heads of other competent central administrative agencies with which no application is filed) shall publish the following matters in the official gazette pursuant to Article 13 (4) of the Act after collecting opinions pursuant to Articles 46 and 47 of the Administrative Procedures Act:
1. Criteria for certification of compliance;
2. Procedures for and methods of certification of compliance.
 Article 17 (Reissuance of Certificates of Compliance)
In any of the following cases, a person who has received a certificate of compliance of a new product of industrial convergence pursuant to Article 16 (2) may apply for a reissuance of the certificate of compliance to the head of the competent central administrative agency, appending the documents substantiating such fact:
1. Where the certificate of compliance is lost or becomes unusable due to damage;
2. Where the name or location of the manufacturer is changed.
 Article 18 (Objection against Denial, etc. of Certification of Compliance)
A person who intends to file an objection in regard to certification of compliance pursuant to Article 15 (1) of the Act shall submit to the head of the competent central administrative agency a written objection against the result of certification of compliance of a new product of industrial convergence in attached Form 5, along with the notice on the result of certification of compliance of the new product of industrial convergence and documents substantiating such fact, within 60 days from the date of the receipt of the notice on the result of certification of compliance of the new product of industrial convergence referred to in Article 16 (2) 1.
 Article 19 (Persons Subject to Purchase of Insurance or Subscription to Mutual Aid Fund)
(1) "Cases specified by Presidential Decree" in the proviso to Article 16 (1) of the Act with the exception of its subparagraphs means cases where any product subject to certification of compliance becomes the product subject to permission, etc. under any Act specified in attached Table 1 and is recognized by the head of the competent central administrative agency as a product highly likely to cause harm to the lives, bodies or property of consumers.
(2) A manufacturer, etc. who has received certification of compliance pursuant to paragraph (1) shall purchase insurance or subscribe to a mutual aid fund pursuant to the proviso to Article 16 (1) of the Act with the exception of its subparagraphs before the first release of the product that has obtained certificate of compliance.
(3) Where necessary for the safety, etc. of consumers, the Minister of Trade, Industry and Energy may publicly notify products subject to purchase of insurance or subscription to a mutual aid fund in accordance with the proviso to Article 16 (1) of the Act with the exception of its subparagraphs following deliberation of the Committee. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 20 (Contents, etc. of Insurance against Injuries)
(1) The scope of the insurance or mutual aid fund under the proviso to Article 16 (1) of the Act shall cover the damage to the lives, bodies and property of consumers caused by the new product of industrial convergence.
(2) The insurance proceeds under the proviso to Article 16 (1) of the Act (hereinafter referred to as "insurance proceeds") shall be based on the amount per person classified as follows but shall not exceed the actual amount of damage: Provided, That in cases falling under the proviso to subparagraph 1, the insurance proceeds may exceed the actual amount of damage:
1. In cases of death: 80 million won: Provided, That where the actual amount of damage is less than 20 million won, the insurance proceeds shall be 20 million won;
2. In cases of death of an injured person caused by the relevant injury during treatment: The sum of the amount referred to in subparagraph 1 and the amount specified in subparagraph 1 of attached Table 2;
3. In cases of death of an injured person caused by the relevant injury for which the amount referred to in subparagraph 4 has been paid: An amount calculated by deducting the amount paid pursuant to subparagraph 4 from the amount referred to in subparagraph 1;
4. In cases of injury: The amount specified in subparagraph 1 of attached Table 2;
5. In cases of physical disability of an injured person caused by the relevant injury (hereinafter referred to as "stress disorder"): The sum of the amount specified in subparagraphs 1 of attached Table 2 and the amount specified in subparagraph 2 of the same attached Table;
6. In cases of occurrence of a stress disorder to an injured person after treating the injury: The amount specified in subparagraph 2 of attached Table 2;
7. In cases of property damage: 100 million won.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for the purchase of insurance, subscription to a mutual aid fund, and other relevant matters shall be determined by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
CHAPTER IV ASSISTANCE IN PROMOTION, INVIGORATION, ETC. OF INDUSTRIAL CONVERGENCE
 Article 21 (Scope of New Convergence Industries)
(1) The scope of new convergence industries under Article 17 (1) of the Act shall be determined by the head of related central administrative agency following deliberation of the Committee.
