GWANGJU INSTITUTE OF SCIENCE AND TECHNOLOGY ACT
Act No. 4580, Aug. 5, 1993
Amended by Act No. 6351, Jan. 16, 2001
Act No. 6400, Jan. 29, 2001
Act No. 8852, Feb. 29, 2008
Act No. 9107, jun. 13, 2008
Act No. 9937, Jan. 25, 2010
Act No. 10866, Jul. 21, 2011
Act No. 11677, Mar. 23, 2013
Act No. 12757, Oct. 15, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to establish Gwangju Institute of Science and Technology in order to contribute to the development of national science and technology by training highly qualified science and technology professionals to lead innovations in cutting-edge science and technology, and by promoting cooperative research with industry as well as educational and research exchanges with foreign countries.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
Gwangju Institute of Science and Technology (hereinafter referred to as "GIST") shall be a body corporate.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 3 (Incorporation) |
| (1) | GIST shall be created upon completing registration for incorporation at the seat of its principal office. |
| (2) | Matters necessary for the registration for incorporation of GIST and other registrations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 4 (Articles of Association) |
| (1) | The articles of association of GIST shall include the following: |
| 3. | Seat of its principal office; |
| 4. | Matters concerning its affairs and management; |
| 5. | Matters concerning its assets and accounting; |
| 6. | Matters concerning its executives and employees; |
| 7. | Matters concerning its board of directors; |
| 8. | Matters concerning the amendment of its articles of association; |
| 9. | Matters concerning methods of official announcements. |
| (2) | When GIST amends its articles of association, it shall obtain approval from the Minister of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to approve amendment of the articles of association under paragraph (2), he/she shall obtain consent thereto from the Minister of Education in advance. <Newly Inserted by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| (1) | GIST shall have up to 15 directors, including one chairperson and one president, as well as one auditor; their terms of office shall be prescribed by the articles of association. |
| (2) | The directors and the auditor shall be appointed by the board of directors, as prescribed by the articles of association, and they shall obtain approval from the Minister of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to approve the appointment of the directors and the auditor under paragraph (2), he/she shall obtain prior consent from the Minister of Education. <Newly Inserted by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | The chairperson shall be elected from among the directors, as prescribed by the articles of association. |
| (5) | The chairperson shall not concurrently hold the office of president of GIST. |
| (6) | The president shall serve on a full-time basis, whereas other executives, excluding the president, shall serve on a part-time basis. |
| (7) | The auditor shall inspect affairs and audit accounts of GIST. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 6 (Board of Directors) |
| (1) | The board of directors shall be established in GIST in order to deliberate on and pass resolutions on important matters of GIST. |
| (2) | The board of directors shall be composed of the chairperson and directors. |
| (3) | The chairperson shall convene and preside over meetings of the board of directors. |
| (4) | The auditor may attend meetings of the board of directors and state his/her opinions. |
| (5) | In addition to matters provided for in paragraphs (1) through (4), matters concerning the board of directors shall be prescribed by the articles of association. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| (1) | GIST shall have a president. |
| (2) | The president shall represent GIST and exercise general supervision over its affairs. |
| (3) | The president shall be elected by the board of directors, as prescribed by the articles of association, and obtain approval from the Minister of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | Where the Minister of Science and ICT intends to approve the election of a president under paragraph (3), he/she shall obtain prior consent from the Minister of education. <Newly Inserted by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (5) | Duties and the term of office of the president and other necessary matters shall be prescribed by the articles of association. |
| (6) | The president shall not concurrently hold a position of faculty member or researcher. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 8 (Contributions) |
| (2) | Matters necessary for the payment and appropriation of contributions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 9 (Lending of National Property Free of Charge, etc.) |
| (1) | Where necessary for the establishment and operation of GIST, the Government may lend national property to GIST free of charge, or allow it to use or make a profit on national property free of charge. |
| (2) | Where the Government lends national property to GIST free of charge, or allows it to use or make a profit on national property free of charge pursuant to paragraph (1), the content and conditions thereof, procedures therefor, etc. shall be stipulated by contract entered into by and between the managing authorities of the relevant property and GIST. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 9-2 (Profit-Making Business) |
