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BRAIN RESEARCH PROMOTION ACT

Act No. 5547, jun. 3, 1998

Amended by Act No. 6400, Jan. 29, 2001

Act No. 6811, Dec. 26, 2002

Act No. 8852, Feb. 29, 2008

Act No. 9089, jun. 5, 2008

Act No. 9932, Jan. 18, 2010

Act No. 10077, Mar. 17, 2010

Act No. 10870, Jul. 21, 2011

Act No. 11680, Mar. 23, 2013

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to efficiently foster and develop brain research through promoting its foundation and facilitating commercialization of its development technology, thereby contributing to national welfare improvement and national economy development.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11680, Mar. 23, 2013, Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The term "brain research" means brain science, medical and pharmacological brain science, brain engineering, and all related fields;
2. The term "brain science" means a basic study for a comprehensive understanding of the neurobiological structure of brain and advanced neural and mental activities, such as perception, cognition, linguistic psychology, and behaviors;
3. The term "medical and pharmacological brain science" means a study on finding causes of physical and mental diseases and disorders arising from defects in brain structure and functions and as a result of aging brain, and the treatment and prevention of such diseases and disorders;
4. The term "brain engineering" means a study of theories and technology for understanding brain structure and function for processing advanced information and for its engineering applications;
5. The term "relevant central administrative agency" means the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, and the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 3 (Scope of Application)
Except as otherwise expressly provided by any other Act, brain research shall be governed by this Act.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 4 (Responsibilities of Government, etc.)
(1) The Government shall devise policies for supporting brain research promotion and push them forward.
(2) Colleges, research institutes, enterprises, individuals and other entities that carry out brain research shall actively cooperate in the policies devised under paragraph (1).
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 5 (Establishment of Master Plans to Facilitate Brain Research)
(1) The head of each relevant central administrative agency shall submit a plan for brain research promotion under the jurisdiction of each agency and previous year’s outcomes to the Minister of Science and ICT. <Amended by Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall incorporate and adjust plans for brain research promotion submitted by the head of each relevant central administrative agency under paragraph (1), establish a master plan for brain research promotion (hereinafter referred to as "master plan") after deliberation by the Council for Comprehensive Biotechnology Policy under Article 6 of the Biotechnology Support Act (hereinafter referred to as the "Council"), and notify the heads of the relevant central administrative agencies of the master plan. The foregoing shall also apply to revisions to the master plan. <Amended by Act No. 10870, Jul. 21, 2011; Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) The master plan shall include the following matters:
1. Medium- and long-term goals and details of brain research;
2. A scheme for the expansion of investment resources necessary for brain research and its promotion plan;
3. A plan for brain research in various fields, such as education, industries, health and welfare, information and communications, and science and technology;
4. A comprehensive plan for the development and efficient utilization of human resources necessary for brain research;
5. A plan for the use and preservation of outcomes of brain research;
6. Other important matters necessary for the facilitation of brain research.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 6 (Formulation of Implementation Plans for Brain Research Promotion)
(1) The head of each relevant central administrative agency shall formulate and implement an implementation plan for brain research promotion each year (hereinafter referred to as "implementation plan") in accordance with the master plan.
(2) When the head of each relevant central administrative agency intends to formulate an implementation plan, he/she shall have a prior consultation with the Minister of Science and ICT thereon. <Amended by Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(3) If necessary, the Minister of Science and ICT may prepare basic guidelines necessary for formulating an implementation plan and notify the heads of the relevant central administrative agencies of such guidelines. <Amended by Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for the formulation and implementation of implementation plans shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 6-2 (Working Committee for Brain Research)
(1) A working committee for brain research may be established under the jurisdiction of the Minister of Science and ICT to deliberate in advance on issues to be referred to the Council. <Amended by Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) Organization and operation of the working committee for brain research referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10870, Jul. 21, 2011]
 Articles 7 and 8 Deleted. <by Act No. 10870, Jul. 21, 2011>
 Article 9 (Increasing Investment in Brain Research)
(1) The Government shall use its best efforts to boost investment in brain research within budgetary limits, in accordance with the scheme for increasing investment resources and its promotion plan referred to in Article 5 (3) 2.
(2) The Minister of Science and ICT shall prepare an annual plan for increasing investment in brain research after deliberation by the Council, and report it to the Presidential Advisory Council for Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended by Act No. 11680, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 10 (Cooperation in Research and Technology Development)
The Government shall endeavor to promote international cooperation in brain research and technology development and devise a scheme for introducing advanced technology, including dispatching professionals and inviting foreign experts.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 11 (Facilitation of Joint Research and Academic Activities)
In order to foster brain research and technology development efficiently, the Government shall facilitate a joint research between academia, research institutes, and industries and fully support related academic conferences and their activities.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 12 (Support to Related Industries)
The Government may provide support for manufacturing new technological products to facilitate commercialization of brain research outcomes.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 13 (Collection and Dissemination of Technical Information)
The Government shall endeavor to collect information on brain research and disseminate such information to relevant institutions.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 14 (Preparation of Brain Research Promotion Policies)
In order to efficiently facilitate brain research, the head of each relevant central administrative agency shall formulate policies specified by each of the following categories: <Amended by Act No. 11680, Mar. 23, 2013, Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. The Minister of Education: Policies for developing professionals to facilitate brain research and support for research on basic brain science, consulted with the Minister of Science and ICT;
1-2. The Minister of Science and ICT: Policies for facilitating the assistance in, and coordination of, the formulation of the master plan and implementation plans; development of basic and high-end technologies related to brain; support for research for the use and preservation of useful research outcomes; fostering of a public support system for brain research; development of technologies for application of brain research outcomes to information and communications and commercialization of the developed technologies;
2. The Ministry of Trade, Industry and Energy: Policies for facilitating the development of application technologies to efficiently apply brain research outcomes to manufacturing and industrial process and commercialization of the developed technologies;
3. The Minister of Health and Welfare: Policies for facilitating research on medical and pharmacological brain science related to health, medical services, etc.; development of application technologies by using such research outcomes; commercialization of the developed technologies.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 15 (Clinical Trials and Testing for Approval)
(1) The Government shall establish a system for clinical trials and testing for the approval of products concerned with brain research.
(2) Matters necessary for the establishment of a system for clinical trials and testing for approval pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 16 (Preparation, Implementation, etc. of Experiment Guidelines)
(1) The Government shall prepare and implement experiment guidelines for the facilitation of brain research and its commercialization.
(2) The experiment guidelines referred to in paragraph (1) shall contain proactive measures and safety standards to avoid biological risks, adverse effects on human beings, and ethical issues anticipated in brain research and commercialization process.
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
 Article 17 (Establishment of Research Institute)
(1) A government-funded research institute may be established for conducting, utilizing, and supporting brain research, as well as to maintain and develop a close cooperative system among brain-related academia, research institutes, and industries.
(2) The research institute referred to in paragraph (1) shall be a specific research institute subject to the Specific Research Institutes Support Act .
[This Article Wholly Amended by Act No. 10077, Mar. 17, 2010]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6811, Dec. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9089, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10077, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 5 of Article 2 and Article 14 shall enter into force on March 19, 2010.
ADDENDUM<Act No. 10870, Jul. 21, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11680, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 6 of this Addenda, amendments of Acts which are promulgated before this Act enters into force, but the date on which it enters into force has not arrived shall enter into force on the date the relevant Act enters into force.
Articles 2 through Article 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.