REGULATIONS ON THE MANAGEMENT OF NATIONAL RESEARCH AND DEVELOPMENT PROJECTS
Wholly Amended by Presidential Decree No. 22328, Aug. 11, 2010
Amended by Presidential Decree No. 22721, Mar. 28, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23527, Jan. 25, 2012
Presidential Decree No. 23788, May 14, 2012
Presidential Decree No. 24396, Feb. 22, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 24764, Sep. 26, 2013
Presidential Decree No. 25495, Jul. 21, 2014
Presidential Decree No. 25544, Aug. 12, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25779, Nov. 28, 2014
Presidential Decree No. 26500, Aug. 24, 2015
Presidential Decree No. 26729, Dec. 22, 2015
Presidential Decree No. 27369, Jul. 22, 2016
Presidential Decree No. 27482, Sep. 5, 2016
Presidential Decree No. 28043, May 8, 2017
Presidential Decree No. 28210, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015>
| 1. | The term "national research and development project" means a research and development project in the field of science and technology, which is specified by a central administrative agency as a task of research and development on the basis of statutes and all or some of the research and development expenses of which is contributed by it or subsidized by public funds, etc.; |
| 2. | The term "managing research institute" means an institute that performs a research and development task of a research and development project as a manager thereof among national research and development projects (hereinafter referred to as "research and development task"); |
| 3. | The term "collaborative research institute" means an institute that performs a research and development task in cooperation with a managing research institute by performing and managing details of the research and development task (hereinafter referred to as "detailed task") as determined by an agreement, where a research and development task is divided into at least two detailed tasks; |
| 4. | The term "joint research institute" means an institute that promotes a research and development task jointly with a managing research institute or a detailed task jointly with a collaborative research institute by sharing it as determined by an agreement; |
| 5. | The term "entrusted research institute" means an institute which performs part of a research and development task or of a detailed task entrusted by a managing research institute, in accordance with an agreement; |
| 6. | The term "specialized institution" means an institution established or designated by the head of a central administrative agency to perform on his/her behalf the affairs related to the planning, management, evaluation, utilization, etc., of national research and development projects under his/her control under Article 11 (4) of the Framework Act on Science and Technology (hereinafter referred to as the "Act"); |
| 7. | The term "implementation" means the use (including the production of goods by using the outcomes of research and development), transfer (including the transfer of technology), lending, or exportation of the outcomes of research and development under Article 11-4 (1) of the Act; |
| 8. | The term "royalties" means a price that a licensee shall pay to the State, a specialized institution, or an agency that holds the ownership of the outcomes of research and development in consideration of a license to implement the outcomes of research and development (hereinafter referred to as "license") under Article 11-4 (1) of the Act; |
| 9. | The term "participant enterprise" means an enterprise that bears part of research and development expenses incurred in conducting the relevant research and development task for implementing the outcomes of research and development, any of industrial technology research cooperatives established under the Industrial Technology Research Cooperatives Support Act, or any other institution designated by the head of a central administrative agency; |
| 10. | The term "contribution" means research expenses paid by the State, etc. to a research performing institute from budget, funds, etc. without any benefit in return in order to achieve the objectives of a national research and development project; |
| 11. | The term "technology implementation contract" means a contract concluded between a person who holds the ownership of the outcomes of research and development and a person who intends to implement them on the details of the license to implement, royalties, payment methods for royalties, etc.; |
| 12. | The term "basic research stage" means a theoretical or experimental research not directly targeted at particular application or business, but performed to acquire new knowledge of phenomena and observable facts; |
| 13. | The term "application research stage" means a creative research conducted by utilizing knowledge obtained at the basic research stage to acquire new scientific knowledge mainly for practical purposes; |
| 14. | The term "development research stage" means a systematic research conducted to produce new products, devices, or services or to substantially improve things already produced or installed by utilizing knowledge acquired at the basic research stage, application research stage, and through actual experience; |
| 15. | The term “international joint research” means a research and development task which is conducted based on joint investments in research and development expenses, etc. incurred in performing such task made together with a foreign government, corporation, organization, or individual. |
| Article 3 (Scope of Application) |
This Decree shall not apply to the following projects: <Amended by Presidential Decree No. 25544, Aug. 12, 2014>
| 2. | Projects performed by the Agency for Defense Development established under the Act on the Agency for Defense Development; |
| 3. | Basic projects (referring to projects performed with the budget directly contributed by the Government to achieve the purposes of establishment of specialized manufacturing technology research institutes according to the articles of incorporation thereof) of specialized manufacturing technology research institutes established pursuant to Article 42 of the Industrial Technology Innovation Promotion Act. |
CHAPTER II PLANNING, MANAGEMENT AND EVALUATION OF NATIONAL RESEARCH AND DEVELOPMENT PROJECTS
SECTION 1 Planning and Public Announcement of National Research and Development Projects
| Article 4 (Pre-Survey and Planning) |
| (1) | Where the head of a central administrative agency intends to promote a national research and development project, he/she shall conduct a pre-survey or planning research on the technical and economic validity, etc. of the project. <Amended by Presidential Decree No. 24396, Feb. 22, 2013> |
| (2) | Where the head of a central administrative agency conducts a pre-survey or planning research under paragraph (1), he/she shall examine trends in patent, technology, standardization, and standard patent in and outside the Republic of Korea (trends in standardization and standard patent to be examined only where necessary to link the outcomes of research and development with standardization and standard patent): Provided, That the foregoing shall not apply to the following cases: <Newly Inserted by Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Where the head of a central administrative agency deems the examination of trend is unnecessary in cases of a pre-survey or planning research on a national research and development project at the stage of basic research; |
| 2. | Where a pre-survey or planning research is conducted to promote a short-term project - a national research and development project - spanning not more than two years that is deemed appropriate to be performed by small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small and medium enterprises") as a managing research institute. |
| (3) | In formulating a plan for a new national research and development project, the head of a central administrative agency shall endeavor to strengthen linkage among national research and development projects, such as consulting with the heads of relevant central administrative agencies, to evade overlapping with any other project; and in cases of a national research and development project for which the Minister of Science and ICT or the National Science and Technology Council established under Article 9 of the Act (hereinafter referred to as the "National Science and Technology Council") brings up the necessity of joint planning among central administrative agencies, he/she shall jointly conduct the planning in consultation with heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | In promoting a national research and development project, the head of a central administrative agency shall, in order to enhance the efficiency of the research and development, encourage international links and cooperation, such as international joint cooperation, exchange of human resources with foreign countries, and international academic activities. |
| (5) | In promoting a national research and development project, where deemed necessary to carry forward the research cooperatively among schools defined in subparagraphs of Article 2 of the Higher Education Act, universities or colleges established under other statutes (hereinafter referred to as "universities and colleges"), Government-funded research institutes, specific research institutes, and the industry, the head of a central administrative agency shall encourage cooperation among the industry, academy, and research institutes by means of joint planning, research and commercialization, technology transfer and counselling, and joint utilization of resources held. <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (6) | Where the head of a central administrative agency intends to promote a new national research and development project, he/she shall plan the project in detail on the basis of the outcomes of a pre-survey or planning research conducted under paragraph (1) before the budget is compiled, and submit such project proposal together as at the time he/she submits a request for budget related to the national research and development projects to the Minister of Science and ICT pursuant to Article 12-2 (4) of the Act: Provided, That where the head of a central administrative agency deems it necessary to urgently promote a project demanded by the public, such as in the event of a disaster, catastrophe, or national health-related emergency, he/she may postpone the deadline for the submission of such project proposal by up to one year after consulting with the Minister of Science and ICT. <Newly Inserted by Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (7) | The matters that shall be included in a detailed project proposal to be submitted to the Minister of Science and ICT pursuant to paragraph (6) are as follows: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Objectives of the national research and development project, details of, and system for, promotion thereof; |
| 2. | Measures for adjusting matters related to affairs under the jurisdiction of any other central administrative agency (applicable only if any matter requires such adjustment); |
| 3. | A plan for evaluation of the national research and development project; |
| 4. | Scale of resources required and measures for securing human resources; |
| 5. | Outcomes of feasibility study on Governmental support; |
| 6. | A plan to utilize the outcomes of research and development and the expected effects thereof; |
| 7. | Trends in patent, technology, standardization, and standard patent in or out of the Republic of Korea (applicable only where these are examined in accordance with the main sentence of paragraph (2)). |
| Article 5 (Technology Demand Survey) |
| (1) | The head of a central administrative agency shall conduct a technology demand survey periodically, and discover research and development tasks by reflecting the outcomes thereof: Provided, That the outcomes of a demand survey need not be reflected in cases of a research and development task, the outcomes of which are made to be directly submitted by a researcher who intends to participate in the research, or a research and development task that is urgent or that must be performed strategically. |
| (2) | When a technology demand survey is conducted under paragraph (1), the head of a central administrative agency shall take measures to utilize the outcomes thereof jointly with the relevant agencies. |
| (3) | Matters to be included in a technology demand survey under paragraph (1) shall be as follows: |
| 1. | Objectives of development and details of the proposed technology; |
| 2. | Research and development trend of the proposed technology and ripple effects of such technology; |
| 3. | Market trend and size of the proposed technology; |
| 4. | Period for developing the proposed technology, size and type of Governmental support; |
| 5. | A system for promoting research and development of the proposed technology; |
| 6. | Focus of evaluation of the proposed technology. |
| Article 6 (Public Announcement and Application) |
| (1) | For promoting national research and development projects, the head of a central administrative agency shall publicly announce a detailed plan by project in advance at least for 30 days: Provided, That public announcement may be omitted, in any of the following cases: <Amended by Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 26729, Dec. 22, 2015> |
| 1. | In cases of a field that could have an impact on national security, society, and economy; |
| 2. | In cases of international joint research conducted in accordance with a memorandum of understanding, etc. with a foreign government; |
| 3. | In cases of a national research and development project for which the head of a central administrative agency designates a research and development task and an institute to perform the task, deeming that it is essential for the State to take a leading role for the project or that competition is unnecessary. |
| (2) | Matters to be included in a public announcement under paragraph (1) shall be as follows: <Amended by Presidential Decree No. 23788, May 14, 2012> |
| 1. | Purpose of promoting a national research and development project, and the details and period thereof; |
| 2. | Qualifications required for applying for a research and development task; |
| 3. | Procedures and schedule for the selection of a research and development task; |
| 4. | Procedures for deliberation and evaluation for selection of a research and development task; |
| 5. | Criteria for deliberation and evaluation for the selection of a research and development task; |
| 6. | Security level of a research and development task under Article 24-4; |
| 7. | Other matters determined by the head of a central administrative agency. |
| (3) | When the head of a central administrative agency makes a public announcement under paragraph (1), he/she shall post the details of the public announcement on the National Science and Technology Information System (referring to the National Science and Technology Information System under Article 11-2 (2) of the Act; hereinafter the same shall apply). |
| (4) | A person who intends to perform or participate in a national research and development project shall formulate a research and development plan, including the following matters, and file an application for a research and development task with the head of a relevant central administrative agency or the head of a specialized institution: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28043, May 8, 2017> |
| 1. | Necessity for research and development; |
| 2. | Objectives and details of research and development; |
| 3. | Point of view of, and criteria for, evaluation; |
| 4. | Promotion strategy, method, and system of research and development; |
| 5. | A plan for promotion of international joint research (applicable only to cases of international joint research); |
| 6. | Expected outcomes and a plan for utilization of the outcomes of research and development; |
| 7. | Major research outcomes, research papers presented and published, current participation in national research and development projects: Provided, That matters registered on the National Science and Technology Information System may be excluded; |
| 7-2. | A statement detailing research and development expenses; |
| 8. | Classification of security levels under Article 24-4 and reasons for such determination; |
| 9. | Deleted. <by Presidential Decree No. 28043, May 8, 2017> |
| (5) | Notwithstanding paragraph (4), in order to apply for a research and development task of a national research and development project the head of a central administrative agency deems necessary, a research and development proposal including the matters provided for in paragraph (4) 1 through 6, shall be prepared. In such cases, a research and development plan prescribed in paragraph (4) shall be prepared and submitted as prescribed by the head of the central administrative agency before the research and development task is selected under Article 7. <Newly Inserted by Presidential Decree No. 28043, May 8, 2017> |
| (6) | Forms of a research and development plan and research and development proposal formulated under paragraphs (4) and (5) shall be determined by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
SECTION 2 Selection of Research and Development Tasks
| Article 7 (Selection of Research and Development Tasks) |
| (1) | When the head of a central administrative agency intends to select a research and development task, he/she shall organize and operate an evaluation group of the research and development task to maintain objectivity: Provided, That an evaluation group need not be organized if necessary for national security, such as where the task is classified as one of those under Article 24-4 (1) 1 (hereinafter referred to as "classified task"). <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (2) | In organizing and operating an evaluation group of a research and development task under paragraph (1), the head of a central administrative agency shall maintain professionalism in evaluation by securing the adequate number of professionals by detailed technology from among a group of candidates for evaluators under Article 25 (10) and maintain fairness in evaluation by excluding interested persons from the evaluation group. In such cases, any interested person shall voluntarily abstain therefrom. <Amended by Presidential Decree No. 24764, Sep. 26, 2013> |
| (3) | When the head of a central administrative agency selects a research and development task, he/she shall examine the following matters: Provided, That the cases of subparagraph 11 shall be limited to a research and development task at the application research stage or at the development research stage: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Creativity and faithfulness of a research and development plan; |
| 1-2. | Connectivity with the objectives of a national research and development project; |
| 2. | Levels of research environments, such as human resources, facilities, and equipment for research; |
| 3. | Overlapping with any research and development task which has been promoted or is being promoted as a national research and development project (excluding where it is necessary to have a number of research institutes perform the same or similar research and development task for efficiently managing the research and development task); |
| 4. | Adequacy of the security levels classified pursuant to Article 6 (4) 8; |
| 5. | Adequacy of installation of research facilities and equipment; |
| 6. | Possibility of linkage and cooperation in or out of the Republic of Korea in performing the research and development task; |
| 7. | Effects resulting from the outcomes of research and development; |
| 8. | Usefulness of the outcomes of research and development, such as technology transfer, commercialization, and follow-up research; |
| 9. | Levels of research capacity and research ethics of a person in charge of research; |
| 10. | Deleted; <by Presidential Decree No. 28043, May 8, 2017> |
| 11. | Whether any publicly announced technology or intellectual property right exists (excluding the cases of tasks, the managing research institutes of which are small and medium enterprises and the period of which does not exceed one year). |
| (4) | When the head of a central administrative agency selects research and development tasks, he/she shall give preference to research and development tasks for which researchers specified in subparagraphs 1 through 3 apply and may give preference to research and development tasks for which researchers specified in subparagraphs 4 through 7 apply or to research and development tasks specified in subparagraphs 8 and 9: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A researcher who is found as a result of the evaluation conducted under Article 16 (1) to have produced outstanding outcomes of research and development in the recent three years; |
| 2. | A researcher who has received a prize under Article 17 (9) in the recent three years; |
| 3. | A researcher who has achieved outstanding outcomes of technology transfer in the recent three years; |
| 4. | A researcher who has received a prize from a well-known domestic or overseas organization, etc. related to science and technology in the recent three years; |
| 5. | A researcher who belongs to a research institute located at an isolated area of research and development designated by the Minister of Science and ICT; |
| 6. | A researcher who has performed a classified task in the recent three years; |
| 7. | Other researchers deemed requiring preferential treatment by the head of a central administrative agency; |
| 9. | A research and development task of international joint research, where a foreign government, corporation, organization, or individual bears some of the research and development expenses. |
| (5) | In selecting research and development tasks, the head of a central administrative agency may treat an applicant for a research and development task unfavorably by, such as deducting points, if it is filed by a person who, as a person in charge of a research and development task, has committed any offense falling under subparagraphs of Article 30 (1) (hereinafter referred to as "research misconduct") or received low rating as a result of the final evaluation in the recent three years. |
| (6) | Deleted. <by Presidential Decree No. 23788, May 14, 2012> |
| (7) | Upon selection of a research and development task, the head of a central administrative agency shall, pursuant to Article 6 (4) or the former part of paragraph (5), notify applicants for a research and development task and the head of a specialized institution of the outcomes of evaluation, including the list of persons who have participated in the evaluation for selection of a research and development task (hereinafter referred to as "evaluators") and a comprehensive opinion on evaluation (excluding evaluation points and opinions by evaluator) offered by the evaluation group of a research and development task under paragraph (1). <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 28043, May 8, 2017> |
| (8) | The head of a central administrative agency may select a research and development task deemed necessary to be promoted for a long period of time among selected research and development tasks as a continuing task within ten years. |
| (9) | The head of a central administrative agency may operate a system for raising appeals against the outcomes of selection of a research and development task under paragraph (7). |
| (10) | Criteria for selection of evaluators for securing professionalism and fairness of evaluation under paragraph (2) shall be as prescribed in attached Table 1, and criteria for and methods of preferential treatment and subtraction of points in selecting a research and development task under paragraph (4) or (5) shall be as prescribed in attached Table 1-3. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012> |
| (11) | When the head of a central administrative agency examines overlapping of research and development tasks under paragraph (3) 3, he/she shall utilize the National Science and Technology Information System under Article 25 (1), and where any overlapping is suspected as the result of such examination, he/she shall render a judgement on whether the research and development tasks are overlapped: Provided, That where any competition or mutual supplementation is necessary, he/she may choose not to judge them as overlapping tasks. <Newly Inserted by Presidential Decree No. 23788, May 14, 2012> |
| Article 8 (Supplementation and Submission of Research and Development Plans) |