(2) In determining the scope of new convergence industries pursuant to paragraph (1), the following matters shall be taken into account:
1. Degree of linkage between the technology and industries;
2. Marketability and growth potential;
3. Job creation effects;
4. Possibility of fostering small and medium enterprises.
(3) Upon determining the scope of new convergence industries prescribed in paragraph (1), the head of the related central administrative agency shall publicly notify it in the official gazette.
 Article 22 (Business Eligible for Assistance for New Convergence Industries)
(1) A person who intends to receive assistance pursuant to Article 17 (2) of the Act shall submit a business plan (including details of the subsidy for which the application is filed), along with the following documents, to the head of the related central administrative agency:
1. Data substantiating that his/her business falls under a new convergence industry provided for in Article 21;
2. Other data determined and publicly notified by the head of the related central administrative agency.
(2) The head of a related central administrative agency in receipt of an application under paragraph (1) shall notify the applicant whether he/she is eligible to receive assistance and other relevant matters, within 30 days from the date of the receipt of the application, except in extenuating circumstances.
(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for assisting new convergence industries shall be determined and publicly notified by the head of the related central administrative agency.
 Article 23 (Scope, etc. of Industrial-Convergence-Oriented Tasks)
(1) In determining industrial-convergence-oriented tasks pursuant to Article 18 (1) of the Act (hereafter in this Article referred to as "industrial-convergence-oriented tasks"), the head of a related central administrative agency shall take the following matters into account:
1. Degree of linkage between the technology convergence and industries;
2. Marketability and growth potential;
3. Feasibility;
4. Possibility of creating jobs;
5. Possibility of participation by small and medium enterprises (limited to tasks in which enterprises are able to participate).
(2) A person in receipt of contributions under Article 18 (2) of the Act shall manage the contributions by establishing accounts by industrial-convergence-oriented task.
(3) The contributions under paragraph (2) shall be used to cover the following expenses related to industrial-convergence-oriented tasks, as prescribed by the head of the related central administrative agency:
1. Personnel expenses;
2. Direct costs such as expenses for research equipment and materials, research activities, and research allowances;
3. Indirect costs such as expenses for supporting research and expenses for supporting utilization of research outcomes;
4. Expenses for outsourcing research and development.
 Article 24 (Designation of Institutions that Perform Affairs Related to Intellectual Property Rights)
(1) A person who intends to be designated as an institution or organization that performs affairs related to intellectual property rights pursuant to Article 19 (2) of the Act shall submit to the head of the related central administrative agency an application for the designation as an institution or organization that performs affairs related to intellectual property rights for promotion of industrial convergence in attached Form 6, along with the documents substantiating its fulfillment of the criteria determined and publicly notified by the head of the related central administrative agency.
(2) When designating an institution or organization that performs affairs related to intellectual property rights pursuant to Article 19 (2) of the Act, the head of the related central administrative agency shall issue a certificate of designation as an institution or organization that performs affairs related to intellectual property rights in attached Form 7, and shall publicly notify such fact.
 Article 25 (Assistance, etc. to Joint Organization for Industrial Convergence)
(1) A database under Article 21 (3) of the Act shall include the following matters:
1. Time to establish joint organizations for industrial convergence referred to in Article 21 (1) of the Act (hereinafter referred to as "joint organization for industrial convergence");
2. Details of activities of joint organizations for industrial convergence;
3. Other matters necessary for the invigoration of joint organizations for industrial convergence.
(2) The Minister of Trade, Industry and Energy may, if necessary, require a corporation related to industrial convergence as a corporation incorporated under Article 32 of the Civil Act to establish a database of joint organizations for industrial convergence. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy shall devise means to share the database, etc. established under paragraph (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 26 (Selection of Leading Enterprises in Industrial Convergence)
(1) A person who intends to be selected as a leading enterprise in industrial convergence under Article 22 (3) of the Act (hereinafter referred to as "leading enterprise in industrial convergence") shall submit an application for selection as a leading enterprise in industrial convergence in attached Form 8, along with documents showing the outcomes of industrial convergence achieved through exchange of human resources, etc. between different types of industries, to the head of a related central administrative agency.
