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ENFORCEMENT DECREE OF THE BRAIN RESEARCH PROMOTION ACT

Presidential Decree No. 15924, Nov. 6, 1998

Amended by Presidential Decree No. 16326, May 24, 1999

Presidential Decree No. 17115, Jan. 29, 2001

Presidential Decree No. 19513, jun. 12, 2006

Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 23224, Oct. 17, 2011

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 28210, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Brain Research Promotion Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 2 (Reporting on Outcomes of Implementation)
(1) Pursuant to Article 5 (1) of the Brain Research Promotion Act (hereinafter referred to as the "Act"), the Minister of Education, the Minister of Science and ICT, the Minister of Trade, Industry and Energy and the Minister of Health and Welfare (hereinafter referred to as "head of a relevant central administrative agency") shall submit previous year’s outcomes of brain research promotion under the jurisdiction of each agency to the Minister of Science and ICT by the end of February each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 27, 2017>
(2) The Minister of Science and ICT shall integrate the outcomes submitted under paragraph (1) with previous year’s outcomes of the Ministry of Science and ICT and report it to the Council for Comprehensive Biotechnology Policy established under Article 6 of the Biotechnology Support Act (hereinafter referred to as the "Council"). <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 3 (Establishment of Master Plan for Brain Research Promotion)
(1) Pursuant to Article 5 (1) of the Act, the head of each relevant central administrative agency shall submit a plan for promoting brain research under the jurisdiction of each agency to the Minister of Science and ICT by the end of February of the previous year before the start of the master plan for brain research promotion under Article 5 (2) of the Act (hereinafter referred to as "master plan"). <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
(2) The Minister of Science and ICT shall formulate a master plan every five years. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 4 (Formulation of Implementation Plans for Brain Research Promotion)
When the head of each relevant central administrative agency intends to consult with the Minister of Science and ICT on the formulation of an implementation plan for brain research promotion (hereinafter referred to as "implementation plan") under Article 6 (2) of the Act, he/she shall submit a draft implementation plan of the agency concerned to the Minister of Science and ICT by the end of February each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 5 (Requests for Provision of Data)
The Minister of Science and ICT may request heads of the relevant central administrative agencies to provide necessary data when preparing basic guidelines necessary for establishing implementation plans under Article 6 (3) of the Act. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Articles 6 through 9 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>
 Article 10 (Organization and Operation of Working Committee for Brain Research)
(1) The working committee for brain research established under Article 6-2 (1) of the Act (hereinafter referred to as "Working Committee") shall consist of up to 20 members, including one chairperson.
(2) The Chairman of the committee shall be assigned from among general or special officials belonging to the Ministry of Science and ICT, and committee members shall be assigned from among persons falling under each of the follows subparagraphs: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 27, 2017>
1. Each person respectively designated by the head of a relevant agency he/she belongs to from among Grade III public officials (including public officials in extraordinary civil service corresponding thereto), public officials in general or extraordinary civil service of the Senior Civil Service Corps of the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, and the Ministry of Health and Welfare;
2. A person commissioned by the Minister of Science and ICT, who has abundant knowledge and experience in brain research as a brain research expert working for academia, research institutes, or industries.
(3) The term of office of Working Committee members shall be two years.
(4) A member newly commissioned due to the resignation, etc. of a member referred to in paragraph (2) 2 shall serve for the remainder of his/her predecessor's term of office.
(5) The chairperson of the Working Committee shall convene and preside over the meetings of the Working Committee.
(6) A meeting of the Working Committee shall be held with a majority of all incumbent members present, and any resolution thereof shall be passed with the affirmative vote of a majority of those present at the meeting.
(7) The Working Committee may organize and operate subcommittees under its jurisdiction to expertly review agenda concerning brain science, medical and pharmacological brain science, brain engineering fields.
(8) Unless otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the organization and operation of the Working Committee and subcommittees shall be determined by the chairperson of the Working Committee, following a resolution by the Working Committee.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 11 (Hearing of Opinions)
The Working Committee may require related public officials or experts with specialized knowledge and experience in brain research to attend a meeting of the Working Committee and present their opinions, if deemed necessary in relation to matters to be deliberated on, etc.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 12 (Allowances)
Committee members, related public officials or experts who attend a meeting of the Working Committee may be reimbursed for allowances or actual expenses within budgetary limits: Provided, That the same shall not apply where a public official attends a meetings in direct relation to his/her duties.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 13 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>
 Article 14 (Support for Joint Research)
In order to facilitate a joint research on brain and its technology development among academia, research institutes and industries under Article 11 of the Act, the Minister of Science and ICT may encourage a joint procurement of research equipments and reagents and sharing of research facilities, and may provide support necessary for such activities. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 15 (Support for Manufacturing New Technological Products)
(1) In order to support the manufacturing of new technology products, which leads to commercialization of the brain research outcomes under the jurisdiction of each agency pursuant to Article 12 of the Act, the Minister of Science and ICT and the heads of relevant central administrative agencies may request the heads of the relevant administrative agencies to take necessary measures, such as financial assistance and preferential purchase of the products, after deliberation by the Council. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
(2) Upon receipt of a request made under paragraph (1), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 16 (Preparation of Guidelines for Clinical Trials and Testing for Approval)
(1) In order to establish a clinical trials and testing system for the approval of products related to brain research under Article 15 of the Act, the Minister of Science and ICT and the heads of the relevant central administrative agencies shall prepare and implement guidelines for clinical trials and testing for approval, after deliberation by the Council: Provided, That the same shall not apply where any other Act and subordinate statutes prescribe otherwise. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
(2) Guidelines for clinical trials and testing for approval referred to in paragraph (1) shall include the following: Provided, That the same shall not apply where guidelines cannot be formulated due to special characteristics of products related to brain research:
1. Animal tests and clinical trials of products produced or manufactured through brain research;
2. Matters concerning the analysis of components, purity, etc. of products produced or manufactured through brain research;
3. Other matters necessary for clinical trials and testing for the approval of products related to brain research.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
 Article 17 (Preparation and Implementation of Experiment Guidelines)
The Minister of Science and ICT and the heads of relevant central administrative agencies shall prepare and implement experiment guidelines specific to their agencies under Article 16 of the Act, after deliberation by the Council. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 27, 2017>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23224, Oct. 17, 2011>
This Decree shall enter into force on October 22, 2011.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 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 amendments of Presidential Decrees promulgated before this Decree enters into force but the date on which it enters into force has not arrived shall enters into force on the date the relevant Acts enters into force.
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.