| (1) | Upon receiving a notification on selection of a research and development task under Article 7 (7), the head of a managing research institute shall supplement and submit, in the form of an electronic message, a research and development plan which has been submitted under Article 6 (4) or the latter part of paragraph (5), to the head of a relevant central administrative agency or the head of a specialized institution within 15 days from the date of receipt of such notification, except in extenuating circumstances: Provided, That in cases of a task selected as a continuing task under Article 7 (8), he/she shall submit documents on the outcomes of performance in the relevant year and a research plan for the following year (hereinafter referred to as "annual performance record and plan") from the second year, by electronic messages in lieu of a research and development plan. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 28043, May 8, 2017> |
| (2) | An annual performance record and plan shall include matters prescribed in subparagraphs of Article 6 (4), and the forms of the annual performance record and plan shall be determined by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 9 (Conclusion of Agreements) |
| (1) | The head of a central administrative agency shall enter into an agreement, preferentially providing for the following matters, with the head of a managing research institute on a research and development task selected under Article 7 within one month from the date the head of the managing research institute is notified of selection (or within two months from the date he/she is notified of selection, in cases of international joint research): <Amended by Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28043, May 8, 2017> |
| 1. | Plan for a research and development task; |
| 2. | Matters concerning participant enterprises; |
| 3. | Matters concerning the payment method, use, and management of research and development expenses; |
| 4. | Matters concerning reporting of the outcomes of research and development; |
| 5. | Matters concerning the ownership and utilization of the outcomes of research and development; |
| 6. | Matters concerning the registration and entrustment of the outcomes of research and development; |
| 7. | Matters concerning the collection and use of royalties; |
| 8. | Matters concerning the evaluation of the outcomes of research and development; |
| 9. | Matters concerning the securement of research ethics and the prevention of research misconduct; |
| 10. | Matters concerning modification and cancellation of an agreement; |
| 11. | Measures concerning the violation of an agreement; |
| 12. | Matters concerning consent to the collection and utilization of information related to research and development, including a plan for research and development tasks, research reports, the outcomes of research and development, and participating human resources; |
| 13. | Matters concerning the registration and management of research facilities and equipment acquired (referring to those acquired through development or purchase; hereinafter the same shall apply) in the course of conducting research; |
| 14. | Matters concerning the management of security of a research and development task; |
| 15. | Matters concerning the preparation and management of research notes under Article 29 (1) (hereinafter referred to as "research notes"); |
| 17. | Other matters necessary for research and development. |
| (2) | Notwithstanding the provisions of paragraph (1), the head of a central administrative agency may promote a national research and development project by entering into an en bloc agreement with the head of a specialized institution or by approving a research and development project plan of the specialized institution. In such cases, the head of the specialized institution shall enter into an agreement individually with the head of each managing research institute. |
| (3) | The head of a central administrative agency may enter into a multi-year agreement for a continuing task selected under Article 7 (8). |
| (4) | Where an agreement is concluded with the head of a managing research institute under any of paragraphs (1) through (3), the head of a central administrative agency or the head of a specialized institution shall give an identification number to each research and development task for efficiently managing the research and development task. |
| (5) | The Minister of Science and ICT shall determine and publicly notify the method of giving identification numbers by research and development task under paragraph (4) after consulting with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The head of a central administrative agency or the head of a specialized institution may enter into an agreement under paragraphs (1), (2) (excluding where the head of a central administrative agency enters into an en bloc agreement with the head of a specialized institution), and (3) by means of an electronic message (applicable only to that with a certified digital signature defined in subparagraph 3 of Article 2 of the Digital Signature Act). |
| Article 10 (Modification of Agreements) |
| (1) | If any of the following causes occurs, the head of a central administrative agency may modify the terms of an agreement, as prescribed by the agreement: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | Where the head of a central administrative agency deems it necessary to modify the terms of the agreement; |
| 2. | Where the head of a managing research institute or the head of a specialized institution requests to modify the terms of the agreement due to any change in a managing research institute, person in charge of research, objectives of research, participant enterprises, research period, etc.; |
| 3. | In cases of a research and development task for which a multi-year agreement (hereinafter referred to as "task under a multi-year agreement") has been concluded under Article 9 (3), where any necessity for modification of the terms of an agreement arises due to budget reasons of the Government, outcomes of evaluation of an annual performance record and plan of the relevant research and development task, etc.; |
| 4. | Where it is necessary to modify the terms of an agreement for international joint research in consideration of changes in foreign exchange rates, changes in the domestic or international situations, etc. |
| (2) | When any term of an agreement is modified under paragraph (1), the head of a central administrative agency shall notify, without delay, the head of a managing research institute and the head of a specialized institution of the modified term. |
| Article 11 (Cancellation of Agreements) |
| (1) | In any of the following cases, the head of a central administrative agency may cancel an agreement according to terms and conditions of the agreement. In such cases, he/she shall pre-consult with the representative of the participant enterprise, on the research and development task in which the enterprise participates: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 27369, Jul. 22, 2016> |
| 1. | Where the necessity of continuous research and development no longer exists since the objectives of research and development have been achieved by another research and development or due to changes in the domestic or international technology environment, etc.; |
| 1-2. | Where it is confirmed during the performance of a research and development task that the relevant task is overlapped with another research and development task: Provided, That this shall not apply to cases falling under the proviso to Article 7 (11); |
| 2. | Where it is difficult to continue to perform research and development due to a serious violation of an agreement committed by a managing research institute or a participant enterprise; |
| 3. | Where a managing research institute or a participant enterprise abandons the performance of a research and development task; |
| 4. | Where a managing research institute or a participant enterprise is deemed difficult to produce the outcomes of research and development anticipated at the outset or incapable of completing research and development due to its delay in performance of research and development; |
| 5. | In cases of a task under a multi-year agreement, where measures have been taken by the head of a central administrative agency to suspend the research and development as the results of examination of an annual performance record and plan and evaluation of the stage conducted under the proviso to Article 16 (1); |
| 6. | Where the head of a central administrative agency deems it impracticable or unnecessary for a managing research institute or a participant enterprise to continue to perform a research and development task due to reasons, such as bankruptcy, court receivership, and business closure; |
| 7. | Where the head of a central administrative agency deems it impracticable to continue to perform a research and development task due to external leakage of important research information resulting from poor security management conducted under Article 24; |
| 8. | Where the head of a central administrative agency deems it impracticable to continue to perform a research and development task due to judgement of research misconduct under Article 31 (3); |
| 9. | Where a person in charge of research is restricted from participating in a research and development task pursuant to Article 27, due to reasons, such as the use of research and development expenses for a purpose other than originally intended purposes, in the course of performing another research and development task; |
| 10. | Where the head of a central administrative agency deems it impracticable to continue research due to measures, such as the restriction on the use of the laboratory, the prohibition of the use of the laboratory, or the demolition of the laboratory, which have been imposed under Article 17 of the Act on the Establishment of Safe Laboratory Environment because inadequate measures have been taken for the safety of laboratories, etc. in performing the research and development task; |
| 11. | Where a participant enterprise fails to perform its obligation to share the research and development expenses; |
| 12. | Where a research and development task has been selected by fraud or other improper means. |
| (2) | If any cause referred to in subparagraphs of paragraph (1) occurs, the head of a central administrative agency shall take appropriate measures, such as the suspension of expending research expenses and the conduct of on-site fact-finding investigations. |
| (3) | Where an agreement is cancelled under paragraph (1), the head of a central administrative agency shall recover an amount corresponding to the share of Government contributions out of research and development expenses excluding an amount actually spent on the research and development. In such cases, where an agreement is cancelled for any reason falling under paragraph (1) 2 through 4, 6 through 8, 11, or 12, he/she may recover all or some of the Government contributions and, if necessary, impose a restriction on participation under Article 11-2 of the Act. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (4) | In deciding the amount of Government contributions to be recovered under the latter part of paragraph (3), the head of a central administrative agency shall, in advance, organize and operate a specialized evaluation group and have them deliberate on the relevant matters including the evaluation of the degree of achievement of the research. In such cases, Article 7 (2) shall apply mutatis mutandis to the organization and operation of a specialized evaluation group. |
SECTION 4 Payment and Management of Research and Development Expenses
| Article 12 (Payment of Research and Development Expenses) |
| (1) | The head of a central administrative agency may fully or partially contribute research and development expenses. |
| (2) | Where a nonprofit corporation, such as a university, college, Government-funded research institute, or specific research institute, (hereinafter referred to as "nonprofit corporation"), is a managing research institute, collaborative research institute, or joint research institute, and where a research and development service business operator reported pursuant to Article 18 of the Special Act on Support of Scientists and Engineers for Strengthening National Science and Technology Competitiveness (hereafter in this paragraph referred to as "research and development service business operator") participates only for providing research and development services, such as test and analysis, as a collaborative research institute or joint research institute, no head of a central administrative agency shall make such nonprofit corporation or research and development service business operator bear any research and development expenses: Provided, That the same shall not apply to the following research and development tasks deemed necessary for the relevant nonprofit corporation to bear research and development expenses: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014> |
| 1. | A research and development task related to the installation of research facilities and equipment; |
| 2. | A research and development task, the main purpose of which lies in training research personnel. |
| (3) | Where any enterprise participates in a national research and development project, standards for contributions and shares to be borne by a central administrative agency and the relevant participant enterprise shall be as prescribed in attached Table 1-4: Provided, That where , in any of the following cases, the enterprise may comply with the standards categorized as follows: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A national research and development project the head of a central administrative agency deems necessary: The standards determined through consultations between the head of the relevant central administrative agency and the Minister of Science and ICT; |
| 2. | International joint research: The standards determined through consultations between the head of the relevant central administrative agency and the head of the managing research institute. |
| (4) | The head of a central administrative agency may pay research and development expenses in lump sum or in installments in consideration of the size of a research and development task, timing for the commencement of research, financial conditions of the Government, etc. In such cases, the head of a central administrative agency may pay to a managing research institute indirect costs separate from direct expenses out of the items of expenditures referred to in the main sentence of paragraph (5). <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (5) | The items of research and development expenses shall consist of direct costs and indirect costs (referring to costs commonly expended in performing a research and development task by an institute that performs a research and development task, but unable to be computed directly from an individual research and development task; hereinafter the same shall apply), and the appropriation standards by item shall be as prescribed in attached Table 2: Provided, That in cases of international joint research, the head of a central administrative agency may apply different appropriation standards by item in consideration of the appropriation standards for research and development expenses used by a foreign government or institution that participates in the relevant research as prescribed by the relevant agreement. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 26729, Dec. 22, 2015> |
| (6) | With respect to the management of research and development expenses received under paragraph (4), in principle, a nonprofit corporation shall collectively manage the contracts and purchase of all sorts of articles, implementation, etc. related to research and development (hereinafter referred to as "central management of research and development expenses"). <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26500, Aug. 24, 2015> |
| (7) | The Minister of Science and ICT shall determine and publicly notify appropriation standards for indirect costs of nonprofit corporations out of indirect costs referred to in paragraph (5), on a two-yearly basis, following consultations with the heads of the relevant central administrative agencies. In such cases, the following matters shall be taken into consideration: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Results of the evaluation of a research expense management system under Article 14; |
| (8) | The Minister of Science and ICT may designate and operate an agency dedicated to the efficient management of indirect costs, such as computation of appropriation standards for indirect costs of nonprofit corporations. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (9) | through (18) Deleted. <by Presidential Decree No. 23788, May 14, 2012> |
| Article 12-2 (Use of Research and Development Expenses) |
| (1) | The head of a managing research institute shall open a separate account for the management of research and development expenses, have a credit card or debit card linked to such account (hereinafter referred to as "research fund cards") issued, and manage them. In such cases, research and development expenses shall be expended by means of research fund cards or in the form of account transfer, and cash may be used only where it is impracticable to use research fund cards. <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014> |
| (2) | In using research and development expenses, the head of a managing research institute shall endeavor to use them in accordance with the purposes of research and a plan for use of research and development expenses under a research and development plan referred to in Article 8 (1) (referring to a plan for the relevant year, in cases of a continuing task under Article 7 (8)), and prepare evidentiary materials: Provided, That when a research fund card has been used, the head of a central administrative agency may have all or some of the evidentiary materials omitted. |
| (3) | Where the head of a managing research institute intends to use or not to use the expenses by modifying the use plan of direct costs under Article 12 (5) (hereafter in this paragraph referred to as "original plan") fixed in a plan for use of research and development expenses under a research and development plan referred to in Article 8 (1) and falls under any of the following cases, he/she shall obtain approval from the head of a central administrative agency or the head of a specialized institution: <Amended by Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 28043, May 8, 2017> |
| 1. | Where he/she falls into any of the following cases: |
| (a) | Intending to newly expend at least 30 million won (VAT included) for each unit of research equipment or facilities without an original plan; |
| (b) | Intending to replace or purchase research equipment or facilities which cost at least 30 million won per unit (VAT included) differently from the original plan; |
| (c) | Intending not to purchase research equipment or facilities which cost at least 30 million won per unit (VAT included) differently from the original plan; |
| 2. | In cases of a continuing task under Article 7 (8), where he/she intends to include some of direct costs of the relevant year in the direct costs of the following year for use in the following year; |
| 3. | Where he/she intends to replace a researcher of a small or medium enterprise who is newly employed to perform a relevant research and development task with another newly employed researcher of the relevant small or medium enterprise; |
| 4. | Where he/she intends to increase the expenses for entrusted research and development by at least 20% from an original plan; |
| 5. | Deleted. <by Presidential Decree No. 28043, May 8, 2017> |
| (4) | The interest on the Government contributions disbursed under Article 12 (1) may be reinvested in research and development or used for the support for the creation, protection, and strengthening the utilization capacity, of the outcomes of research and development, and the use of such interest for any other purpose shall be subject to approval from the head of a central administrative agency. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | The head of a research institute performing a research and development task shall report the total amount of interest on Government contribution accrued in the relevant year referred to in paragraph (4) and the breakdown thereof to the head of a central administrative agency or the head of a specialized institution by no later than April 30 of the following year. |
| (6) | The head of a managing research institute who receives research and development expenses under Article 12 (4) shall observe the following matters: |
| 1. | He/she shall deposit the research and development expenses received in a near financial institution; |
| 2. | He/she shall file reports on customs, value-added tax, etc. paid from the research and development expenses in accordance with the Customs Act, the Value-Added Tax Act, and other related tax laws; |
| 3. | He/she shall prepare a cash book or similar book, and record and manage the state of incomes and expenses as a whole and by classifying them into each item of expenditures. |
| (7) | The head of a managing research institute who has received research and development expenses under Article 12 (4) may manage a separate consolidated account of research funds to efficiently manage research and development expenses. |
| (8) | Research and development expenses prescribed in Article 12 (5) shall be expended by the head of each managing research institute by following a motion of a research supervisor: Provided, That the following research and development expenses may be expended directly by the head of each managing research institute without motion of a research supervisor: <Amended by Presidential Decree No. 28043, May 8, 2017> |
| 2. | Labor costs of direct costs; |
| 3. | Of direct costs, students' labor costs of an institute managing students' labor costs by consolidating such costs by the unit of research institute under Article 12-3 (1). |
| (9) | Evidentiary materials under paragraph (2) shall be managed in accordance with the internal regulations of a managing research institute: Provided, That they shall be retained for five years after the termination of the relevant research and development task. |
[This Article Newly Inserted by Presidential Decree No. 23788, May 14, 2012]
| Article 12-3 (Special Cases concerning Use of Students' Labor Cost among Direct Costs) |
| (1) | The Minister of Science and ICT may designate an institute that satisfies the criteria that he/she separately determines, such as the results of an evaluation of a research expense management system, etc. from among universities and colleges, Government-funded research institutes operating master and doctorate courses under academic-industrial cooperation, specific research institutes operating master and doctorate courses, etc. and have the students' labor cost out of direct costs under Article 12 (5) managed by the research managing department by consolidating it by the unit of research institute or person in charge of research (hereinafter referred to as "consolidated management of students' labor cost"). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Deleted. <by Presidential Decree No. 28043, May 8, 2017> |
| (3) | Upon designation of an institute subject to consolidated management of students' labor cost under paragraph (1), the Minister of Science and ICT shall notify the heads of the relevant central administrative agencies of such designation, and the head of a central administrative agency that receives such notification shall not calculate students' labor cost for an institute subject to consolidated management of students' labor cost to a nicety out of the direct costs expended by the relevant institute after the completion of the research and development task, notwithstanding the provisions of Article 19 (2). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall examine the current status of the use of students' labor cost, of the construction of computer systems, etc. of each institute subject to consolidated management of students' labor cost not more than twice a year. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where any institute subject to consolidated management of students' labor cost falls under any of the following cases as a result of an examination conducted under paragraph (4), the Minister of Science and ICT shall revoke the designation as an institute subject to consolidated management and notify such fact without delay to the heads of the relevant central administrative agencies. In such cases, the head of a central administrative agency shall immediately suspend the exemption from the calculation to a nicety granted under paragraph (3) to a research and development task subject to settlement of accounts under Article 19 (2) on and after the date of such notification, and shall redeem the balance remaining after the use of students' labor cost out of direct costs notwithstanding the provisions of Article 19 (4): <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Where the amount of a paid students' labor cost commonly managed or used after recovery exceeds an amount separately determined and publicly notified by the Minister of Science and ICT; |