(2) The head of the related central administrative agency in receipt of an application under paragraph (1) shall verify the applicant's business registration certificate by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant gives no consent to the verification of the business registration certificate, he/she shall be required to append a copy thereof: <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
(3) Upon selection of a leading enterprise in industrial convergence, the head of the related central administrative agency shall issue a certificate of selection as a leading enterprise in industrial convergence in attached Form 9.
(4) In promoting the following projects, the head of a related central administrative agency may provide preferential support to enterprises selected as leading enterprises in industrial convergence under paragraph (2):
1. Research and development projects under Article 18 of the Act;
2. Industrial convergence projects under Article 24 of the Act.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the designation of, support, etc. for leading enterprises in industrial convergence shall be determined and publicly notified by the head of a related central administrative agency.
 Article 27 (Procedures for Pilot Projects)
(1) When the head of a related central administrative agency intends to implement a pilot project that involves two or more central administrative agencies pursuant to Article 23 (1) of the Act, he/she shall establish an implementation plan for the pilot project and submit it to the Committee for deliberation.
(2) The implementation plan for a pilot project under paragraph (1) shall include the following matters:
1. A purpose;
2. Target products and services;
3. Target areas and implementation period;
4. An implementation system;
5. A fund-raising plan;
6. Other matters necessary for the smooth implementation of the pilot project.
 Article 28 (Assistance, etc. in Pilot Projects)
(1) The head of a related central administrative agency may provide the following assistance to a person who participates in a pilot project under Article 23 (1) of the Act:
1. Grant of subsidies or contributions;
2. Establishment of a foundation necessary for an efficient implementation of the pilot project;
3. Protection of intellectual property rights pertaining to the pilot project;
4. Other matters deemed necessary for achieving the purpose of the pilot project.
(2) Article 23 (2) and (3) shall apply mutatis mutandis to the payment of contributions under paragraph (1) 1.
 Article 29 (Persons Eligible to Receive Assistance in Industrial Convergence Projects)
"Person specified by Presidential Decree" in Article 24 (1) 3 of the Act means a person excluding the following persons:
2. Enterprises that operate business that falls under financial service activities (64), insurance and pension funding (65), or activities auxiliary to financial service and insurance activities (66) on the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 (1) of the Statistics Act.
 Article 30 (Procedures for Providing Assistance in Industrial Convergence Projects)
(1) "Details of the industrial convergence project and facts specified by Presidential Decree" in Article 24 (2) of the Act means the following matters:
1. Outlines of the industrial convergence project;
2. Objectives of the industrial convergence project;
3. Level of convergence and technological properties of the industrial convergence project;
4. Marketability and economic influence of the industrial convergence project;
5. Annual implementation plans for the industrial convergence project;
6. Application plan for the industrial convergence project;
7. Other matters concerning the industrial convergence project, which are determined and publicly notified by the head of the competent central administrative agency.
(2) A person who falls under any subparagraph of Article 24 (1) of the Act (hereinafter referred to as "small or medium enterprise, etc.") and intends to receive contributions, subsidies or assistance under Article 24 (1) of the Act shall submit a plan for an industrial convergence project including the matters set forth in subparagraphs of paragraph (1), along with documents substantiating that he/she is a small or medium enterprise, etc., to the head of the related central administrative agency.