| (1) | GIST may conduct profit-making business in so far as it does not interfere with education and research activities, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Profits under paragraph (1) shall be appropriated for the management of GIST. |
[This Article Newly Inserted by Act No. 9937, Jan. 25, 2010]
| Article 10 (Business Year) |
The business year of GIST shall coincide with the fiscal year of the Government.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 11 (Submission of Business Plan, etc.) |
| (1) | GIST shall submit a business plan and budget to the Minister of Science and ICT and obtain his/her approval before the commencement of each business year, as prescribed by Presidential Decree. In such cases, it shall submit a business plan and budget on academic affairs also to the Minister of Education. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | GIST shall submit a settlement of accounts concerning revenue and expenditure of each business year examined by a certified public accountant or accounting firm designated by the Minister of Science and ICT to the foregoing Minister. In such cases, it shall submit a settlement of accounts concerning revenue and expenditure on academic affairs also to the Minister of Education. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Among the items mentioned in the settlement of accounts specified in paragraph (2), any of the following may be excluded from the subjects of audit and inspection by a certified public accountant or accounting firm: |
| 1. | Research tasks constituting State secrets; |
| 2. | Affairs directly related to subparagraph 1; |
| 3. | Research tasks on which GIST is requested to protect secrets by an consigning enterprise, etc. among tasks consigned by enterprises. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 12 (Support, Coordination, etc.) |
The Minister of Science and ICT shall support and foster GIST, and coordinate and supervise its affairs. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 13 (Academic Degree Courses, etc.) |
| (1) | GIST shall provide doctorate, master's and bachelor's degree courses. |
| (2) | The president shall determine matters concerning the number of years required for completing a course of study, semesters, the number of school days, departments, majors, subjects, etc. for each course of study under paragraph (1), as prescribed by Presidential Decree, and report such matters to the Minister of Education and the Minister of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Except as otherwise provided for in this Act, the Higher Education Act shall apply to the conferment of a degree of doctorate, master's and bachelor's degree course, qualifications for faculty members, entrance qualifications, methods of entrance, etc. referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 14 (Faculty Members and Researchers) |
| (1) | GIST may employ professors, associate professors and assistant professors as faculty members, and when necessary, employ visiting professors, instructors, etc. <Amended by Act No. 10866, July 21, 2011> |
| (2) | GIST shall employ researchers necessary for conducting research on science and technology. |
| (3) | Qualifications for faculty members under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 15 (Appointment and Dismissal of Faculty Members) |
The president shall appoint and dismiss faculty members of GIST, as prescribed by the articles of association.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 16 (Conferment of Degrees) |
The president shall confer doctorate, master's and bachelor's degrees, as prescribed by the GIST Regulations.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
The president shall determine the fixed number of students, entrance qualifications, and methods of entrance of GIST, as prescribed by Presidential Decree, and report thereon to the Minister of Education and the Minister of Science and ICT. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 18 (Promotion of International Exchanges) |
The Minister of Science and ICT may recommend the president to invite foreign faculty members or take measures for the study of foreign students in GIST in order to improve the quality of education at GIST and promote academic exchanges with foreign countries. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 19 (Establishment, etc. of Fund) |
| (1) | Where necessary to raise and supply funds necessary for efficient pursuit of research and development of science and technology and the operation of academic affairs, GIST may establish a Fund. |
| (2) | The Fund referred to in paragraph (1) shall be financed from: |
| 1. | Contributions or donations of persons other than the Government; |
| 2. | Earnings from the administration of the Fund; |
| 3. | Other income prescribed by Presidential Decree. |
| (3) | The Fund referred to in paragraph (1) shall be appropriated for any of the following purposes: |
| 1. | Disbursement of funds for research and development of science and technology; |
| 2. | Disbursement of funds for the establishment and operation of large-scale educational and research facilities; |
| 3. | Disbursement of funds necessary for other projects prescribed by Presidential Decree to achieve the objectives of the establishment of the Fund. |
| (4) | In addition to matters provided for in paragraphs (1) through (3), matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 20 (Contribution, etc.) |
| (1) | Any person who contributes land, research facilities, or research equipment and materials to GIST may use such land, research facilities or research equipment and materials jointly with GIST for a certain period. |