| 2. | Where the remaining balance of students' labor cost managed by the unit of research institute or person in charge of research exceeds an amount separately determined and publicly notified by the Minister of Science and ICT; |
| 3. | Where no computer system for consolidated management of students' labor cost is constructed, or where any computer system that fails to meet standards separately determined and publicly notified by the Minister of Science and ICT is operated; |
| 4. | Other cases where any serious fault is found in connection with consolidated management of students' labor cost. |
[This Article Newly Inserted by Presidential Decree No. 23788, May 14, 2012]
| Article 12-4 (Operation, etc. of Integrated Management System of Research and Development Expenses) |
| (1) | For the transparent execution and management of research and development expenses, the Minister of Science and ICT shall establish and operate an integrated management system of research and development expenses of national research and development projects (hereinafter referred to as "Integrated Management System of Research Expenses"). <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | In order to link the research expense management system under the control of each central administrative agency with the Integrated Management System of Research Expenses, the Minister of Science and ICT shall determine and publicly notify standard execution information on research and development expenses of national research and development projects through consultations with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | For the efficient management and operation of the Integrated Management System of Research Expenses, the Minister of Science and ICT may request the relevant central administrative agencies or specialized institutions to submit the information on research and development tasks and the information on the execution of development expenses under their control, and the heads of the relevant agencies shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | In order to manage information on the execution of research and development expenses of national research and development projects in an integrated manner, the head of each central administrative agency shall have the research expense management system under his/her control linked to the Integrated Management System of Research Expenses. |
[This Article Newly Inserted by Presidential Decree No. 28043, May 8, 2017]
| Article 13 (Committee for Calculation of Indirect Costs) |
| (1) | For determining appropriation standards for indirect costs under Article 12 (7), a committee for calculation of indirect costs (hereafter in this Article referred to as the "Committee") shall be established under the control of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Committee shall be comprised of not more than 30 members, including a chairperson and a member-secretary, by taking into account their gender. <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 26729, Dec. 22, 2015> |
| (3) | For securing objectivity and professionalism in computation of the appropriation standards for indirect costs, the Committee may establish subcommittees by nonprofit corporation which consist of experts in the relevant fields. <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (4) | The Committee shall deliberate on the following: |
| 1. | Matters concerning the operation of the Committee and subcommittees; |
| 2. | Matters concerning the computation of appropriation standards for indirect costs; |
| 3. | Matters concerning institutes subject to the application of appropriation standards for indirect costs; |
| 4. | Other matters deemed necessary by the chairperson for the computation of indirect costs. |
| (5) | A member in general service of the Senior Executive Service of the Ministry of Science and ICT designated by the Minister of Science and ICT shall be the chairperson of the Committee, and a director-level public official of the Ministry of Science and ICT designated by the Minister of Science and ICT shall be the member-secretary. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The following persons shall become the members of the Committee and the term of office of a commissioned member shall be two years: <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Ex officio members: Persons designated by the heads of respective central administrative agencies, from among director-level public officials (including team leaders) affiliated with the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Minister of SMEs and Startups, the Nuclear Safety and Security Commission, the Rural Development Administration, the Korea Forest Service, and the Korea Meteorological Administration; |
| 2. | Commissioned members: Persons commissioned by the Minister of Science and ICT, from among experts in the fields of research, academy, and industry. |
| (7) | Where any of the commissioned members prescribed in subparagraph 2 of Article 6 falls under any of the following cases, the Minister of Science and ICT may dismiss the relevant member: <Newly Inserted by Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Where he/she becomes unable to perform his/her duties due to mental or physical incapacity; |
| 2. | Where he/she engages in any misconduct in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason; |
| 4. | Where he/she voluntarily admits that it is difficult for him/her to perform his/her duties. |
| (8) | The head of a central administrative agency who designates a member under paragraph (6) 1 may cancel his/her designation when the member falls under any subparagraph of paragraph (7). <Newly Inserted by Presidential Decree No. 26729, Dec. 22, 2015> |
| (9) | Meetings of the Committee shall be convened by the chairperson; and a majority of all the incumbent members of the Committee shall constitute a quorum at all its meetings; and resolutions shall be passed with the concurrent vote of at least a majority of those present. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 26729, Dec. 22, 2015> |
| (10) | When the chairperson intends to convene a meeting, he/she shall notify each member of the agenda, date, time, and venue of such meeting in writing, by no later than seven days before such meeting, except in extenuating circumstances: Provided, That the same shall not apply in extenuating circumstances. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 26729, Dec. 22, 2015> |
| (11) | The chairperson may request the relevant agencies to submit data, if necessary for computation of indirect costs. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 26729, Dec. 22, 2015> |
| (12) | The Minister of Science and ICT shall finalize appropriation standards for indirect costs of a nonprofit corporation decided by the Committee and notify the relevant central administrative agencies and the relevant agencies thereof. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (13) | Each subcommittee specified in paragraph (3) shall be comprised of not more than ten experts in the relevant field commissioned by the chairperson of the Committee, including the chairperson of the subcommittee, and the chairperson of each subcommittee shall be designated by the chairperson of the Committee, from among the members of the relevant subcommittee: Provided, That a subcommittee for the field of university and college shall be organized, following consultations with the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26729, Dec. 22, 2015> |
| Article 14 (Evaluation of Research Expense Management Systems) |
| (1) | With respect to nonprofit corporations that perform research and development tasks, the Minister of Science and ICT shall conduct an evaluation regarding the followings matters (hereinafter referred to as “evaluation of a research expense management system”) every two years: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Appropriateness of a system for research expense management; |
| 2. | Transparency of the execution of research expenses. |
| (2) | The Minister of Science and ICT shall notify the head of the relevant central administrative agency of the results of an evaluation of a research expense management system within 14 days from the completion of the evaluation, and publicly announce the same using the National Science and Technology Information System. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | With respect to an institute that receives the highest rating as a result of an evaluation of its research expense management system, the Minister of Science and ICT and the head of the relevant central administrative agency shall take at least one of the following preferential measures: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Upward adjustment of the percentage of indirect costs in determining appropriation standards for indirect costs under Article 12 (7); |
| 2. | Exemption from the settlement of research and development expenses under 19 (12) 2; |
| 3. | In cases of government-funded research institutes and specific research institutes, provision of preferential treatment when an evaluation of institutes is conducted under Article 32 (3) of the Act; |
| 4. | Other preferential treatments determined by the Minister of Science and ICT in consultation with the head of the relevant central administrative agency. |
| (4) | The Minister of Science and ICT and the head of the relevant central administrative agency notified of the result of an evaluation of a research expense management system under paragraph (2), may provide consultation for improving the management, execution, etc. of research expenses to the institute which has been evaluated. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall determine the detailed standards, procedures, etc. for the evaluation of a research expense management system in consultation with the head of the relevant central administrative agency. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The Minister of Science and ICT may prepare a standard research management manual for the transparent execution of research and development expenses, the appropriate support for creation, protection, and utilization of the outcomes of research and development, etc., through consultations with the heads of the relevant central administrative agencies and provide such manual to research institutes performing research and development tasks. <Amended by Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 26500, Aug. 24, 2015]
SECTION 5 Reporting and Evaluation of Outcomes of Research and Development
| Article 15 (Reporting of Outcomes of Research and Development) |
| (1) | Upon completion of research and development, the head of a managing research institute shall submit a final report on and summary of the research and development, a self-evaluation opinion along with the electronic messages thereof to the head of a central administrative agency within 45 days from the end of an agreement period: Provided, That self-evaluation opinions need not be submitted, if such is approved by the head of a central administrative agency. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (2) | Matters to be included in a final report on research and development under paragraph (1) are as follows: <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Outlines of a research and development task; |
| 2. | Deleted; <by Presidential Decree No. 28043, May 8, 2017> |
| 3. | Details of and outcomes of the performance of research and development; |
| 4. | Degree of the achievement of objectives and contribution to the related fields; |
| 5. | Plans for the utilization of the outcomes of research and development; |
| 6. | Deleted; <by Presidential Decree No. 28043, May 8, 2017> |
| 7. | Security level of the outcomes of research and development; |
| 8. | Summary including major matters researched and developed; |
| 9. | Present status of research facilities and equipment registered with the National Science and Technology Information System under Article 25 (5); |
| 10. | Deleted. <by Presidential Decree No. 28043, May 8, 2017> |
| (3) | Where the head of a managing research institute, who has submitted documents referred to in paragraph (1), receives the final evaluation prescribed in Article 16 (1) regarding the relevant research and development task, he/she shall rewrite the documents submitted under paragraph (1) by reflecting the results of the final evaluation. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (4) | The head of a managing research institute shall submit the documents prepared in accordance with paragraph (3) to the head of a central administrative agency in the form of documents or electronic messages within three months after the expiration of an agreement. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
| (5) | Matters necessary for the forms of a final report on and summary of research and development, and self-evaluation opinion of a managing research institute referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Science and ICT. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 16 (Evaluation of Outcomes of Research and Development) |
| (1) | In order to improve the efficiency of investment in national research and development projects, to manage the goals for the outcomes of research and development, and to promote the utilization of such outcomes, the head of a central administrative agency may conduct interim and final evaluations on the plan for, and records of, the utilization of the outcomes of research and development and follow-up evaluations for the utilization of the outcomes of research and development (referring to examinations and analysis conducted with the reports, etc. on the utilization of the outcomes of research and development under Article 21 (3) to ascertain whether the plan for the utilization of the outcomes of research and development under Article 15 (2) 5 has been implemented properly; hereinafter the same shall apply): Provided, That in cases of a continuing task under Article 7 (8) for which an agreement on research and development is concluded by dividing the project into stages, no interim evaluation shall be conducted during a stage, but it shall be substituted by an examination of annual performance results and plan, and a stage evaluation shall be conducted when the stage ends. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (2) | Evaluations referred to in paragraph (1) may be omitted where necessary for national security, such as where a research and development task has been classified as a classified task, or where the head of a central administrative agency judges it necessary to conduct the evaluation in a different way, taking into consideration the nature of a research and development task and the size of research and development expenses, etc. <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (3) | The interim and final evaluations under paragraph (1) may be conducted differently by the method of a relative evaluation, absolute evaluation, or combined evaluation by research and development task, depending upon the characteristics of a task. <Amended by Presidential Decree No. 24764, Sep. 26, 2013> |
| (4) | When the head of a central administrative agency intends to evaluate the outcomes of research and development, he/she shall organize an evaluation group, from among candidates for evaluators under Article 25 (10), who shall be composed mainly of experts who have participated in the evaluation for selection of a research and development task and shall endeavor to maintain expertise, objectivity, and impartiality by utilizing foreign experts or by any other means, if necessary. In such cases, Article 7 (2) shall apply mutatis mutandis to the organization and operation of the evaluation group. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | In conducting evaluations by stages under the proviso to paragraph (1), trends in patent, technology, standardization, and standard patent in and out of the Republic of Korea related to the relevant research and development task (trends in standardization and standard patent to be examined only where the outcomes of research and development need to be linked with standardization and standard patent), feasibility of commercialization thereof, etc. may be examined and reflected in the relevant evaluations by stages. <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (6) | The Minister of Science and ICT may provide assistance in the follow-up evaluations referred to in paragraph (1) following consultations with the heads of relevant central administrative agencies, prepare standard guidelines for follow-up evaluations, and provide them to the heads of the central administrative agencies and heads of the relevant specialized institutions. In such cases, matters for consultations for the support for follow-up evaluations and standard guidelines for follow-up evaluations shall include matters concerning the assistance in the follow-up evaluation of research and development tasks under Article 8 (2) 4 of the Act on the Performance Evaluation and Management of National Research and Development Projects, Etc. and smooth mutual linkage and enforcement thereof. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 17 (Measures following Evaluations) |
| (1) | The head of a central administrative agency may suspend the research and development of any of the following research and development tasks, depending upon the outcomes of an interim evaluation or stage evaluation conducted under Article 16 (1) and shall formulate a next stage research and development plan reflecting the matters pointed out in the stage evaluation: |
| 1. | In cases of the application of a relative evaluation method, where the outcomes fall below a rating set by the head of the central administrative agency in accordance with the characteristics of national research and development projects; |
| 2. | In cases of the application of an absolute evaluation method, where the outcomes fall below 60% of the perfect score. |
| (2) | If the results of the examination under Article 16 (5) fall under any of the following cases, the head of a central administrative agency may suspend the performance of the relevant research and development task, change the objectives of research and development, or take any other measure, as stipulated in the terms and conditions of the relevant agreement: <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Where a product similar to the outcomes of research and development expected from the research and development task subject to stage evaluations has been already developed and therefore it is deemed unnecessary to continue the research and development project; |
| 2. | Where the performance of the next stage research and development is deemed unnecessary due to changes in research and development environment predicted before. |
| (3) | If it is found as a result of the final evaluation under Article 16 (1) that a research and development task has been completed with outstanding outcomes and meets all the following requirements, the head of a central administrative agency may take follow-up measures, such as assistance in the commercialization of the outstanding outcomes: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | A task, the outcomes of final evaluation of which fall under within the top 10% in the relative evaluation and the score of which is at least 90% of the perfect score if an absolute evaluation is conducted (hereinafter referred to as "top first rating"); |
| 2. | A task, all the objectives of research and development of which proposed in a research and development plan have been achieved; |
| 3. | A task appraised as the one that can remarkably contribute to enhancing the technological competitiveness in the relevant field through utilization of the outcomes of research and development. |
| (4) | If the head of a central administrative agency finds as a result of the evaluation under Article 16 (1) that the outcomes of research and development are extremely poor, he/she may conclude the relevant research and development task as a failed research and development task. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | The head of a central administrative agency may operate a system for raising an objection against the outcomes of evaluation conducted under Article 16 (1). |
| (6) | The head of a central administrative agency may publish white paper on the evaluation of research and development periodically on a regular basis by collecting the evaluations of the outcomes of research and development. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (7) | In order to facilitate the dissemination of outstanding outcomes of research and development, the head of a central administrative agency shall notify the heads of relevant central administrative agencies of information of the titles of research and development tasks that meet the requirements in paragraph (3), chief researchers responsible for such research and development tasks, the outcomes of research and development, etc. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 25779, Nov. 28, 2014> |
| (8) | If a chief researcher who has performed a research and development task that meets the requirements in paragraph (3) intends to conduct any of the following activities, the head of a central administrative agency may assist the chief researcher preferentially: <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Application for a patent or formulation of international standards for the outcomes of research and development; |
| 1-2. | Amendment of a patent on the outcomes of research and development in connection with international standards; |
| 2. | Research and development that fall under the follow-up stage in the same field of technology. |
| (9) | The Minister of Science and ICT may select outstanding outcomes of research and development, from among the outcomes of research and development recommended by the heads of relevant central administrative agencies as outstanding as a result of the final evaluations under Article 16 (1). In such cases, the Minister of Science and ICT may award appropriate prizes to researchers who have produced outstanding outcomes of research and development. <Newly Inserted by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 18 (Disclosure of Outcomes of Research and Development) |
| (1) | The head of a central administrative agency shall establish a database of final reports and summaries on research and development received under Article 15 (1) and disclose it widely for use by research institutes, fields of industry, academy, etc. |
| (2) | The Minister of Science and ICT shall link the National Science and Technology Information System with the database referred to in paragraph (1) so that information on the outcomes of research and development can be provided through an integrated system. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | If necessary, the head of a central administrative agency may hold general or specific presentation sessions for the outcomes of research and development. In such cases, the head of a managing research institute shall fully cooperate in holding such presentation sessions. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (4) | In any of the following cases, paragraphs (1) through (3) shall not apply during a non-disclosure period classified as follows: Provided, That where any extenuating circumstances exist making it necessary to extend a non-disclosure period, it may be extended by up to three years after obtaining approval from the head of a central administrative agency by no later than three months before the period terminates: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | Where classified as a classified task as a result of a review of security level by the head of a central administrative agency pursuant to Article 15 (2) 7: A period set by the relevant classified task within three years; |