(3) The head of a related central administrative agency may provide the following assistance pursuant to Article 24 (3) of the Act:
1. Assistance in development of research tasks;
2. Contribution to technology development funds;
3. Assistance in convergence funds;
4. Assistance in guarantee;
5. Assistance to secure domestic and overseas market;
6. Training of human resources, and provision of guidance and education to them.
(4) Article 23 (2) and (3) shall apply mutatis mutandis to the payment of contributions under paragraph (3) 2.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for providing assistance to small or medium enterprise, etc. shall be determined and publicly notified by the head of a related central administrative agency.
 Article 31 (Procedures, Requirements, etc. for Designation of Industrial Convergence Support Center)
(1) An institution or corporation that fulfills all of the following requirements shall be eligible to be designated as an industrial convergence support center under Article 26 (1) of the Act (hereinafter referred to as "center"): <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
1. It shall be any of the following institutions:
(a) A national or public research institute;
(d) A specific research institute under the Specific Research Institutes Support Act;
(e) A trade association under Article 38 of the Industrial Development Act;
(f) An institution specialized in the field of industrial convergence as a nonprofit corporation or organization incorporated under the Civil Act or any other Act;
2. It shall have at least four persons exclusively responsible for the relevant services as persons falling under any of the following items:
(a) Persons with a master's degree or higher in a related field;
(b) Persons with a bachelor's degree who have served in a field related to industrial convergence for at least two years at a corporation or an organization;
(c) Business management consultants or technology consultants under Article 46 of the Small and Medium Enterprises Promotion Act, who have at least two years of experience in consulting service related to industrial convergence.
(2) Upon designating a center, the Minister of Trade, Industry and Energy shall publicly announce the following matters in the official gazette or on the website: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. The name of the center, its representative's name, and address;
2. The scope and details of services of the center.
(3) "Business specified by Presidential Decree" in Article 26 (2) 7 of the Act means the following services: <Amended by Presidential Decree No. 28435, Nov. 14, 2017>
1. Development and application of a measurement index of convergence;
2. Establishment of an information system related to new convergence industries and support for its utilization;
3. Tasks entrusted by the head of a central administrative agency with regard to the certification of compliance of new products of industrial convergence;
4. Other services related to cooperation and coordination among organizations related to industrial convergence.
(4) The head of a center shall submit an annual report on the following matters to the Minister of Trade, Industry and Energy by December 31 of each year: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. Details of services performed under Article 26 (2) of the Act;
2. Details of the use of subsidies (limited to cases where subsidies are granted to cover expenses under Article 26 (4) of the Act).
 Article 32 (Institutions Requested to Dispatch Personnel to Center)
"A university, an institution, or an organization specified by Presidential Decree" in Article 26 (3) of the Act means the following universities, institutions or organizations: <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
1. A national or public school under Article 3 of the Higher Education Act (including its affiliated research institute);
2. A national or public research institute (including the Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act, the Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act, and the Daegu Gyeongbuk Institute of Science and Technology under the Daegu Gyeongbuk Institute of Science and Technology Act; hereinafter the same shall apply);
4. A specific research institute under the Specific Research Institutes Support Act;
5. A trade association incorporated under Article 38 of the Industrial Development Act;
6. Any other institution or organization determined and publicly notified by the Minister of Trade, Industry and Energy.
 Article 33 (Public Announcement of Cancellation of Designation)
Where the Minister of Trade, Industry and Energy cancels the designation of a center or orders it to suspend its business operations pursuant to Article 26 (6) of the Act, he/she shall publicly announce such fact in the official gazette or on the website without delay. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
CHAPTER V ESTABLISHMENT OF INFRASTRUCTURE FOR INDUSTRIAL CONVERGENCE
 Article 34 (Designation, etc. of Universities Specialized in Industrial Convergence)
(1) Pursuant to Article 28 (1) of the Act, the Minister of Science and ICT and the Minister of Trade, Industry and Energy shall jointly designate universities specialized in industrial convergence, graduate schools specialized in industrial convergence, or research institutes affiliated with a university specialized in industrial convergence (hereinafter referred to as "universities specialized in industrial convergence, etc.") after mutual consultation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
(2) "Research institutes affiliated with a university that meets the standards prescribed by Presidential Decree for facilities and faculty members" in Article 28 (1) 1 of the Act means the research institutes affiliated with a university that fulfills all of the following criteria: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 28212, Jul. 26, 2017>
1. It shall be equipped with educational facilities necessary for education on industrial convergence, exclusive research facilities and specialized research equipment for the research thereof;
2. It shall have at least three full-time faculty members belonging to the research institute and at least ten professional research personnel with a doctoral degree or a degree equivalent thereto necessary for the research of industrial convergence;
3. It shall fulfill other criteria jointly determined and publicly notified by the Minister of Science and ICT and the Minister of Trade, Industry and Energy after mutual consultation.
