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ENFORCEMENT DECREE OF THE PRESIDENTIAL ADVISORY COUNCIL ON SCIENCE AND TECHNOLOGY ACT

Wholly Amended by Presidential Decree No. 28799, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Presidential Advisory Council on Science and Technology Act and matters necessary for the enforcement of said Acts.
 Article 2 (Composition)
"Heads of central administrative agencies and public officials in political service prescribed by Presidential Decree" in Article 3 (3) 2 of the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the "Act") means the following persons:
1. The Minister of Finance and Strategy; the Minister of Education, the Minister of Science and ICT; the Minister of Trade, Industry and Energy; the Minister of SMEs and Startups; and the heads of central administrative agencies whom the Chairperson of the Presidential Advisory Council on Science and Technology (hereinafter referred to as the "Chairperson") deems related to items on the agenda presented to the Presidential Advisory Council on Science and Technology;
2. The Assistant to the President for affairs concerning science and technology in the Presidential Secretariat.
 Article 3 (Convening Meetings, etc.)
(1) Where the Chairperson convenes a meeting of the Plenary Council (hereinafter referred to as the "Plenary Council") under Article 5 (2) of the Act, the Advisory Council (hereinafter referred to as the "Advisory Council") under paragraph (3) of the aforesaid Article or the Deliberative Council (hereinafter referred to as the "Deliberative Council") under paragraph (4) of the aforesaid Article, he/she shall distribute the meeting agenda to members of the relevant Council and persons who attend the meeting; and shall speak at the meeting pursuant to paragraph (6) of the aforesaid Article and notify them of the date, time and venue of the meeting no later than seven days before the meeting: Provided, That the foregoing shall not apply in emergencies or in other extenuating circumstances.
(2) The Plenary Council, the Advisory Council and the Deliberative Council shall prepare and keep minutes.
 Article 4 (Operation of Subcommittees)
(1) The Subcommittees established within the Advisory Council pursuant to Article 6 (1) of the Act shall be as follows:
1. The Subcommittee on Science and Technology Infrastructure;
2. The Subcommittee on Science and Technology Innovation;
3. The Subcommittee on Science and Technology Society;
4. Other subcommittees which the Chairperson deems necessary to efficiently operate the Advisory Council.
(2) Where a member who convenes and presides over meetings pursuant to Article 6 (3) of the Act deems it necessary, he/she may require members belonging to other subcommittees to attend meetings of the subcommittee to which he/she belongs.
(3) To support each subcommittee, each subcommittee may have one secretary from among those under Article 9 (3) of the Act.
 Article 5 (Expert Advisors)
(1) The Advisory Council may have expert advisors to conduct professional research and studies on its affairs.
(2) The Chairperson shall appoint expert advisors under paragraph (1) from among experts who have abundant knowledge and experience in the fields of science and technology, politics, economics, human science, sociology and culture.
 Article 6 (Request to Present Agenda to Deliberative Council)
(1) Where the Chairperson deems it necessary to consult with the head of a central administrative agency or local government about major policy and research development plans and projects related to science and technology and industrial policy, human resource policy and local technical innovation policy related to science and technology innovation implemented by the relevant central administrative agency or local government, he/she may request the head of the central administrative agency or the local government which implements the relevant policies, plans or projects to present the relevant agenda for deliberation by the Deliberative Council.
(2) The head of the relevant central administrative agency or the relevant local government who receives a request to present the agenda for deliberation by the Deliberative Council pursuant to paragraph (1) shall comply with such request except in extenuating circumstances.
 Article 7 (Composition and Operation of Steering Committee)
(1) The Steering Committee (hereinafter referred to as the "Steering Committee") under Article 7 (1) of the Act shall be comprised of not more than 35 members, including one chairperson.