| 2. | Where the head of a central administrative agency approves of withholding the disclosure at a request filed by the head of a managing research institute for the acquisition of intellectual property right: Within one year and six months; |
| 3. | Where the head of a central administrative agency approves of non-disclosure at a request filed by the representative of a participant enterprise for good cause: Within one year and six months; |
| 4. | Where non-disclosure is provided for in an agreement for international joint research: Within one year and six months. |
| (5) | In order to provide integrated information on the outcomes of research and development under paragraph (2), the head of a central administrative agency shall manage and maintain the final reports and summaries under Article 15 (1) by identification number given under Article 9 (4) in the form of electronic document. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 25779, Nov. 28, 2014> |
| (6) | Items of outcomes of research and development provided under paragraph (2) and items not disclosed under paragraph (4) 2 through 4 shall be determined by the national standards for research and development information prescribed in Article 25 (3). <Newly Inserted by Presidential Decree No. 28043, May 8, 2017> |
SECTION 6 Settlement of Research and Development Expenses
| Article 19 (Reporting of Breakdown and Settlement of Research and Development Expenses) |
| (1) | The head of a managing research institute shall report the breakdown of research and development expenses to the head of a central administrative agency or the head of a specialized institution by means of the following documents or electronic messages within three months after the termination of the period of an agreement (referring to the relevant year of an agreement in cases of a task under a multi-year agreement): <Amended by Presidential Decree No. 23788, May 14, 2012> |
| 1. | A comparison table of a research and development plan and the execution outcomes; |
| 2. | A self-accounting audit opinion of a research institute performing a research and development task: Provided, That where the head of a central administrative agency separately determines, it may be substituted by a written confirmation of the head of the relevant central administrative agency or the settlement results of a specialized institution. |
| (2) | In order to ascertain the adequacy of the execution of research and development expenses, the head of a central administrative agency or the head of a specialized institution that has received a report on the breakdown of research and development expenses under paragraph (1) shall settle the research and development expenses by extracting part of the research and development task performed: Provided, That where no settlement system has been constructed in a managing research institute or where deemed necessary by the head of a central administrative agency, the settlement of the expenses of all of the research and development task performed may be conducted. <Amended by Presidential Decree No. 23788, May 14, 2012> |
| (3) | The head of a specialized institution that has received a report on the breakdown of research and development expenses under paragraph (1) shall report to the head of a central administrative agency on the outcomes of examination of the reported details and the settlement of research and development expenses under paragraph (2). |
| (4) | Where any balance remains after excluding the following amounts from research and development expenses when the performance of a research and development task is terminated, or where any amount is turned out to be wrongfully executed as the results of an examination of the reported details of the breakdown of research and development expenses under paragraph (1) or the settlement of research and development expenses under paragraph (2), the head of a central administrative agency shall redeem the amount relevant to the portion of Government contribution in the relevant amount: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 23788, May 14, 2012> |
| 1. | An amount that the head of a central administrative agency approves for use by including it in the direct costs for the following year under Article 12-2 (3) 2; |
| 2. | A balance remaining after the use of indirect costs of research and development expenses that the head of a central administrative agency approves for use as the indirect costs for the following year: Provided, That the same shall not apply where an agreement is cancelled due to any cause falling under Article 11 (1) 2 through 4 and 6 through 8; |
| 3. | A balance remaining after the use of students' labor cost out of direct costs by a research institute designated as an institute subject to consolidated management of students' labor cost under Article 12-3 (1). |
| (5) | Notwithstanding paragraph (4), in cases of a research and development task evaluated as an outstanding research and development task as a result of the final evaluation conducted pursuant to Article 16 (1) and meets all the requirements specified under Article 17 (3), the head of a central administrative agency may choose not to redeem the remaining balance of its research and development expenses, and may allow the head of a managing research institute to use the remaining balance for the purpose of pursuing follow-up research and development related to the relevant research and development task by obtaining approval from the head of the relevant central administrative agency. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
| (6) | Where the head of a central administrative agency or the head of a specialized institution becomes aware of the fact that any remaining balance exists or any research and development expenses have been wrongfully executed even after a report on the breakdown or settlement is completed under paragraph (1) or (2), he/she may conduct settlement or on-site inspection, and if any remaining balance exists or any amount has been wrongfully executed, as a result of such settlement or on-site inspection, he/she shall redeem the amount relevant to the portion of Government contribution out of the relevant amount. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (7) | The head of a central administrative agency shall pay the amount redeemed under paragraphs (4) and (6) to the National Treasury, the relevant fund, etc. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (8) | Where the head of a central administrative agency intends to redeem the balance remaining after use of, or wrongfully used, research and development expenses under paragraph (4) or (6), he/she shall designate a separate management account and make the managing research institute remit such amount thereto. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 26500, Aug. 24, 2015> |
| (9) | Detailed standards for the recovery of wrongfully executed amount under paragraphs (4) and (6) and the scope thereof shall be as prescribed in attached Table 2-2. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 26500, Aug. 24, 2015> |
| (10) | Forms necessary for the preparation of documents under subparagraphs of paragraph (1) shall be determined by Ordinance of the Ministry of Science and ICT. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (11) | In settling, under paragraph (2), the amount used for purchasing any research facility or equipment subject to registration with the National Science and Technology Information System under Article 25 (5), the head of a central administrative agency or the head of a specialized institution shall ascertain whether the relevant research facility or equipment is registered with the National Science and Technology Information System. <Newly Inserted by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 26500, Aug. 24, 2015> |
| (12) | Notwithstanding paragraph (2), the head of a central administrative agency who has received a report on breakdown under paragraph (1) may choose not to make settlement of any of the following amounts or research and development tasks. Even in such cases, the head of a managing research institute shall use them by preparing evidentiary materials under Article 12-2 (2) and (9): <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | The amount used as expenses incurred in performing a research task out of the direct cost; |
| 2. | A research and development task conducted by an institute that has received the highest rating as a result of the evaluation of its research expense management system. |
| (13) | The head of a central administrative agency or the head of a specialized institution may ask an institution with expertise to conduct the settlement of research and development expenses prescribed in paragraph (2). <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
| (14) | Where the head of a central administrative agency makes settlement of the breakdown of research and development expenses by a foreign institute during international joint research under paragraph (2), he/she may replace the verification of the breakdown with a confirmation document issued by the relevant foreign institute. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
CHAPTER III VESTING OF OWNERSHIP OF OUTCOMES OF RESEARCH AND DEVELOPMENT AND PROMOTION OF UTILIZATION OF SUCH OUTCOMES
| Article 20 (Ownership of Outcomes of Research and Development) |
| (1) | The ownership of tangible outcomes from the performance of a national research and development project, such as instruments and materials for research, facilities and equipment for research, prototypes, and research notes, shall vest in the managing research institute (referring to the collaborative research institute in cases of a subtask) according to the terms and conditions of the relevant agreement: Provided, That the ownership of instruments, materials, facilities, and equipment provided for research by a joint research institute, entrusted research institute, or participant enterprise (hereinafter referred to as "participant agency"), on condition that those shall belong to the participant agency, may vest in the participant agency. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25779, Nov. 28, 2014> |
| (2) | The ownership of intangible outcomes from the performance of a national research and development project, such as intellectual property rights and licenses to publish research reports, shall vest solely in the research institute that has developed the specific intangible outcomes according to terms and conditions of the relevant agreement, but intangible outcomes from a joint development project performed jointly by at least two research institutes shall be owned jointly by the research institutes that have jointly developed the outcomes: Provided, That, if a research institute has no intention to own intangible outcomes, the ownership of the intangible outcomes may vest solely or jointly in the research institute(s) that has or have performed the research and development project, according to terms and conditions of the relevant agreement. <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (3) | Where an agreement is concluded for international joint research, the head of a central administrative agency shall endeavor to ensure that the ownership of the outcomes of research and development vests in the managing research institute, collaborative research institute, or participant agency located within the Republic of Korea or these institutes acquire the license preemptively. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (4) | Where it is intended to vest the ownership of the outcomes of research and development in the State under the proviso to Article 11-3 (1) of the Act with the exception of its subparagraphs, the head of a relevant central administrative agency shall clearly stipulate the intention in the relevant agreement. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | In any of the following cases, the head of an agency that owns the outcomes of research and development may transfer its rights to the outcomes acquired under the provisions of paragraphs (1) through (3) to a participant enterprise, an enterprise that implements the outcomes of research and development (hereinafter referred to as "implementation enterprise"), or any other appropriate agency (an agency located within the Republic of Korea shall be given preference), subject to consultation with the representative of such participant enterprise or implementation enterprise: Provided, That, if the agency that owns the outcomes of research and development renounces its rights to the outcomes of research and development, such rights may be transferred without consideration to the chief researcher who has performed the relevant research and development task: <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | In cases of tangible outcomes specified in paragraph (1), where an agency that owns the outcomes of research and development has recovered the amount equivalent to the Government's share of contributions from royalties, etc. paid by the relevant participant enterprise or implementation enterprise for the value of the relevant outcomes; |
| 2. | In cases of intangible outcomes specified in paragraph (2), where an agency that owns the outcomes of research and development has fully collected the royalties under Article 11-4 (1) of the Act from the relevant participant enterprise or implementation enterprise. |
| (6) | When the head of a managing research institute, collaborative research institute, or participant agency intends to file an application for intellectual property rights to the outcomes of research and development from a national research and development project or register or renounce such intellectual property rights, he/she shall take the following measures: <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | In cases of applying for or registering an intellectual property right in or out of the Republic of Korea, it shall submit an application for the intellectual property right or an application for registration, and documents evidencing such fact to the head of a relevant central administrative agency within six months after the application or registration is complete; |
| 2. | Where an intellectual property right is applied for or registered in the Republic of Korea, the identification number of research and development tasks referred to in Article 9 (4), a central administrative agency that supports it, and the title of the research and development task shall be described without fail; |
| 3. | Where an intellectual property right is registered outside the Republic of Korea, a copy of the official gazette verifying the registration shall be submitted to the head of the relevant central administrative agency within three months after the gazette is published; |
| 4. | Where a right lapses following the renunciation of an intellectual property right registered in or out of the Republic of Korea, such fact shall be notified to the heads of relevant central administrative agencies before the date the right lapses. |
| Article 21 (Promotion of Use of Outcomes of Research and Development) |
| (1) | The head of an agency that owns the outcomes of research and development or the head of a specialized institution shall take necessary measures, such as entering into a technology implementation agreement, for the utilization of the outcomes of research and development, including intellectual property rights pending in application, so that the outcomes of research and development can be widely utilized. When it is intended to enter into a technology implementation contract with any person other than participant enterprises, small- and medium-sized domestic enterprises or middle-standing domestic enterprises (referring to middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises; hereinafter the same shall apply), capable of implementing the technology, shall be given preference. <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016> |
| (2) | If a participant enterprise exists, in principle, the outcomes of research and development shall be implemented by the participant enterprise, but any person, other than the participant enterprise, may implement such outcomes, in any of the following cases: <Amended by Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | A research and development task performed to utilize the outcomes of research and development by disclosing them to the public; |
| 2. | Where a person, other than the participant enterprise, intends to implement the outcomes of research and development, and the participant enterprise that jointly owns the outcomes of research and development consents thereto; |
| 3. | Where the participant enterprise is unable to explain its failure with good cause in any of the following cases: |
| (a) | Where the participant enterprise fails to conclude an implementation agreement within one year after the completion of a research and development task; |
| (b) | Where the participant enterprise fails to pay the agreed royalties for at least a year; |
| (c) | Where the participant enterprise fails to commence business by utilizing the outcomes of research and development within one year after a technology implementation agreement is concluded or discontinues such business for at least a year, without good cause; |
| 4. | Where the participant enterprise declares its intention not to implement the outcomes of research and development; |
| 5. | Other cases where the head of a central administrative agency deems necessary to be implemented by a person, other than the participant enterprise. |
| (3) | The head of a central administrative agency or the head of a specialized institution may require the head of a research institute that has performed a research and development task, to submit a report on the utilization of the outcomes of research and development by the end of February each year for five years maximum from the year immediately subsequent to the year in which the research and development task has been completed. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (4) | In cases of a research and development task at the development research stage, the head of a relevant central administrative agency shall conduct the follow-up evaluation of the results of the utilization of the outcomes of research and development within three years from the time the research and development task is completed and shall promote the utilization of the outcomes. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | If the head of an agency that owns the outcomes of research and development or the head of a specialized institution has a ground to conclude that no technology implementation contract is likely to be entered into with regard to the rights to obtain patent or the intellectual property rights filed for application or registered, he/she may transfer such rights to an appropriate agency after obtaining approval from the head of the relevant specialized institution or the head of the relevant central administrative agency. In such cases, Article 23 shall apply mutatis mutandis to the use of revenues accrued from such transfer. <Amended by Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| (6) | When the head of a central administrative agency actively searches and informatizes technologies that can be publicly utilized, among the outcomes of research and development from national research and development projects, and provides assistance in the trade and transfer of technology and follow-up research and development tasks for the transfer, diffusion, and commercialization of the outcomes of research and development from national research and development projects, he/she shall cooperate with the organizations dedicated to technology transfer and commercialization under Article 11 of the Technology Transfer and Commercialization Promotion Act or the board of industry-academic cooperation under Article 25 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act. In such cases, the head of the relevant managing research institute or the relevant chief researcher shall fully cooperate in such activities. <Amended by Presidential Decree No. 23527, Jan. 25, 2012; Presidential Decree No. 25779, Nov. 28, 2014> |
| (7) | The form of the report on utilization of the outcomes of research and development under paragraph (3) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (8) | If a research institute needs to implement intangible outcomes produced from one and the same research and development task, but owned by another research institute in order to implement the intangible outcomes owned by it Article 20 (2), the head of the latter research institute that owns such intangible outcomes shall permit the former institute to implement the outcomes, according to the terms and conditions prescribed in of an agreement. In such cases, the research institutes shall determine the term of implementation of intangible outcomes and other conditions by mutual agreement. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (9) | A research institute that wishes to implement intangible outcomes owned by another research institute pursuant to paragraph (8) shall request the head of the institute that owns such intangible outcomes, in writing, to permit it to implement the outcomes, within the period determined by the head of the relevant central administrative agency. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (10) | Where the head of an agency that owns the outcomes of research and development or the head of a specialized institution enters into a technology implementation agreement under paragraph (1), he/she shall endeavor to conduct a technology evaluation through a technology evaluation agency designated pursuant to Article 35 of the Technology Transfer and Commercialization Promotion Act and to calculate the amount of royalties, etc. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
CHAPTER IV COLLECTION AND USE OF ROYALTIES
| Article 22 (Collection of Royalties) |
| (1) | The details of a license granted under Article 11-4 (1) of the Act, royalties, the payment methods for royalties, etc. shall be determined by the head of the agency that owns the outcomes of research and development in consultation with the person who intends to implement the outcomes of research and development: Provided, That where the head of a specialized institution collects royalties in accordance with the proviso to Article 11-4 (1) of the Act (hereinafter referred to as “royalties to be paid to the Government”), the head of the relevant central administrative agency may require the head of the specialized institution to collect the royalties in accordance with the following subparagraphs or in proportion to sales within the maximum of the contributions made by the Government in accordance with the guidelines prescribed separately: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25495, Jul. 21, 2014; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015; Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 27369, Jul. 22, 2016> |
| 1. | A small and medium enterprise: 10% of the Government contributions; |
| 2. | A middle-standing enterprise: 20% of the Government contributions; |
| 3. | A large enterprise (referring to an enterprise which is neither a small and medium enterprise nor a middle-standing enterprise): 40% of the Government contributions. |
| (2) | Where royalties to be paid to the Government are collected, the conclusion of a technology implementation agreement may be substituted by submitting a report on the implementation of technologies, etc. prescribed by an agreement to the head of a specialized institution. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| (3) | Where royalties are collected under Article 11-4 (1) of the Act, the head of the agency that owns of the outcomes of research and development or the head of the specialized institution shall file a report on the results of collection and payment of royalties with the head of the relevant central administrative agency. <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (4) | No royalties shall be collected on the outcomes of research and development that the head of a central administrative agency deems necessary to publicly utilize in order to promote the utilization of the outcomes of research and development, such as those at the stage of basic research, or on the outcomes of research and development not for the purpose of implementation according to the terms and conditions of the relevant agreement. <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | Detailed standards for the exemption from or reduction of royalties or the extension of a period for collection thereof under Article 11-4 (2) of the Act shall be determined by the head of a central administrative agency. |