(3) A person who intends to be designated as a university specialized in industrial convergence, etc. pursuant to Article 28 (1) of the Act shall submit an application for designation as a university specialized in industrial convergence, etc. in attached Form 10, along with documents substantiating that it falls under any subparagraph of Article 28 (1) of the Act, to the Minister of Science and ICT or the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
(4) Where the Minister of Science and ICT and the Minister of Trade, Industry and Energy designate a university specialized in industrial convergence, etc. pursuant to Article 28 (1) of the Act, they shall give a joint public notice of such fact. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
(5) The details of assistance to be provided under Article 28 (2) of the Act shall be as follows:
1. Assistance in expenses for training professional personnel for industrial convergence;
2. Assistance in expenses necessary for the research of industrial convergence.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the criteria and procedures for designation of universities specialized in industrial convergence, etc. shall be jointly determined and publicly notified by the Minister of Science and ICT and the Minister of Trade, Industry and Energy after mutual consultation. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
 Article 35 (Agency for Execution of Projects for Standardization of Industrial Convergence)
"Institution or organization specified by Presidential Decree" in Article 29 (2) of the Act means the following institutions or organizations:
1. A cooperative organization for the development of industrial standardization designated under Article 5 (3) of the Industrial Standardization Act;
2. The Korean Standards Association under Article 32 (1) of the Industrial Standardization Act;
3. The Telecommunications Technology Association under Article 34 of the Framework Act on Broadcasting Communications Development;
4. An institution specialized in the field of industrial convergence standardization as a nonprofit corporation incorporated under the Civil Act or any other Act.
 Article 36 (Institutions that Perform Affairs Related to Promotion of, and Assistance, etc. in International Cooperation and Advance to Overseas Markets)
"Institution or organization specified by Presidential Decree" in the former part of Article 30 (3) of the Act means any of the following institutions or organizations:
1. A center;
2. The Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act;
3. A national or public research institute;
4. A university or college under Article 2 of the Higher Education Act;
7. A specific research institute under the Specific Research Institutes Support Act;
8. The Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act;
9. A trade association under Article 38 of the Industrial Development Act;
10. An institution specialized in the fields of industrial convergence and standardization as a nonprofit corporation or organization incorporated under the Civil Act or any other Act.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 37 (Fees)
(1) Fees for certifying compliance payable under Article 34 of the Act shall be determined by the head of the competent central administrative agency following consultation with the consultative body for certification of compliance.
(2) In determining fees for certifying compliance under paragraph (1), the head of the competent central administrative agency shall take the following matters into account:
1. Expenses for permission, etc. under an individual statute, which is deemed granted under Article 13 (3) of the Act, and for conducting testing and inspections;
2. Level of difficulty of testing and inspections pertaining to convergence of a new product of industrial convergence.
 Article 38 (Delegation and Entrustment of Authority)
(1) The Minister of Trade, Industry and Energy shall delegate the following authority to the Administrator of the Korean Agency for Technology and Standards pursuant to Article 36 (1) of the Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 24955, Dec. 11, 2013; Presidential Decree No. 28435, Nov. 14, 2017>
1. Assistance with matters necessary for the application for certification of compliance under the latter part of Article 12 (1) with the exception of its subparagraphs;