(2) The Director for Science and Technology Innovation shall serve as the chairperson of the Steering Committee and the following persons shall serve as its members:
1. Persons appointed by the head of the relevant agency from among public officials in general service belonging to the Senior Executive Service of the Ministry of Finance and Strategy; the Ministry of Education; the Ministry of Science and ICT; the Ministry of National Defense; the Ministry of the Interior and Safety; 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 Ministry of SMEs and Startups and the Office for Government Policy Coordination; the Vice Minister of the Food and Drug Safety; the Vice Administrator of the Defense Acquisition Program Administration; the Vice Administrator of the Rural Development Administration; the Vice Commissioner of the Korean Intellectual Property Office; and the Vice Administrator of the Korea Meteorological Administration;
2. The chairperson of the Expert Committee under Article 9 (2).
(3) The chairperson of the Steering Committee shall preside over its affairs; and where he/she deems it necessary or a member requests him/her to convene a meeting, he/she shall convene the meeting of the Steering Committee.
(4) Where the chairperson of the Steering Committee convenes a meeting, he/she shall distribute the meeting agenda to all the members thereof; and shall notify them of the date, time and venue of the meeting by no later than seven days before he/she holds the meeting: Provided, That the foregoing shall not apply in emergency or in other extenuating circumstances.
(5) A quorum for the Steering Committee meetings shall be a majority of the incumbent members are present; and resolutions shall be adopted with the concurrent votes of a majority of the members present.
(6) The Steering Committee shall have one secretary, and the chairperson of the Steering Committee shall appoint the secretary from among public officials in general service belonging to the Senior Executive Service belonging to the Ministry of Science and ICT.
(7) Persons appointed by the Chairperson from among members of the Deliberative Council under Article 5 (4) of the Act; members of the Local Science and Technology Promotion Council under Article 11 (1) of this Decree; and members of the Basic Research Promotion Council under Article 12 (1) may attend and speak at meetings of the Steering Committee.
(8) The Steering Committee shall prepare and keep minutes.
 Article 8 (Agenda Delegated to Steering Committee)
The agenda of which deliberation the Deliberative Council delegates to the Steering Committee pursuant to Article 7 (1) of the Act shall be as follows:
1. Matters concerning an implementation plan for the following year and the outcomes achieved in the preceding year under subparagraph 2 (c) of Article 2 of the Act;
2. Matters concerning recommendations to invest in research and development under subparagraph 2 (d) of Article 2 of the Act;
3. Matters concerning coordination of policies related to science and technology innovation in cultural industries and tourism, components and raw materials and process innovation under subparagraph 2 (j) of Article 2 of the Act;
4. Matters concerning direction-setting and standards for government investment in research and development under Article 12-2 (3) of the Framework Act on Science and Technology;
5. Matters concerning establishing and implementing the National Standard Classification of Science and Technology under Article 27 (1) of the Framework Act on Science and Technology;
6. Matters concerning opinions to be presented to the Minister of Science and ICT concerning the supervision of projects and budgets of research societies and research institutions under Article 29 (2) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
7. Matters concerning the findings from specific assessment and high-level assessment under Article 7 of the Act on the Performance Evaluation and Management of National Research and Development Projects, Etc.;
8. Matters concerning the determination of public institutions subject to recommendation to invest in basic research and the size of investment therein under Article 13 (2) of the Basic Research Promotion and Technology Development Support Act;
9. Matters concerning plans for researching and analysing national research and development projects under Article 20 (1) of the Enforcement Decree of the Framework Act on Science and Technology and the outcomes from researching and analysing the same under paragraph (4) of the aforesaid Article;
10. Matters concerning reports on the result of budget compilation related to national research and development projects submitted pursuant to Article 21 (4) of the Enforcement Decree of the Framework Act on Science and Technology;
11. Matters concerning reports on the findings from science and technology forecasting and surveys on technical demands conducted by the heads of related central administrative agencies pursuant to Article 22 (5) of the Enforcement Decree of the Framework Act on Science and Technology;
12. Matters concerning reports on the findings from technical impact assessment of the relevant fields conducted by the heads of related central administrative agencies pursuant to Article 23 (8) of the Enforcement Decree of the Framework Act on Science and Technology;
13. Matters concerning reports on the result of technical level assessment of the relevant fields conducted by the heads of related central administrative agencies pursuant to Article 24 (1) of the Enforcement Decree of the Framework Act on Science and Technology;
14. Matters concerning reports on plans concerning the expansion of and upgrading facilities and equipment for research and development under Article 42 (4) 1 of the Enforcement Decree of the Framework Act on Science and Technology;
15. Matters concerning the inspection of the outcomes achieved under Article 50 (3) of the Enforcement Decree of the Framework Act on Science and Technology;
16. Matters concerning implementation plans and the outcomes achieved by years of related plans provided by other statutes to be formulated following deliberation by the Deliberative Council;
17. Minor matters decided by the Steering Committee, exempt from deliberation by the Deliberative Council, such as routine or repeated items or statistics;
18. Other matters delegated by the Chairperson to the Steering Committee following deliberation by the Deliberative Council.