| (6) | Where any dispute occurs between the relevant parties with respect to the collection of royalties, the head of a central administrative agency may provide advice and suggestion for mediation of a dispute, if requested by a party thereto. |
| (7) | Where royalties to be paid to the Government are collected based on turnover within the limit of Government contributions pursuant to the proviso to paragraph (1), he/she may collect royalties for five years from the year in which turnover is generated. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| (8) | Royalties to be paid to the Government may be paid by cash, credit card, or promissory note. In such cases, he/she may allow payers to pay such royalties in installments, as specified by an agreement. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| (9) | In cases of international joint research, matters related to the collection of royalties to be paid to the Government may be differently determined in accordance with an agreement. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
| Article 23 (Use of Royalties) |
| (1) | If the agency that owns the outcomes of research and development is a nonprofit corporation, royalties collected shall be used in the following manners. In such cases, royalties used pursuant to subparagraphs 1 and 3 shall be managed by separate accounts: <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | At least 5% of the share of Government contributions: Expenses incurred in applying, registering, maintaining, etc. intellectual property rights; |
| 2. | At least 50% of the share of Government contributions: Compensation for researchers who participated in a research and development task; |
| 3. | At least 10% of the share of Government contributions: Expenses incurred in transferring or commercializing the developed technology; |
| 4. | Balance remaining after deduction of the amounts prescribed in subparagraphs 1 through 3: Re-investment in research and development, agency-operating expenses, expenses incurred in applying, registering, maintaining, etc. an intellectual property right, and compensation for employees, etc. who have contributed to the dissemination of technology. |
| (2) | If the agency that owns the outcomes of research and development is a profit-making corporation (including public enterprises defined in Article 5 (3) 1 of the Act on the Management of Public Institutions), royalties collected shall be used in the following manners: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | The amount specified in subparagraphs of Article 22 (1): To pay to a specialized institution; |
| 2. | Amount other than that specified in subparagraph 1: Compensation for researchers who participated in a research and development task, re-investment in research and development, agency-operating expenses, expenses incurred in applying, registering, maintaining, etc. an intellectual property right, and compensation for employees, etc. who have contributed to the dissemination of technology. |
| (3) | Royalties payable to a specialized institution under paragraph (2) 1 shall be transferred to the specialized institution within three months from the date the royalties are collected. <Amended by Presidential Decree No. 25544, Aug. 12, 2014> |
| (4) | If necessary, the head of a central administrative agency may require the head of an agency that owns the outcomes of research and development and has collected royalties to report the results of the use of such royalties under paragraph (1) or (2). <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | Deleted. <by Presidential Decree No. 23788, May 14, 2012> |
| (6) | Deleted. <by Presidential Decree No. 25544, Aug. 12, 2014> |
| (7) | The head of a central administrative agency shall submit the outcomes of collection of royalties of the preceding year to the Minister of Science and ICT by no later than June 30 of each year. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (8) | In order to pay compensations to researchers who have participated in a task and employees who have contributed to the dissemination of technology under paragraph (1) or (2), an agency that owns the outcomes of research and development shall formulate guidelines for the payment of compensations, including a list of persons eligible for compensation and the procedure for payment thereof, and shall pay compensations in accordance with such guidelines: Provided, That when the amount of a yearly compensation paid to one participating researcher under paragraph (1) exceeds two billion won, the payment shall be made in accordance with the payment standards prescribed in attached Table 2-3, and notwithstanding paragraph (1) 2, the balance remaining after paying the compensation may be used for the purposes specified in paragraph (1) 4. <Newly Inserted by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26500, Aug. 24, 2015> |
| (9) | Notwithstanding the proviso to paragraph (8), when the agency, which is a nonprofit corporation, that owns the outcomes of research and development pays compensations to researchers who have participated in the relevant research and development task by collecting royalties from a research-based spin-off company prescribed in subparagraph 6 of Article 2 of the Special Act on Promotion of Special Research and Development Zones, the payment shall be made in accordance with the main sentence of paragraph (8). <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
| (10) | In cases of international joint research, notwithstanding paragraphs (1), (2), and (8), royalties may be used differently in accordance with an agreement. <Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015> |
CHAPTER V SECURITY AND INFORMATION MANAGEMENT OF NATIONAL RESEARCH AND DEVELOPMENT PROJECTS
| Article 24 (Security of National Research and Development Projects) |
| (1) | The head of a central administrative agency, the head of a specialized institution, and the head of a research institute that performs a research and development task shall formulate and implement security measures, such as designating a person in charge of security management related to a national research and development project and formulating regulations on security management. In such cases, the participant agencies that participate in a research and development task of a managing research institute (referring to a collaborative research institute in cases of a detailed task) shall observe the regulations of the managing research institute on, and measures for, the security management of a national research and development project. <Amended by Presidential Decree No. 22721, Mar. 28, 2011> |
| (2) | The head of a central administrative agency may inspect the current state of security management of a national research and development project under his/her jurisdiction jointly with the head of a relevant agency, such as the Director of the National Intelligence Service. In such cases, he/she shall consult on the following matters with the head of the relevant agency: <Amended by Presidential Decree No. 22721, Mar. 28, 2011> |
| 1. | Subject and timing of inspection; |
| 2. | Details and method of inspection; |
| 3. | Organization of an inspection team; |
| 4. | Other matters necessary for the inspection. |
| (3) | Upon completion of the inspection of current state of security management under paragraph (2), the head of a central administrative agency may issue an order to take measures for improvement after pre-consulting with the head of the relevant central administrative agency and the Director of the National Intelligence Service, and the head of a research institute that performs a research and development task shall report on the outcomes of follow-up measures with respect to the measures for improvement within six months after the receipt of an order for improvement, to the head of a central administrative agency and the Director of the National Intelligence Service. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012> |
| (4) | In order to prevent the leakage of information overseas related to a national research and development project, the head of a central administrative agency shall formulate and implement separate security measures in cooperation with the Director of the National Intelligence Service. |
| (5) | In order to prevent the leakage of important research information overseas related to a national research and development project, the head of a research institute shall formulate and implement self-security measures including the measures for security management of a national research and development project under Article 24-7 (2) and other matters deemed necessary by the head of a research institute. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011> |
| (6) | Where the head of a research institute intends to visit a foreign government, agency, or organization or where any of them intends to visit him/her in connection with a classified task, he/she shall notify the title of the research task, person in charge of research, date and time, place, and major contents of the visit, etc. in a document prescribed by Ordinance of the Ministry of Science and ICT to the head of the competent central administrative agency and the Director of the National Intelligence Service by no later than five days before the relevant visit: Provided, That where a visit is conducted differently from the details notified in advance, the relevant matters shall be additionally notified after the visit is made, and where he/she has conducted a visit or is visited without any prior notice, such as an urgent visit, he/she may notify thereof after the visit is finished. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (7) | Where any of the following security accidents occurs in connection with a research and development task, the head of a specialized institution or the head of a research institute shall take necessary measures immediately after he/she becomes aware of the accident, and, at the same time, report thereon with the head of the competent central administrative agency, and further he/she shall additionally submit detailed sequence of the accident, such as date, time and place of the accident, personal information of a person who has caused the accident, details of the accident, etc. within five days from the reported date: Provided, That where the research and development task is a classified task or where the security accident is related to a foreign country, he/she shall also report thereon to the Director of the National Intelligence Service immediately after he/she becomes aware of the accident: <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 26500, Aug. 24, 2015> |
| 1. | Leakage, disclosure, loss, or theft of information related to a research and development task; |
| 2. | Leakage, damage, or destruction of a system that distributes, manages, and retains information related to a research and development task; |
| 3. | Other security-related accidents prescribed by the head of a central administrative agency. |
| (8) | Where any security accident falling under any subparagraph of paragraph (7) occurs, the head of a central administrative agency may request the head of the relevant agency, such as the Director of the National Intelligence Service, to conduct an investigation and to provide support and jointly investigate the details, and the head of a research institute, a person in charge of research, etc. shall conscientiously cooperate in the investigation: Provided, That where the research and development task is a classified task or the security accident is related to a foreign country, he/she shall investigate the details jointly with the National Intelligence Service. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 26500, Aug. 24, 2015> |
| (9) | The head of the relevant central administrative agency, the head of a specialized institution, and the head of a research institute shall not disclose the related details until the investigation is completed and shall take measures for prevention of recurrence, and may request the Director of the National Intelligence Service to provide support in taking the relevant measures, if necessary, such as security education for prevention of security accidents. <Amended by Presidential Decree No. 22721, Mar. 28, 2011> |
| Article 24-2 (Security Management Council) |
| (1) | For the purpose of deliberating on the following matters, the head of a central administrative agency shall organize and operate the Security Management Council: |
| 1. | Enactment and amendment of regulations on security management of national research and development projects; |
| 2. | Matters concerning the security management of specialized institutions; |
| 3. | Follow-up measures to be taken at the time a security accident occurs in connection with a national research and development project; |
| 4. | Other matters deemed necessary by the chairperson of the Security Management Council. |
| (2) | A member of the Senior Executive Service who belongs to a division in charge of the affairs related to national research and development projects shall be the chairperson of the Security Management Council, and matters concerning the organization and operation of the Security Management Council shall be determined by the head of a central administrative agency. |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-3 (Security Management Council of Research Institutes) |
| (1) | In an effort to deliberate on the following matters, the head of a specialized institution and the head of a research institute shall organize and operate the Security Management Council of a research institute (hereafter referred to as the "Research Security Council" in this Article): Provided, That in cases of a research institute where it is impracticable to operate a Research Security Council therein due to its organizational system, such as small and medium enterprises and a venture business defined in the Act on Special Measures for the Promotion of Venture Businesses, the same shall not apply: <Amended by Presidential Decree No. 25544, Aug. 12, 2014> |
| 1. | Enactment and amendment of internal regulations on security management of national research and development projects; |
| 2. | Matters concerning the alteration of security level of a research and development task; |
| 3. | Management of a security accident related to a national research and development task; |
| 4. | Other matters deemed necessary by the chairperson of the Research Security Council. |
| (2) | Matters concerning the organization and operation of the Research Security Council shall be determined by the head of an agency to which the Research Security Council belongs. |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-4 (Standards for Classification) |
| (1) | The security level of a research and development task shall be classified as follows: <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Classified task: Any of the following research and development tasks, which requires security measures because a significant loss of the value of technology and property is expected if the outcomes of research and development, etc. are leaked outside: |
| (a) | A research and development task related to the development of a world top-tier technology product; |
| (b) | A research and development task, the localization of which is being promoted as foreign countries reject to transfer the technology, or a research and development task of future core technology, the protection of which is deemed necessary; |
| (d) | A research and development task related to a technology requiring restrictions, such as an export permission under Article 19 (1) of the Foreign Trade Act and Article 32-2 of the Enforcement Decree of the same Act; |
| (e) | Other tasks that the head of a central administrative agency deems to have a ground for being classified as a classified task; |
| 2. | Unclassified task: A task not designated as a classified task. |
| (2) | The security level classified under paragraph (1) shall be indicated on all documents produced in the course of performing a research and development task. |
| (3) | With respect to a task classified as Class-I secret, Class-II secret, or Class-III secret under the Regulations on Security Work or classified as confidential corresponding thereto, or a task classified as Class-I military secret, Class-II military secret, or Class-III military secret under the Enforcement Decree of the Military Secret Protection Act or classified as confidential corresponding thereto, the provisions of the relevant statutes shall govern, notwithstanding the provisions of paragraphs (1) and (2). |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-5 (Procedures for Classification) |
| (1) | In preparing a research and development plan under Article 6 (4) or the latter part of paragraph (5), a person in charge of research and development shall observe the security level of a research and development project publicly announced by the head of a central administrative agency pursuant to Article 6 (2). <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 28043, May 8, 2017> |
| (2) | In selecting a research and development task, the head of a central administrative agency shall request the evaluation group of a research and development task under Article 7 (1) to review the adequacy of the classification of a security level under Article 7 (3) 4, and shall determine the security level reflecting the outcomes thereof. |
| (3) | Where the head of a central administrative agency determines the security level of a research and development task under paragraph (2), he/she may request the Korea Strategic Trade Institute established under Article 29 of the Foreign Trade Act or the Korea Institute of Nuclear Nonproliferation and Control established under Article 6 of the Nuclear Safety Act for opinions on whether the research and development task falls under a classified task under Article 24-4 (1) 1 (d), and determine the security level after reflecting such opinions. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014> |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-6 (Alteration of Security Level) |
| (1) | Where the head of a specialized institution or the head of a research institute intends to alter a security level of a research and development project, he/she shall do so in accordance with procedures prescribed by the internal regulations on security management concerning the national research and development projects after undergoing deliberation by the Research Security Council, and shall submit the details of, and reasons for, alteration, etc. to the head of the competent central administrative agency. |
| (2) | Where the details, etc. of alteration of a security level received pursuant to paragraph (1) are deemed inadequate, the head of a central administrative agency may give an order to withdraw the alteration of the security level. |
| (3) | Where any security level is altered, the head of a specialized institution or the head of a research institute shall notify the alteration to research institutes related thereto: Provided, That where an unclassified task is altered to a classified task, he/she shall notify the related details to the Director of the National Intelligence Service. <Amended by Presidential Decree No. 23788, May 14, 2012> |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-7 (Measures to Be Taken concerning Security Level) |
| (1) | In connection with the selection, evaluation, and management of a research and development task, the head of a specialized institution shall classify a security level under Article 24-4 and shall formulate and implement security measures required therefor. |
| (2) | The head of a research institute and a person in charge of research shall take measures for security management required concerning the security level under Article 24-4 (1), and the details thereof shall be as prescribed in attached Table 2-4. <Amended by Presidential Decree No. 25544, Aug. 12, 2014> |
| (3) | Where the head of a central administrative agency enters into an agreement on a classified task with the head of a managing research institute, he/she shall clearly state in the agreement that measures prescribed in attached Table 2-4 shall be taken pursuant to Article 9 (1) 14. <Amended by Presidential Decree No. 25544, Aug. 12, 2014> |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-8 (Security Level of Outcomes of Research and Development) |
| (1) | The security level of the outcomes of research and development under Article 15 (2) 7 shall be determined under Article 24-5 or shall be equal to the security level of the research and development task changed under Article 24-6. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (2) | When the head of a central administrative agency conducts the final evaluation of a research and development task under Article 16 (1), he/she may authorize the evaluation group of the outcomes of research and development to examine the adequacy of the security level of the outcomes of research and development under paragraph (1) and may change the security level by reflecting the results thereof. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-9 (Reporting of Present Status of Security Management of Research and Development Tasks) |
| (1) | The head of a specialized institution may examine the present status of the security management of national research and development projects of a research institute in accordance with forms prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The head of a specialized institution shall synthesize the outcomes under paragraph (1) and report thereon within a period fixed by the head of the competent central administrative agency. |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 24-10 (Measures to Be Taken when Security Management is Violated) |
| (1) | Specialized institutions, research institutes, persons in charge of research, participant researchers, etc. shall observe matters prescribed in this Decree and rules on security management of the relevant national research and development project. |
| (2) | The head of a central administrative agency shall, pursuant to Article 9 (1) 14, include in the terms of an agreement that any disadvantageous measures may be taken in the selection, evaluation, etc. of a national research and development project against a person who fails to report under Article 24 (7) or to implement measures, etc. for security management under Article 24-7 (2) without any justifiable reason. |
[This Article Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011]
| Article 25 (Management of Research and Development Information) |
| (1) | The Minister of Science and ICT shall formulate a plan for systematically managing research and development information of national research and development projects performed by central administrative agencies, in accordance with policies on the management and distribution of knowledge of and information on science and technology under Article 26 of the Act, and shall establish and operate the National Science and Technology Information System for efficiently implementing such plan. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | For efficiently managing and operating the National Science and Technology Information System, the Minister of Science and ICT may request the relevant central administrative agencies, local governments, education and research institutes related thereto, corporations, and organizations to submit research and development information and materials or to mutually link information systems in accordance with national standards for research and development information referred to in paragraph (3), and the heads of the relevant agencies, institutes, corporations, or organizations shall comply with such request, except in extenuating circumstances. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall determine and publicly notify national standards for research and development information for mutual linkage of information systems after consulting with the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | In order to manage all information about research and development, such as information about research and development tasks of national research and development projects in progress, information about participating researchers, evaluators, the results of evaluations, the outcomes of research and development, and information about failed research and development tasks, the head of a central administrative agency shall ensure that information management systems operated by specialized institutions are linked with the National Science and Technology Information System. If the number of competent specialized institutions is more than one, the head of the relevant central administrative agency may designate an agency as the representative specialized institution and authorize the representative specialized institution to comprehensively manage information about research and development through the information management system of the representative specialized institution by linking the system with the information management systems of other specialized institutions. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25779, Nov. 28, 2014> |