| (2) | Matters necessary for procedures for contribution and joint use of land, research facilities, or research equipment and materials shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 21 (Submission of Research Plan and Research Report) |
| (1) | GIST shall submit a research plan and a research report to the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That this shall not apply to research under a consignment contract. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall deliberate on and evaluate a research plan and a research report which he/she has received pursuant to paragraph (1), and where necessary, may have GIST take necessary measures, such as revision or supplementation of such research plan and the content of conducted research or recommend diffusion of research outcomes. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 22 (Joint Research on Specific Tasks, etc.) |
Where necessary to conduct joint research on a specific task, the Minister of Science and ICT may take appropriate measures necessary therefor, or recommend that the president of GIST take necessary measures. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 23 (Joint Use of Research Facilities, etc.) |
GIST shall endeavor to jointly use research facilities, apparatus, etc. in consultation with other research institutions, universities, specialized organizations, etc. for improvements in research productivity and efficient use of research facilities. In such cases, any institution using research facilities, apparatus, etc. shall bear relevant expenses.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 24 (Prohibition of Use of Same Name) |
No person, other than GIST under this Act, shall use the name “Gwangju Institute of Science and Technology.”
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 25 (Duty to Keep Information Confidential) |
No current or former executive or employee of GIST shall divulge or misappropriate confidential information he/she has learned in the course of his/her duty.
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 26 (Application Mutatis Mutandis of Civil Act) |
Except as provided for in this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to GIST. [This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 27 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 28 (Penalty Provisions) |
Any person who divulges or misappropriates confidential information, in violation of Article 25, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 12757, Oct. 15, 2014> [This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
| Article 29 (Administrative Fines) |
| (1) | Any person who uses the name “Gwangju Institute of Science and Technology,” in violation of Article 24, shall be punished by an administrative fine not exceeding one million won. |
| (2) | The Minister of Science and ICT shall impose and collect the administrative fine under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 11677, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9937, Jan. 25, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
GIST shall generally inherit rights and obligations which were acquired by the Minister of Science and Technology or the President of Korea Advanced Institute of Science and Technology for the incorporation of GIST before the registration of incorporation under Article 3 of Addenda.
Article 3 (Preparation for Incorporation)
| (1) | The Minister of Science and Technology shall commission up to five incorporators within 30 days from the date this Act enters into force and have them conduct business for the incorporation of GIST. |
| (2) | The incorporators shall prepare the articles of association of GIST and obtain approval from the Minister of Science and Technology. In such cases, when the Minister of Science and Technology intends to approve the articles of association, he/she shall obtain consent from the Minister of Education. |
| (3) | Notwithstanding Articles 5 and 7, the Minister of Science and Technology shall appoint the directors, auditor, and president of GIST at the time of incorporation. |
| (4) | When the incorporators obtain approval under paragraph (2), they shall transfer business to the president after completing the registration of incorporation of GIST under joint signature without delay. |
| (5) | The incorporators shall be deemed decommissioned when the transfer of business under paragraph (4) is completed. |
ADDENDUM <Act No. 6351, Jan. 16, 2001>
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.
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.
ADDENDUM <Act No. 9107, Jun. 13, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9937, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force one month after the date of its promulgation. |
| (2) | (Transitional Measures concerning Change of Title of President) The president under the former provisions at the time this Act enters into force shall be deemed the president under this Act. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
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. 11677, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12757, Oct. 15, 2014>
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 the Addenda, the amendments to Acts, which have been promulgated before the effective date of this Act but have not come into force, shall respectively enter into force on the date the relevant Acts enter into force.
Articles 2 through 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.