 Article 9 (Composition and Operation of Expert Committee)
(1) Where it is necessary to efficiently review the agenda to be presented to meetings of the Steering Committee, expert committees in each field may be established and operated within the Steering Committee.
(2) Each expert committee shall be comprised of not more than 20 members including one chairperson, and the chairperson of the Steering Committee shall appoint or commission the chairperson and members of each expert committee from among the following persons in consideration of specialities and gender:
1. Experts who have abundant knowledge and experience in the relevant field of each expert committee;
2. Public officials in general service belonging to the Senior Executive Service belonging to the Ministry of Science and ICT, Grade-3 and -4 public officials or senior researchers equivalent thereto related to operating each expert committee.
(3) The term of office of members commissioned pursuant to paragraph (2) 1 shall be two years.
(4) Where it is necessary to efficiently review the agenda, each expert committee may establish and operate small councils, and matters necessary to establish and operate small councils shall be determined by a resolution adopted by the relevant expert committee.
(5) Each expert committee shall have one secretary, and the chairperson of the Steering Committee shall appoint the secretary of each expert committee from among public officials in general service belonging to the Ministry of Science and ICT.
 Article 10 (Composition and Operation of Special Committee)
(1) The Special Committee (hereinafter referred to as the "Special Committee") under Article 7 (2) of the Act shall be comprised of not more than 25 members including one chairperson.
(2) The Director for Science and Technology Innovation or a person appointed by the Minister of Science and ICT from among members under subparagraph 1 shall serve as the chairperson of the Special Committee, and the following persons shall serve as its members:
1. Persons appointed by the Minister of Science and ICT from among experts who have abundant knowledge of and experience in matters to be discussed by the Special Committee;
2. Persons appointed by the head of the relevant agency from among public officials belonging to the Senior Executive Service of the central administrative agency the chairperson of the Special Committee deems related to matters to be discussed by the Special Committee.
(3) The term of office of members appointed pursuant to paragraph (2) 1 shall be within two years while the Special Committee continues.
(4) Where it is necessary to efficiently review the agenda, the Special Committee may establish and operate a working committee, and matters necessary to establish and operate the working committee shall be determined by a resolution adopted by the Special Committee.
(5) The Special Committee shall have one secretary, and the chairperson of the Special Committee shall appoint the secretary from among public officials in general service belonging to the Ministry of Science and ICT: Provided, That where the chairperson of the Special Committee deems it necessary, he/she may additionally appoint one public official in general service of the relevant agency the secretary on the recommendation of the head of the central administrative agency to which a member under paragraph (2) 2 belongs.
(6) The Special Committee shall prepare and keep minutes.
 Article 11 (Composition and Operation of Local Science and Technology Promotion Council)
(1) The Local Science and Technology Promotion Council (hereinafter referred to as the "Local Council") under Article 7 (3) of the Act shall be comprised of not more than 30 members, including one chairperson based upon gender equality.