| (5) | If the price of a research facility or equipment among those acquired through a national research and development project exceeds 30 million won (VAT included: hereafter the same shall apply in this paragraph) or any research facility or equipment that can be jointly used though the price of which is less than 30 million won, such research facility or equipment shall be managed by making a registration with the National Science and Technology Information System within 30 days after the acquisition thereof; and when any change has occurred thereto, such as idling, disuse, scrapping, and transfer of ownership, of research facility or equipment, such change shall be registered with the National Science and Technology Information System: Provided, That where the information management system of a specialized institution is linked with the National Science and Technology Information System under paragraph (4), such change shall be deemed registered with the National Science and Technology Information System by being registered with the information management system of the specialized institution. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 28043, May 8, 2017> |
| (6) | The head of a central administrative agency or the head of a specialized institution shall regularly inspect, manage, and supervise the actual conditions of registration and management of the research facilities and equipment of a managing research institute under paragraph (5). |
| (7) | In order to deliberate on matters concerning the procurement of research facilities or equipment of managing research institutes, the Minister of Science and ICT shall organize and operate a group for the evaluation and deliberation on national research facilities and equipment. <Amended by Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (8) | and (9) Deleted. <by Presidential Decree No. 26729, Dec. 22, 2015> |
| (10) | In order to ensure fairness and expertise in the selection and evaluation of research and development tasks, the evaluation of the outcomes of research and development, etc., and to systematically manage evaluators, the Minister of Science and ICT shall organize a group of candidates for evaluators in consultation with the heads of relevant central administrative agencies and manage relevant information, including the following information, by consolidating such information into the National Science and Technology Information System: <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 4. | Records of presentation of thesis; |
| 5. | Record of previous evaluations conducted; |
| 6. | Other matters necessary to select evaluators. |
| (11) | The Minister of Science and ICT shall issue the registration numbers of scientists and technologists, through the National Science and Technology Information System, to persons who intend to perform or participate in a national research and development project and shall manage those numbers. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (12) | The head of a central administrative agency shall manage the information on participating researchers including the registration numbers of scientists and technologists referred to in paragraph (11) through the linkage between the information management system operated by a specialized institution under paragraph (4) and the National Science and Technology Information System. |
| (13) | In order to efficiently manage and distribute the outcomes of research and development, such as theses, patents, original reports, research facilities and equipment, technical summaries, life resources, software, compounds and new product categories by category of outcomes, the head of each managing research institute or the head of each specialized institution shall register such outcomes with (in cases of patent information among the outcomes of research and development, it shall not apply where the Korean Intellectual Property Office provides relevant patent information to an agency designated by the Minister of Science and ICT), or entrust them to, an agency designated by the Minister of Science and ICT (hereinafter referred to as “dedicated agency”). <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| (14) | A dedicated agency shall establish and operate a system for the management and distribution of information about the outcomes of research and development by linking the system with the National Science and Technology Information Service and shall endeavor to fulfill its duties to maintain, keep, and manage the outcomes of research and development. In such cases, the head of the relevant central administrative agency may fully or partially subsidize expenses incurred in operating the dedicated agency. <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016> |
| (15) | A plan for managing research and development information under paragraph (1) shall include the following: <Amended by Presidential Decree No. 22721, Mar. 28, 2011> |
| 1. | Standardization plan for joint utilization of research and development information; |
| 2. | Plan for the management of information on evaluators and human resources participating in research and development; |
| 3. | Plan for the management of information on evaluation of research and development; |
| 4. | Plan for the management of information on outcomes of research and development; |
| 5. | Plan for the management of information on research facilities and equipment. |
| (16) | An information management system under paragraph (4) shall include the following: <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013> |
| 1. | A research and development plan under the main sentence of Article 8 (1), an annual performance record and plan under the proviso to Article 8 (1), a final report on and summary of the research and development under Article 15 (1), and a performance record and plan for stage evaluations under the proviso to Article 16 (1); |
| 2. | A list of evaluators who participated in the selection and stage evaluations, final evaluation, and follow-up evaluations, by research and development task, comprehensive evaluation opinion, outcomes of evaluation, and restrictions resulting from the outcomes of evaluation; |
| 3. | Registration numbers of scientists and technologists by person in charge of research and participating researcher, institutes to which they belong, personal information, information on tasks involved in national research and development projects, participation rate by task, outcomes of major research and development performed, and papers presented; |
| 4. | Outcomes of research and development by task, such as intellectual property right, theses, and royalty revenues; |
| 5. | Other matters deemed necessary by the head of a central administrative agency. |
| (17) | The head of a central administrative agency shall manage information management systems referred to in paragraph (4) in accordance with standards specified in the National Science and Technology Information System referred to in paragraph (1). <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011> |
| (18) | The head of a central administrative agency shall establish a collection and linkage system through which research and development information can be input into the National Science and Technology Information System, and he/she shall enter the relevant information into the National Science and Technology Information System on a regular basis. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 26500, Aug. 24, 2015> |
| (19) | In registering a research facility or equipment with the National Science and Technology Information System under paragraph (5), the head of a managing research institute shall electronically register and manage the following: <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Identification number and the name of the competent central administrative agency of a national research and development project for which the research facility or equipment is acquired; |
| 2. | Name (in Korean and English) and model name of the research facility or equipment; |
| 3. | Manufacturer and country of manufacture of the research facility or equipment; |
| 4. | Photographs, characteristics, and organization of the research facility or equipment, classification standards to which the relevant research facility or equipment belongs, in accordance with classification standards for research facilities and equipment separately determined by the Minister of Science and ICT; |
| 5. | Acquisition costs, date of acquisition, methods of acquisition, place of installation, scope of usage, conditions, and asset number of the research facility or equipment; |
| 6. | Name of the managing agency, and name of a person responsible for management, of the research facility or equipment. |
| (20) | In managing the group of candidates for evaluators under paragraph (10), the Minister of Science and ICT shall take special security measures to prevent leakage of their personal information. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (21) | The Minister of Science and ICT shall formulate measures for the relevant central administrative agencies to effectively utilize the group of candidates for evaluators under paragraph (10) and proactively publicize such measures to the relevant central administrative agencies. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (22) | Standards, procedures, etc. for registering and entrusting outcomes of research and development under paragraphs (13) and (14) shall be as prescribed in attached Table 4. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 25779, Nov. 28, 2014> |
| (23) | When the head of a managing research institute or the head of a specialized institution intends to register or entrust outcomes of research and development under paragraph (22), he/she shall prepare documents in the forms prescribed respectively by the dedicated agencies. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016> |
| (24) | When any dedicated agency prescribes the forms for registration and entrustment under paragraph (23), it shall take into consideration the characteristics of the relevant field of outcomes of research and development. <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016> |
| (25) | The Minister of Science and ICT may require the head of a managing research institute or the head of a specialized institution to report on the results of registration or entrustment under paragraph (13) or the results of the establishment and operation of the system for the management and distribution of information under paragraph (14). <Newly Inserted by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (26) | The head of a managing research institute shall register the information referred to in paragraph (16) 3 on a person in charge of research and participating researchers who perform a research and development task with the information management system referred to in paragraph (4). <Newly Inserted by Presidential Decree No. 23788, May 14, 2012> |
| (27) | The Minister of Science and ICT may operate a council comprising dedicated agencies so that the dedicated agencies can exchange information on the maintenance, safekeeping, management, etc. of the outcomes of research and development and discuss schemes for mutual development. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 27369, Jul. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 26 Deleted. <by Presidential Decree No. 27482, Sep. 5, 2016> |
CHAPTER VI RESTRICTIONS ON PARTICIPATION IN NATIONAL RESEARCH AND DEVELOPMENT PROJECTS AND RECOVERY OF PROJECT COSTS
| Article 27 (Standards for Period of Restrictions on Participation and Recovery of Project Costs) |
| (1) | The period of restrictions on participation under Article 11-2 (1) of the Act shall be as prescribed in attached Table 4-2. <Amended by Presidential Decree No. 27369, Jul. 22, 2016> |
| (2) | and (3) Deleted. <by Presidential Decree No. 27369, Jul. 22, 2016> |
| (4) | In order for a person subject to the restrictions on participation under Article 11-2 (1) of the Act to participate in a national research and development project, the period of restrictions on participation prescribed in attached Table 4-2 shall be terminated by the day before the closing date of an application under Article 6 (4) or the former part of Article 6 (5). <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 27369, Jul. 22, 2016; Presidential Decree No. 28043, May 8, 2017> |
| (5) | If the head of a central administrative agency deems that the reason for the restriction on participation ceases to exists as a person subject to the restriction on participation for reasons falling under Article 11-2 (1) 4 or 4-2 of the Act has paid royalties or an amount of the project costs to be recovered, the head of the central administrative agency may revoke the relevant restriction on participation. <Newly Inserted by Presidential Decree No. 26729, Dec. 22, 2015> |
| (6) | In an effort to deliberate on the restrictions on participation and recovery of project costs under Article 11-2 (1) of the Act, the head of a central administrative agency shall organize and operate a sanctions evaluation group. In such cases, none of the following persons sharing interest with a person subject to sanctions shall be included in the sanctions evaluation group: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 26729, Dec. 22, 2015> |
| 2. | A researcher participating in a research and development task subject to sanctions; |
| 3. | A person belonging to the same agency with a person subject to sanctions; |
| 4. | Other persons likely to impede the fairness of evaluation. |
| (7) | The head of a central administrative agency may operate a system for raising an objection against the outcomes of evaluation conducted under paragraph (6). <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26729, Dec. 22, 2015> |
| (8) | The head of a central administrative agency may request the head of a specialized institution to perform the affairs related to the organization and operation of a sanctions evaluation group under paragraph (6). <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26729, Dec. 22, 2015> |
| (9) | Matters necessary for the organization and operation of a sanctions evaluation group, other than those prescribed in paragraphs (6) through (8), shall be determined by the head of a central administrative agency. <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 26729, Dec. 22, 2015> |
| (10) | In recovering project costs under Article 11-2 (1) of the Act, the head of a central administrative agency shall notify a decision on the restrictions on participation made under Article 11-2 (4) of the Act together with the amount to be recovered, and the head of an agency so notified shall transfer the relevant amount to a specialized institution within 30 days from the date of receipt of such notification. <Amended by Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 26729, Dec. 22, 2015> |
| (11) | The standards for the recovery of project costs by cause under Article 11-2 (1) of the Act shall be as prescribed in attached Table 5: Provided, That the head of a central administrative agency may reduce the amount to be recovered, considering the severity of the relevant violation, the possibility of achieving the objectives of the relevant research and development task, etc. <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24764, Sep. 26, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 26729, Dec. 22, 2015> |
| (12) | When the head of a central administrative agency determines to impose a restriction on participation under Article 11-2 (1) through (3) of the Act, he/she shall register it on the National Science and Technology Information System without delay under paragraph (2) of the same Article. <Newly Inserted by Presidential Decree No. 28043, May 8, 2017> |
| Article 27-2 (Criteria for Recognition of Conscientious Performance of Research and Development) |
If the head of a central administrative agency recognizes that a research entity has conscientiously performed a research and development task according to the following criteria prescribed in the proviso to Article 11-2 (1) of the Act with the exception of its subparagraphs, he/she may reduce the period of restriction on participation under subparagraph 2 (a) of attached Table 4-2 or choose not to place such restriction on participation, and may fully or partially remit the amount of project costs to be recovered under attached Table 5: <Amended by Presidential Decree No. 26729, Dec. 22, 2015; Presidential Decree No. 27369, Jul. 22, 2016> | 1. | If the research entity fails to accomplish goals because the goals initially set are challenging; |
| 2. | If the research entity fails to accomplish goals because of an environmental change or any other external factor; |
| 3. | If the research entity has complied systematically and faithfully with the methods and process prescribed for research. |
[This Article Newly Inserted by Presidential Decree No. 25779, Nov. 28, 2014]
| Article 27-3 (Demand for Amount of Project Costs to Be Recovered) |
Where a demand is made for the payment of the amount of project costs to be recovered under Article 11-2 (6) of the Act, such demand shall be made by a written notice within 15 days from the deadline for payment by specifying the following matters: | 1. | The amount of project costs to be recovered which has not yet been paid; |
| 2. | The deadline for payment (it shall be within ten days from the issuance date of the demand notice); |
| 4. | The statement that the collection shall be made in the same manner as delinquent national taxes are collected if the payment is not made by the deadline for payment. |
[This Article Newly Inserted by Presidential Decree No. 26500, Aug. 24, 2015]
| Article 27-4 (Guidelines, etc. for Imposing Sanction Surcharges) |
| (1) | Guidelines for imposing sanction surcharges under Article 11-2 (7) of the Act (hereinafter referred to as "sanction surcharges") shall be as prescribed in attached Table 6. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (2) | When the head of a central administrative agency intends to impose a sanction surcharge under paragraph (1), he/she shall refer the case to the sanctions evaluation group under Article 27 (6) for deliberation. <Amended by Presidential Decree No. 26729, Dec. 22, 2015> |
[This Article Newly Inserted by Presidential Decree No. 25779, Nov. 28, 2014]
| Article 27-5 (Imposition and Payment of Sanction Surcharges) |
| (1) | When the head of a central administrative agency imposes a sanction surcharge upon a person under Article 11-2 (7) of the Act, he/she shall notify the person, in writing, that the surcharge shall be paid, clearly stating the type of violation, the amount of the sanction charge, etc. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| (2) | Upon receipt of the notice under paragraph (1), a person shall pay the sanction surcharge to the receiving agency designated by the head of a relevant central administrative agency within 30 days from the date the person receives the notice: Provided, That, if it is impracticable to pay the sanction surcharge by the deadline due to a natural disaster, war, incident, or any other extenuating circumstance, the person shall pay it within seven days from the date said reason ceases to exist. |
| (3) | The receiving agency that receives a sanction surcharge under paragraph (2) shall issue a receipt to the person who pays the sanction surcharge and shall notify the head of the relevant central administrative agency of the receipt of the sanction charge promptly. |
[This Article Newly Inserted by Presidential Decree No. 25779, Nov. 28, 2014]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 28 (Duties of Specialized Institutions) |
A specialized institution may perform the following affairs:
| 1. | Matters concerning the planning, and the support for the development of policies, of national research and development projects related to the establishment of national research and development projects, such as the survey and analysis of technology trend, prediction, etc. of the demand for technologies; |
| 2. | Examination, management, operation, and technological support for, research and development tasks related to the selection of annual research and development tasks; |
| 3. | Matters concerning the evaluation and utilization of research and development tasks; |
| 4. | Projects entrusted by the Government, etc. and management of contributions; |
| 5. | Matters concerning the payment and management of research and development expenses; |
| 6. | Matters concerning the collection and management of royalties; |
| 7. | Management and supervision of the security management of research and development tasks; |
| 8. | Management and supervision of the registration and management of research facilities and equipment; |
| 9. | Matters concerning the support for activities for establishment of research ethics and prevention of research misconduct, and taking measures therefor; |
| 10. | Management and supervision of the preparation and management of research notes; |
| 11. | Other matters deemed necessary by the head of a central administrative agency concerning the performance of national research and development projects. |
| Article 28-2 (Delivery of Contributions to Specialized Institutions) |
Where promoting a national research and development project (including national research and development projects for which the necessity of joint planning between central administrative agencies prescribed in Article 4 (3) is suggested) requiring collaboration between central administrative agencies for the enhancement of efficiency of investment in national research and development projects, etc., the heads of central administrative agencies may deliver their respective contributions to one specialized institution according to the ratio determined through mutual discussions. In this case, the specialized institution may pay to a relevant research performing institute such contributions delivered to a research performing institute in an integrated manner without distinguishing them by central administrative agency. [This Article Newly Inserted by Presidential Decree No. 28043, May 8, 2017]
| Article 29 (Formulation and Provision of Guidelines for Research Notes) |
| (1) | The Minister of Science and ICT shall formulate and provide necessary guidelines with which researchers and the heads of research institutes performing research and development tasks shall comply in making and managing research notes wherein the process of research from the commencement of research activities to the reporting or announcement of outcomes of research and development, the securement of intellectual property rights, etc. shall be recorded (hereinafter referred to as "guidelines for research notes"). <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25779, Nov. 28, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Matters to be included in guidelines for research notes are as follows: |
| 1. | Concept of research notes; |
| 2. | Roles and responsibilities of researchers and research institutes performing research and development tasks for the preparation and management of research notes; |
| 3. | Methods of preparation and management of research notes; |
| 4. | Other matters necessary for the preparation and management of research notes. |
| (3) | The head of a research institute that performs a research and development task shall prepare and manage internal regulations on the preparation and management of research notes reflecting guidelines for research notes therein. |
| (4) | A researcher shall prepare and manage research notes in accordance with internal regulations referred to in paragraph (3) of a research institute to which he/she belongs. |
| (5) | Where the Minister of Science and ICT intends to prepare or modify guidelines for research notes, he/she shall collect the opinions of the related research institutes, etc. and consult with the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The head of a central administrative agency may inspect whether the head of a research institute that performs a research and development task has prepared internal regulations under paragraph (3) and manages them effectively. <Amended by Presidential Decree No. 22721, Mar. 28, 2011> |