2. Assistance in organization of a consultative body for certification of compliance under Article 13 (4).
(2) Pursuant to Article 36 (1) of the Act, the Minister of Science and ICT, the Minister of Trade, Industry and Energy, the Minister of Environment, and the Minister of Employment and Labor shall delegate the following authority over the matters under their jurisdiction to the heads of the institutions under their control specified in attached Table 3: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
1. Consultation under Article 12 (2) of the Act;
2. Cancellation of certification of compliance under Article 14 of the Act;
3. Making decisions on objections under Article 15 of the Act;
4. Hearings under subparagraph 1 of Article 33 of the Act;
5. Organization of a consultative body for certification of compliance, designation of public officials under their control, and commissioning of civilian experts, and request for assistance under Article 13;
6. Preparation of criteria, etc. for certification of compliance under Article 14 (1) of the Act;
7. Determination on whether to certify compliance under Article 16 (2);
8. Public notice of criteria for certification of compliance under Article 16 (4).
(3) The Minister of Science and ICT and the Minister of Environment shall delegate the following authority over the matters under their jurisdiction to the heads of the institutions under their control specified in attached Table 4: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28212, Jul. 26, 2017>
1. Receipt of objections and giving notifications under Article 15 of the Act;
2. Collection of fees under Article 34 of the Act;
3. Receipt of applications for certification of compliance under Article 12 (1);
4. Sending copies of applications to the heads of other competent central administrative agencies under Article 12 (2);
5. Giving notices on whether the relevant products are subject to the examination for certification of compliance under Article 12 (3);
6. Notification of the criteria for certification of compliance to applicants, institutions conducting testing and inspections for certification of compliance, and related institutions under Article 14 (1);
7. Receipt of the results of testing and inspections from testing and inspection institutions under Article 15 (2);
8. Notification of the results of testing and inspections under Article 16 (2);
9. Posting the results of certification of compliance on the website or publish them in the official gazette under Article 16 (3);
10. Receipt of applications for reissuance of certificates of compliance under Article 17.
(4) Pursuant to Article 36 (2) of the Act, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Commissioner of the National Fire Agency shall entrust the affairs under their jurisdiction (excluding matters authority of which is delegated under paragraph (3)) set forth in subparagraphs of paragraph (3) to related specialized institutions or organizations specified in attached Table 5: Provided, That, where the head of each central administrative agency deem necessary for facilitating tasks related to the certification of compliance, he/she may entrust said affairs to the center. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28212, Jul. 26, 2017; Presidential Decree No. 28435, Nov. 14, 2017>
(5) Upon entrusting tasks under paragraph (4), the head of the central administrative agency shall post the entity entrusted with such tasks, the tasks entrusted, etc., on its website or publish them in the official gazette. <Newly Inserted by Presidential Decree No. 28435, Nov. 14, 2017>
(6) Pursuant to Article 36 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the surveys and preparation of statistics related to industrial convergence referred to in Article 7 of the Act under his/her jurisdiction to the center. <Amended by Presidential Decree No. 24442, Mar. 23, 2013>
 Article 38-2 (Re-Examination of Regulation)
The Minister of Trade, Industry and Energy shall examine the appropriateness of the documents to be submitted when applying for certification of compliance of a new product of industrial convergence under Article 12 and the certification procedures every two years counting from January 1, 2015 (referring to a date before January 1 of every second year), and shall take measures, such as making improvements.
[This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
CHAPTER VII PENALTY PROVISIONS
 Article 39 (Imposition and Collection of Administrative Fines)
The criteria for the imposition of administrative fines under Article 39 (1) of the Act shall be as specified in attached Table 6.
ADDENDUM
This Decree shall enter into force on October 6, 2011.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24496, Apr. 5, 2013>
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. 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. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of the Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall respectively enter into force on the enforcement dates of such Presidential Decrees.
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.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 28435, Nov. 14, 2017>
This Decree shall enter into force on the date of its promulgation.