| Article 30 (Prohibition, etc. against Research Misconduct) |
| (1) | No researcher shall conduct any of the following acts when he/she proposes a research and development task, performs research and development, reports outcomes of research and development, announces outcomes of research and development, etc.: <Amended by Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Forging or altering his/her own materials for research and development or outcomes of research and development or indicating a wrong name as the author of a thesis on the materials for research and development or the outcomes of research and development; |
| 2. | Plagiarizing his/her own or another person's materials for research and development or outcomes of research and development in order to use such materials as his/her own materials for research and development materials or outcomes of research and development; |
| 3. | Other acts of research and development performed by any wrongful means. |
| (2) | The head of a central administrative agency, the head of a specialized institution, and the head of a research institute that performs a research and development task shall formulate and implement measures for securing research ethics and preventing research misconduct. |
| (3) | Matters necessary for formulating and implementing measures under paragraph (2) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | In enacting or amending Ordinance of the Ministry of Science and ICT referred to in paragraph (3), the Minister of Science and ICT shall seek opinions from related research institutes, etc. and consult with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 31 (Inspection of Research Misconduct and Measures in Response Thereto) |
| (1) | The head of a specialized institution or the head of a research institute that performs a research and development task shall prepare and manage internal regulations on research ethics reflecting matters prescribed by Ordinance of the Ministry of Science and ICT referred to in Article 30 (3) for the prevention and inspection of research misconduct. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The head of a research institute that performs a research and development task shall inspect acts suspected of research misconduct in accordance with inspection procedures prescribed in internal regulations referred to in paragraph (1) and report the outcomes thereof to the head of a central administrative agency: Provided, That when the head of a research institute that performs a research and development task requests the head of a specialized institution to conduct an investigation on behalf of him/her due to difficulty, etc. of securing an investigation expert, the head of the specialized institution shall conduct the investigation in accordance with inspection procedures prescribed in internal regulations referred to in paragraph (1) and inform the head of the central administrative agency and the head of the research institute that performs the research and development task the outcomes thereof. |
| (3) | Where an act is judged as a research misconduct as a result of an inspection notified under paragraph (2) (including cases of additional inspection conducted directly by himself/herself), the head of a central administrative agency may take such measures as cancellation of an agreement, restriction on participation in national research and development projects, recovery of project costs, request for sanctions, etc. against the head of a research institute, as prescribed by the agreement. |
| (4) | The head of a central administrative agency may inspect whether the head of a specialized institution or the head of a research institute that performs a research and development task has prepared and is effectively operating internal regulations under paragraph (1) and request the Minister of Science and ICT or the head of a relevant central administrative agency to reflect the outcomes of inspection in the evaluation of a research institute that performs a research and development task, allocation and adjustment of the budget for national research and development projects, computation of the appropriation standards for indirect costs under Article 12 (7), etc. <Amended by Presidential Decree No. 22721, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 32 (Concentration on Performance of Research) |
| (1) | The head of a research institute that performs a research and development task shall give consideration to researchers under his/her control to concentrate on the performance of national research and development projects. |
| (2) | The maximum number of research and development tasks that one researcher may perform simultaneously shall be five, and the maximum number of research and development tasks that a person may perform simultaneously as a person in charge of the research shall be three: Provided, That any of the following research and development tasks shall not be included therein: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28043, May 8, 2017; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A research and development task that ends within four months from the closing date of an application filed under Article 6 (4) or the former part of Article 6 (5); |
| 2. | A research and development task related to preliminary survey, planning and evaluation research, or testing, examination and analysis; |
| 3. | A research and development task, the purposes of which are the adjustment and management of detailed tasks; |
| 4. | A research and development task for development of technology jointly performed by small and medium enterprises and nonprofit corporations, the amount of expenses, etc. of which is separately determined by the Minister of Science and ICT after consulting with a relevant central administrative agency (applicable only to the counting of the number of research and development tasks of a researcher belonging to a nonprofit corporation); |
| 5. | A small-scale research and development task, the amount of expenses of which does not exceed the amount separately determined by the Minister of Science and ICT after consulting with a relevant central administrative agency. |
| (3) | Where a person in charge of research who is engaged in a research and development task falls under any of the following subparagraphs, the head of a research institute may obtain approval from the head of a central administrative agency or the head of a specialized institution, or replace a person in charge of research. In such cases, the head of a central administrative agency may differently determine any of the following periods, taking the period of an agreement on the relevant research and development task, etc. into consideration: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24396, Feb. 22, 2013; Presidential Decree No. 24764, Sep. 26, 2013> |
| 1. | Where a person in charge of research intends to stay abroad for at least six months; |
| 2. | Where the head of a research institute intends to dispatch (including education and training, business trip, studies, etc.) a person in charge of research to a domestic or overseas agency continuously for at least six months; |
| 3. | Where there occurs any cause, other than those prescribed in subparagraphs 1 and 2, on account of which a person in charge of research is difficult to perform the relevant research and development task continuously for at least six months. |
| Article 33 (Education of Human Resources Related to Research and Development) |
| (1) | To strengthen the capability of research and support for research of research institutes, researchers, and research-supporting human resources and to enhance the transparency and the efficiency of national research and development projects, the Minister of Science and ICT may plan and implement education courses for human resources related to research and development. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Matters to be included in an education course referred to in paragraph (1) are as follows: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 25779, Nov. 28, 2014> |
| 1. | Planning, management, and evaluation of research; |
| 2. | Support for the creation, protection, and utilization of outcomes of research and development; |
| 4. | Safety in laboratories; |
| 7. | Management of intellectual property rights and utilization of examinations of patent information; |
| 8. | Execution of research and development expenses; |
| 9. | Performance of international joint research and development; |
| 10. | Other matters necessary for the performance of national research and development projects. |
| (3) | The Minister of Science and ICT may entrust the following agencies with affairs necessary for the systematic planning and promotion of education courses for human resources related to research and development and may subsidize expenses incurred therein: <Amended by Presidential Decree No. 23788, May 14, 2012; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25544, Aug. 12, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | Other agency deemed by the Minister of Science and ICT as having the capability of educating human resources related to research and development. |
| (4) | The head of a central administrative agency, the head of a specialized institution, or the head of a research institute shall support persons in charge of research, participating researchers, research-supporting human resources, etc. so that they can participate in education for the enhancement of the capacity for research and research support, including the management of intellectual property, the execution of research and development expenses, etc. <Amended by Presidential Decree No. 26500, Aug. 24, 2015> |
| Article 33-2 (Special Cases concerning Performance of Research and Development Tasks at Basic Research Stage) |
| (1) | Where a multi-year agreement for a research and development task at the basic research stage determined by the head of a central administrative agency has been concluded under Article 9 (3), the head of a managing research institute may expend the remaining balance of annual research and development expenses by including the amount in research and development expenses for the following year during the period of an agreement without obtaining approval from the head of a central administrative agency or the head of a specialized institution, notwithstanding the provisions of Article 12-2 (3) 2. |
| (2) | Where the head of a central administrative agency deems it necessary to formulate different rules on the reporting of the outcomes of research and development under Article 15 (1) through (3) and the reporting of the breakdown of research and development expenses under Article 19 (1) with respect to research and development tasks at the basic research stage referred to in paragraph (1), considering the amount of the research and development expenses, he/she may formulate different rules on the types of documents to be submitted, matters to be included in the reports, and deadlines for submission. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (3) | Where a research and development task at the basic research stage under paragraph (1) is deemed to have been conscientiously performed as a result of an evaluation conducted under Article 16 (1), notwithstanding the fact that it falls under Article 11-2 (1) 1 of the Act, the head of a central administrative agency may choose not to take any unfavorable measures, such as subtraction of points as at the time of selection of a research and development task under Article 7 (5), or restriction on participation and recovery of project costs under Article 27. |
| (4) | and (5) Deleted. <by Presidential Decree No. 26500, Aug. 24, 2015> |
[This Article Newly Inserted by Presidential Decree No. 23788, May 14, 2012]
| Article 33-3 Deleted. <by Presidential Decree No. 26500, Aug. 24, 2015> |
| Article 33-4 (Special Cases concerning Innovative Takeoff-Type Research and Development Projects) |
| (1) | The head of a central administrative agency may determine any national research and development project deemed to fall under any of the following subparagraphs as an innovative takeoff-type research and development project: |
| 1. | A research and development project which can innovatively contribute to academic development or promotion of public welfare; |
| 2. | A research and development project which can create much earnings or form a new industry group or market because of its innovativeness and high industrial application. |
| (2) | In publicly announcing detailed plans for a innovative takeoff-type research and development project referred to in paragraph (1) (hereinafter referred to as "innovative takeoff-type research and development project") pursuant to Article 6 (1), the head of a central administrative agency shall clearly indicate that the relevant project is an innovative takeoff-type research and development project. |
| (3) | In conducting examining for the selection of a research and development task of an innovative takeoff-type research and development project under Article 7 (3), the head of a central administrative agency shall allocate the following scoring ratio to the items of examination classified as follows: |
| 1. | Items concerning the level of difficulties of the objectives of the research and development, and the creativity of a research and development plan: At least 50% of the total points; |
| 2. | Items concerning the research capacity and levels of research ethics of a person in charge of research: At least 20% of the total points. |
| (4) | The head of a central administrative agency may choose not to conduct an interim evaluation of a research and development task of an innovative takeoff-type research and development project under Article 16 (1); and if any interim evaluation is conducted, it shall be done for adjusting or supplementing the details of research and development. |
| (5) | When the head of a central administrative agency conducts a final evaluation of a research and development task for an innovative takeoff-type research and development project under Article 16 (1), he/she shall concentrate on the evaluation of the outcomes of research and development. <Amended by Presidential Decree No. 25779, Nov. 28, 2014> |
| (6) | Where a research and development task of an innovative takeoff-type research and development project is deemed faithfully performed as a result of an evaluation conducted under Article 16 (1), notwithstanding that it is judged as a failed research and development task under Article 17 (4), the head of a central administrative agency shall not take any of the following unfavorable measures, notwithstanding the provisions of Articles 7 (5) and 27: |
| 1. | Subtraction of points as at the time of selection of a research and development task; |
| 2. | Restrictions on participation in national research and development projects and recovery of project costs. |
| (7) | With respect to a research and development task, the additional research and development of which is deemed necessary, among research and development tasks deemed faithfully performed under paragraph (6), the head of a central administrative agency may re-enter into an agreement under Article 9 without undergoing procedures for public announcement of detailed plans by project under Article 6 (1) or for selection of a research and development task under Article 7 (1). |
| (8) | Where the head of a managing research institute requests correction of research objectives of an innovative and takeoff-type research and development task due to changes in technologies in or out of the Republic of Korea, changes in environment, or discovery of new facts, etc., the head of a specialized institution who has individually entered into an agreement with the head of a managing research institute pursuant to the latter part of Article 9 (2) may alter the terms of the agreement. In such cases, the head of a specialized institution shall notify, without delay, the head of a managing research institute and the head of a central administrative agency of the altered terms of such agreement. <Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014> |
[This Article Newly Inserted by Presidential Decree No. 24396, Feb. 22, 2013]
| Article 33-5 (Council for Management, etc. of National Research and Development Projects) |
The Minister of Science and ICT, the heads of relevant central administrative agencies, and the Director of the National Intelligence Service shall cooperate with each other in determining or managing matters necessary for the planning, management, and evaluation of national research and development projects, the management and utilization of national research and development information, etc., and the Minister of Science and ICT may organize and operate a council with a relevant central administrative agencies and the Director of the National Intelligence Service for such purpose. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 27482, Sep. 5, 2016; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 23788, May 14, 2012]
| Article 33-6 (Handling of Personally Identifiable Information) |
If it is unavoidable to perform the following administrative duties, the head of a central administrative agency or the head of a specialized institution may handle data in which resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act are included: <Amended by Presidential Decree No. 25779, Nov. 28, 2014> | 1. | Duties concerning the selection of research and development tasks under Article 7; |
| 2. | Duties concerning conclusion and modification of agreements under Articles 9 and 10; |
| 3. | Duties concerning the evaluation of outcomes of research and development under Article 16; |
| 4. | Duties concerning reporting of the results of use of research and development expenses and settlement of accounts under Article 19; |
| 5. | Duties concerning the collection of royalties under Article 22; |
| 6. | Duties concerning the management of information on research and development under Article 25; |
| 7. | Duties concerning restrictions on participation and recovery of project costs under Article 27; |
| 8. | Duties concerning inspection of research misconduct and measures thereon under Article 31. |
[This Article Newly Inserted by Presidential Decree No. 25544, Aug. 12, 2014]
| Article 34 (Detailed Regulations) |
| (2) | Where the head of a central administrative agency prescribes or amends detailed regulations under paragraph (1), he/she shall notify the Minister of Science and ICT of the details thereof. <Amended by Presidential Decree No. 28043, May 8, 2017> |
[This Article Wholly Amended by Presidential Decree No. 26500, Aug. 24, 2015]
| Article 35 (Re-Examination of Regulation) |
The Minister of Science and ICT shall examine the appropriateness of guidelines for imposing sanction surcharges referred to in Article 27-4 (1) and attached Table 6, every three years, counting from each base date of January 1, 2015 (referring to the periods that ends on the day before January 1 of every third anniversary) and shall take measures, such as making improvements. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 25779, Nov. 28, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 12 (11) (applicable only to matters concerning Article 14 (1) 2), 14 (1) 2 and (3) 5 and 7, and Article 29 shall enter into force on January 1, 2011, and the amended provisions of Article 25 (11) and (12) shall enter into force on June 1, 2011. Article 2 (Special Cases concerning Use of Royalties)
| (1) | The head of an agency holding the ownership of any research and development outcomes (excluding universities and colleges; hereafter the same shall apply in this Article) and the head of a specialized institution shall contribute the amount equivalent to 9% of the share of Government contribution from the royalties collected under Article 11-4 (1) of the Act to the Korea Scientists and Engineers Mutual-Aid Association established under the Korea Scientists and Engineers Mutual-Aid Association Act (hereafter referred to as the "Association" in this Article). In such cases, the head of an agency holding the ownership of research and development outcomes shall undergo the specialized institution. |
| (2) | The amount to be contributed by the heads of agencies holding the ownership of research and development outcomes and the heads of specialized institutions under paragraph (1) to the Association until 2013 shall be 100 billion won, and if the contribution reaches 100 billion won, the contribution shall be discontinued even before 2013. In such cases, the amount contributed to the Association since 2009 in accordance with Article 2 of the Addenda to the partially amended Regulations on Management, etc. of National Research and Development Projects (Presidential Decree No. 21203) (hereafter referred to as "provisions on contribution to the Association" in this Article) shall be included therein. |
| (3) | Where the head of an agency holding the ownership of research and development outcomes, which is a profit-making corporation, pays the royalties collected under Article 11-4 (1) of the Act to a specialized institution under the amended provisions of Article 23 (2) 1, the amount equivalent to 9% of the share of Government contribution out of the royalties shall be deemed to have been contributed to the Association. |
| (4) | When making a contribution to the Association under paragraph (1), the head of an agency holding the ownership of research and development outcomes, which is a nonprofit corporation, shall transfer the relevant amount of royalties to a specialized institution within 30 days from the date on which the royalties are collected under Article 11-4 (1) of the Act. |
| (5) | The head of a specialized institution shall transfer to the Association, within 60 days after the end of each quarter, the amount to be contributed to the Association under paragraph (1), the amount equivalent to 9% of the share of Government contribution out of royalties paid under the amended provisions of Article 23 (2) 1, by the head of an agency holding the ownership of research and development outcomes, which is a profit-making corporation, and the amount transferred under paragraph (4) by the head of an agency holding the ownership of research and development outcomes, which is a nonprofit corporation. |
| (6) | The head of a specialized institution shall transfer to the Association, within three months after this Decree enters into force, the amount which has not been transferred to the Association, out of the amount paid by the head of an agency holding the ownership of research and development outcomes, which is a profit-making corporation, for contribution to the Association in accordance with the provisions on contribution to the Association or the amount transferred by the head of an agency holding the ownership of research and development outcomes, which is a nonprofit corporation, to the Association, and the amount not contributed to the Association, out of the amount subject to contribution to the Association in accordance with the provisions on contribution to the Association, before this Decree enters into force. |
Article 3 (Applicability to Project Proposals to Be Submitted to the National Science and Technology Council)
The amended provisions of Article 4 (7) 7 shall apply to a project proposal submitted to the National Science and Technology Council after this Decree enters into force. Article 4 (Applicability to Cancellation of Agreements)
The amended provisions of Articles 11 (1) 7 and (3) and 19 (4) 2 shall apply to a research and development task for which an agreement (referring to an agreement by stage, in cases of a research and development task which is a continuing task under the amended provisions of Article 7 (8) and the research period of which is divided into stages under the agreement) is concluded under the amended provisions of Article 9 after this Decree enters into force. Article 5 (Applicability to Bearing of Research and Development Expenses by Nonprofit Corporations)
The amended provisions of Article 12 (2) shall apply to a national research and development project publicly announced under the amended provisions of Article 6 after this Decree enters into force. Article 6 (Applicability to Standards for Contribution and Bearing of Research and Development Expenses)
The amended provisions of attached Tables 1 and 2 shall apply to a research and development task for which an agreement is concluded under the amended provisions of Article 9 after this Decree enters into force. Article 7 (Transitional Measures concerning Appropriation Standards by Item of Research and Development Expenses, etc.)
The previous provisions shall govern with respect to appropriation standards by item of research and development expenses and the relations concerning the ownership of research and development outcomes for which an agreement has been concluded under the previous provisions before this Decree enters into force.
Article 8 (Transitional Measures concerning Certification of Outstanding Research Management Institutes)
An institute certified as an outstanding research fund-managing institute under the previous provisions before this Decree enters into force shall be deemed an institute certified as an outstanding institute in the field of managing research funds among other outstanding research management institutes under the amended provisions of Article 14. Article 9 Omitted.
Article 10 (Relationship with Other Statutes)
Where any statutes cite the previous provisions of the Regulations on Management, etc. of National Research and Development Projects as at the time this Decree enters into force, it shall be deemed to have cited the relevant provisions of this Decree in lieu of the previous provisions, if any provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 22721, Mar. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2011: Provided, That the amended provisions of Article 25 (11) shall enter into force on June 1, 2011. Article 2 (Transitional Measures)
Any act by or in relation to the Minister of Education, Science and Technology, such as public notice, certification, establishment, construction, operation, and request for submission in connection with the method of giving unique numbers, appropriation standards for indirect costs, outstanding research management institutes, policies on the management and distribution of knowledge and information, etc. of science and technology, the National Science and Technology Information System, national standards for research and development information, registration numbers of scientists and technologists, research notes, etc. under the previous provisions of Articles 9, 12, 14, 25 and 29 shall be deemed an act by or in relation to the Committee under this Decree.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23527, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23788, May 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012: Provided, That the amended provisions of Articles 4 (1) and 12-3 shall enter into force on January 1, 2013. Article 2 (Applicability to Selection of Research and Development Tasks)
The amended provisions of Articles 7 (3) 9 and (4) and 8 (1) shall apply to a research and development task selected after this Decree enters into force. Article 3 (Applicability to Modification and Cancellation of Agreements)
The amended provisions of Articles 10 (1) 2 and 11 (1) 9 shall apply to a research and development task for which an agreement is concluded after this Decree enters into force. Article 4 (Applicability to Payment and Use of Research and Development Expenses)
The amended provisions of Articles 12 (3) and (5) and 12-2 shall apply to a research and development project for which an agreement is concluded after this Decree enters into force. Article 5 (Applicability to Public Notice of Appropriation Standards for Indirect Costs)
The appropriation standards for indirect cost and the public notice thereof shall be publicly notified from the year 2013 in accordance with the amended provisions of Article 12 (7), but where any nonprofit corporation files a request for the computation and the public announcement thereof for the year 2012, they shall be publicly notified only for the relevant nonprofit corporation. Article 6 (Applicability to Disclosure of Outcomes of Research and Development)
The amended provisions of Article 18 (4) shall apply to cases where a decision of nondisclosure is made after this Decree enters into force: Provided That any decision of nondisclosure made before this Decree enters into force under the previous provisions shall be deemed to be made on the date this Decree enters into force. Article 7 (Applicability to Reporting of Breakdown and Settlement of Research and Development Expenses)
The amended provisions of Article 19 (4), (10) and (11) shall apply to a research and development task for which an agreement is concluded after this Decree enters into force. Article 8 (Applicability to Collection and Use of Royalties)
The amended provisions of Articles 22 (1) and 23 (2) shall apply to a research and development task for which an agreement is concluded after this Decree enters into force: Provided, That where deemed necessary by the head of a central administrative agency, taking the mitigation, etc. of burdens of small and medium enterprises into consideration, they may apply to cases of collecting royalties after this Decree enters into force. Article 9 (Applicability to Restrictions on Participation)
The amended provisions of Article 27 (1) shall apply to a research and development task for which an agreement is concluded after this Decree enters into force. Article 10 (Applicability to Concentration on Performance of Research)
The amended provisions of Article 32 (2) shall apply to a research and development task publicly announced after this Decree enters into force, and the amended provisions of Article 32 (3) shall apply to a research and development task, an agreement on which is concluded after this Decree enters into force. Article 11 Omitted.
ADDENDA <Presidential Decree No. 24396, Feb. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Subtraction of Points at Time of Selecting Research and Development Tasks)
The amended provisions of subparagraph 2 (c) and (d) of attached Table 1-3 shall apply to cases of selecting a research and development task under Article 7 after this Decree enters into force. Article 3 (Applicability to Recovery of Wrongfully Executed Amount)
The amended provisions of subparagraph 1 (a) of attached Table 2-2 shall apply to a research and development task for which an agreement is concluded under Article 9 after this Decree enters into force.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24764, Sep. 26, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Selection of Research and Development Tasks)
The amended provisions of Article 7 (3) 11 shall apply to a research and development task publicly announced after this Decree enters into force. Article 3 (Applicability to Facilitation of Use of Outcomes of Research and Development)
The amended provisions of the latter part of Article 21 (1) shall apply to a research and development task for which a technology implementation contract is concluded after this Decree enters into force. Article 4 (Applicability to Use of Royalties)
The amended provisions of Article 23 (1) shall apply to royalties collected after conclusion of a technology implementation contract after this Decree enters into force. Article 5 (Applicability to Standards for Selection of Members for Evaluation of Research and Development Tasks)
The amended provisions of the proviso to subparagraph 2 (a) and (f) of attached Table 1 shall apply to an evaluation group organized after this Decree enters into force.
Article 6 (Applicability to Standards for Contribution and Bearing of Research and Development Expenses)
The amended provisions of subparagraph 4 of the remarks of attached Table 1-4 shall apply to a research and development project publicly announced after this Decree enters into force.
Article 7 (Applicability to Appropriation Standards by Item of Research and Development Expenses)
The amended provisions of attached Table 2 shall apply to a research and development task for which an agreement is concluded after this Decree enters into force.
Article 8 (Transitional Measures concerning Management of Research and Development Information)
Notwithstanding the amended provisions of Article 25 (4) and (16) 3, the previous provisions shall apply to a research and development task on which an agreement has been concluded before this Decree enters into force. Article 9 (Transitional Measures concerning Standards for Recovery of Wrongfully Executed Amount)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 2-2, the previous provisions shall apply to a research and development task on which an agreement has been concluded before this Decree enters into force.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25544, Aug. 12, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 23 (8) and attached Table 2-3 shall enter into force on January 1, 2015. Article 2 (Applicability to Pre-Survey and Planning)
The amended provisions of Article 4 (2) shall apply, beginning with a national research and development project publicly announced after this Decree enters into force. Article 3 (Applicability to Payment of Research and Development Expenses)
The amended provisions of Article 12 (2) shall apply, beginning with a national research and development project publicly announced after this Decree enters into force. Article 4 (Applicability to Facilitation of Use of Research and Development Outcomes)
The amended provisions of Article 21 (8) and (9) shall apply, beginning with a research and development task for which an agreement is concluded after this Decree enters into force. Article 5 (Applicability to Collection of Royalties)
| (1) | The amended provisions of Article 22 (4) shall apply, beginning with a research and development task for which an agreement is concluded after this Decree enters into force. |
| (2) | The amended provisions of Article 22 (7) shall apply, beginning with a research and development outcome for which a technology implementation contract is entered into after this Decree enters into force. |
Article 6 (Transitional Measures concerning Ownership of Research and Development Outcomes)
Notwithstanding the amended provisions of Article 20 (2), the previous provisions shall apply to a research and development task for which an agreement is concluded before this Decree enters into force. Article 7 (Transitional Measures concerning Use of Royalties)
Notwithstanding the amended provisions of the main sentence of Article 23 (1), the previous provisions shall apply to a research and development outcome for which a technology implementation contract is entered into before this Decree enters into force. Article 8 (Transitional Measures concerning Standards for Contributing and Bearing of Research and Development Expenses by Central Administrative Agencies and Participant Enterprises)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 1-4 and subparagraph 5 of Note of the same attached Table, the previous provisions shall apply to a research and development project publicly announced before this Decree enters into force.
Article 9 (Transitional Measures concerning Standards for Appropriation of Research and Development Expenses by Item of Expenditure)
Notwithstanding the amended provisions of attached Table 2, the previous provisions shall apply to a research and development task for which an agreement is concluded before this Decree enters into force.
Article 10 (Transitional Measures concerning Standards for and Scope of Collection of Wrongfully Executed Amount)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 2-2, the previous provisions shall apply to a research and development task for which an agreement is concluded before this Decree enters into force.
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 the amendment to Presidential Decrees promulgated before this Decree enters into force, the enforcement date of which has not yet arrived, among Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on the dates respective Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25779, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014: Provided, That the amended provisions of attached Table 2-3 shall enter into force on Jan. 1, 2015.
Article 2 (Applicability to Reporting of Outcomes of Research and Development)
The amended provisions of Article 15 (2) 10 shall apply to research and development tasks for which an agreement is made after this Decree enters into force.
ADDENDA <Presidential Decree No. 26500, Aug. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Preferential Treatment in Selecting Research and Development Tasks)
The amended provisions of Article 7 (4) shall apply, beginning with the first research and development task publicly announced under Article 6 (1) after this Decree enters into force. Article 3 (Applicability to Period for Concluding Agreements for International Joint Research)
The amended provisions of Article 9 (1) shall also apply to international joint research of which selection as a research and development task is notified by the head of a central administrative agency before this Decree enters into force and in whose case, one month has not passed since the date of such notification as at the time this Decree enters into force. Article 4 (Applicability to Measures Related to Tasks Evaluated as Outstanding in Final Evaluation)
The amended provisions of Article 19 (5) shall apply, beginning with the first research and development task for which a final evaluation is conducted pursuant to Article 16 (1) after this Decree enters into force: Provided, That in cases of a research and development task at the basic research stage, such provisions shall apply, beginning with the first research and development task for which a final evaluation is conducted pursuant to Article 16 (1) before this Decree enters into force. Article 5 (Applicability to Restrictions on Participation)
The amended provisions of Article 27 (1) 5 (d) shall apply, beginning with the first institute, organization, corporation, person in charge of research, researcher, or executive officer or employee thereof, which or who participates in a research and development task for which an agreement is concluded under Article 9 after this Decree enters into force. Article 6 (Applicability to Standards for Selecting Evaluators of Research and Development Tasks)
The amended provisions of attached Table 1 shall apply, beginning with the first case where an evaluation group of the research and development task is formed under Article 7 (1) after this Decree enters into force. Article 7 (Applicability to Provision of Additional Points in Selecting Research and Development Tasks)
The amended provisions of attached Table 1-3 shall apply, beginning with the first research and development task publicly announced under Article 6 (1) after this Decree enters into force. Article 8 (Applicability to Appropriation Standards by Item of Research and Development Expenses)
| (1) | The amended provisions of the detailed item “students’ labor cost” in attached Table 2 shall apply, beginning with the first research and development task for which an agreement is concluded under Article 9 after this Decree enters into force. |
| (2) | The amended provisions of the detailed items “expenses for research equipment or materials,” “expenses for research activities,” and “indirect costs” in attached Table 2 shall also apply to a research and development task which is in progress, or for which the report on breakdown and the settlement pursuant to Article 19 have not been completed, as at the time this Decree enters into force. |
Article 9 (Special Cases concerning Evaluation of Research Expense Management System)
Notwithstanding the amended provisions of Article 14, the Minister of Science, ICT and Future Planning shall conduct an evaluation of a research expense management system in 2015 and 2016. Article 10 (Transitional Measures Concerning Effective Period of Institutes for Consolidated Management of Students’ Labor Cost)
Notwithstanding the amended provisions of Article 12-3 (2), the previous provisions shall apply to the effective period of an institute for the consolidated management of students' labor cost designated under Article 12-3 (1) before this Decree enters into force.
ADDENDA <Presidential Decree No. 26729, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015: Provided, That the amended provisions of Article 25 shall enter into force on July 1, 2016. Article 2 (Applicability to Lifting of Restrictions on Participation)
The amended provisions of Article 27 (5) shall also apply where royalties unpaid before this Decree enters into force, are paid. Article 3 (Transitional Measures concerning Collection of Royalties)
Notwithstanding the amended provisions of Article 22 (1) 2 and 3, the previous provisions shall apply where a technology implementation contract is concluded before this Decree enters into force. Article 4 (Transitional Measures concerning Restrictions on Participation)
Notwithstanding the amended provisions of Article 27 (1) 6, the previous provisions shall apply where an agreement is concluded under Article 9 before this Decree enters into force. Article 5 (Transitional Measures concerning Standards for Research Cost Contributions and Shares to Be Borne by Central Administrative Agencies and Participant Enterprises)
Notwithstanding the amended provisions of subparagraph 3 of Note 3 of attached Table 1-4, the previous provisions shall apply to a national research and development project for which detailed plans by project are publicly announced before this Decree enters into force.
Article 6 (Transitional Measures concerning Standards for Imposing Sanction Surcharges)
Notwithstanding the amended provisions of attached Table 6, the previous provisions shall apply to research and development tasks for which an agreement is concluded under Article 9 before this Decree enters into force.
ADDENDA <Presidential Decree No. 27369, Jul. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Periods of Restrictions on Participation)
The amended provisions of Article 27 (1) through (3) and attached Table 4-2 shall apply, beginning with the first national research and development project for which an agreement is concluded after this Decree enters into force. Article 3 (Transitional Measures concerning Calculation of Cumulative Number of Participation Restrictions)
The restrictions on participation imposed in relation to a national research and development project for which an agreement is concluded before this Decree enters into force shall not be included in the calculation of the cumulative number of participation restrictions under the amended provisions of attached Table 4-2.
ADDENDUM <Presidential Decree No. 27482, Sep. 5, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 2 shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 28043, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 3, subparagraph 2 (h) in the column for purposes of use of indirect costs specified in attached Table 2, and subparagraph 7 in the column for appropriation standards for indirect costs specified in attached Table 2 shall enter into force six months after their promulgation. Article 2 (Applicability to Preparation, etc. of Research and Development Proposals and Research and Development Plans)
The amended provisions of Article 6 (5), 7 (7), 8 (1) and 24-5 (1) shall apply, beginning with national research and development projects to be publicly announced after this Decree enters into force. Article 3 (Applicability, etc., to Selection of Research and Development Tasks)
| (1) | The amended provisions of Article 7 (4) 8 and subparagraph 1 (g) of attached Table 1-3 shall apply, beginning with national research and development projects to be publicly announced after this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of subparagraph 1 (b) of attached Table 1-3, the national research and development projects publicly announced before this Decree enters into force shall be governed by the previous provisions. |
Article 4 (Applicability to Payment of Research and Development Expenses)
The amended provisions of Article 12 (3) 2 and subparagraph 3 (b) of attached Table 1-4 shall apply, beginning with national research and development projects to be publicly announced after this Decree enters into force. Article 5 (Applicability to Use of Research and Development Expenses)
The amended provisions of Article 12-2 (3) with the exception of its subparagraphs, and subparagraphs 1 (b) and (c) and 3 of Article 12-2 (3) shall apply, beginning with research and development tasks for which an agreement is made after this Decree enters into force. Article 6 (Applicability to Standards for Recovery and Scope of Unreasonably Executed Amounts)
The amended provisions of subparagraphs 1 (j) and 2 (a) of attached Table 2-2 shall apply, beginning with research and development tasks for which an agreement is made after this Decree enters into force.
Article 7 (Applicability to Standards and Procedures for Registration and Entrustment of Outcomes of Research and Development of National Research and Development Projects)
The amended provisions of attached Table 4 shall apply, beginning with outcomes of research and development to be registered with or entrusted to dedicated agencies after this Decree enters into force.
Article 8 (Transitional Measures concerning Application for and Selection of Research and Development Tasks)
Notwithstanding the amended provisions of Articles 6 (4) 7 and 9 and 7 (3) 10, the national research and development projects announced before this Decree enters into force shall be governed by the previous provisions.
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.