(2) The Minister of Science and ICT shall appoint or commission the chairperson of the Local Council from among its members, and the following persons shall serve as its members. In such cases, where the Minister of Science and ICT appoints members under subparagraph 1, he/she may receive recommendations from the heads of related central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-governing City Mayors, Do Governors, the Special Self-governing Province Governor and research institutions and organizations related to local science and technology promotion:
1. Persons appointed by the Minister of Science and ICT, who are experts with extensive knowledge and experience in local science and technology promotion;
2. Any of the following persons appointed by the head of the relevant agency:
(a) Public officials in general service belonging to the Senior Executive Service of the central administrative agency which the chairperson of the Local Council deems related to the agenda presented for deliberation by the Local Council;
(b) Public officials in general service belonging to the Senior Executive Service of the Presidential Committee for Balanced National Development under Article 22 (1) of the Special Act on Balanced National Development;
(c) Grade-1 public officials or equivalent thereto of a local government which the chairperson of the Local Council deems related to the agenda presented for deliberation by the Local Council.
(3) The term of office of members appointed pursuant to paragraph (2) 1 shall be two years.
(4) The chairperson of the Local Council shall preside over affairs of the Local Council, and where he/she deems it necessary or a member requests him/her to convene a meeting, he/she shall convene a Local Council meeting.
(5) Where the chairperson of the Local Council is unable to perform his/her duties due to extenuating circumstances, a member whom he/she has pre-appointed shall perform the duties of the chairperson of the Local Council on his/her behalf.
(6) Where the chairperson of the Local Council convenes a meeting, he/she shall distribute the agenda to all the members thereof and notify them of the date, time and venue of the meeting by no later than seven days before he/she holds the meeting: Provided, That the foregoing shall not apply in emergency or in other extenuating circumstances.
(7) The Local Council shall hold meetings when a majority of the incumbent members are present and adopt resolutions with the concurrent votes of a majority of the members present.
(8) The Local Council may establish and operate a working council to preview the agenda to be presented for deliberation, and matters necessary to establish and operate the working council shall be determined by a resolution adopted by the Local Council.
(9) The Local Council shall have one secretary, and the Minister of Science and ICT shall appoint the secretary from among members belonging to the Ministry of Science and ICT, who are members under paragraph (2) 2 (a): Provided, That where the chairperson of the Local Council deems it necessary, he/she may appoint one further member the secretary from among members belonging to the central administrative agency other than the Ministry of Science and ICT, who are members under paragraph (2) 2 (b), or from among members under item (b) of the aforesaid subparagraph.
(10) The Local Council shall write and keep minutes.
 Article 12 (Composition and Operation of Basic Research Promotion Council)
(1) The Basic Research Promotion Council (hereinafter referred to as the "Basic Research Council") under Article 7 (4) of the Act shall be comprised of not more than 30 members including one chairperson in consideration of gender.
(2) The Minister of Science and ICT shall appoint the chairperson of the Basic Research Council from among members under subparagraph 1, and the following persons shall serve as its members. In such cases, where the Minister of Science and ICT appoints members under subparagraph 1, he/she may receive recommendations from scientific societies, etc. related to basic research promotion:
1. Persons appointed by the Minister of Science and ICT, who are experts with extensive knowledge and experience in basic research;
2. Persons appointed by the head of the central administrative agency from among public officials in general service belonging to the Senior Executive Service of the relevant central administrative agency which the chairperson of the Basic Research Council deems related to the agenda presented for deliberation by the Basic Research Council.
(3) The term of office of members appointed pursuant to paragraph (2) 1 shall be two years.
(4) The chairperson of the Basic Research Council shall preside over affairs of the Basic Research Council, and where he/she deems it necessary or a member requests him/her to convene a meeting, he/she shall convene a Basic Research Council meeting.
(5) Where the chairperson of the Basic Research Council is unable to perform his/her duties due to extenuating circumstances, a member whom he/she has appointed in advance shall perform the duties of the chairperson of the Basic Research Council on his/her behalf.
(6) Where the chairperson of the Basic Research Council convenes a meeting, he/she shall distribute the agenda to all the members thereof, and shall notify them of the date, time and venue of the meeting by no later than seven days before he/she holds the meeting: Provided, That the foregoing shall not apply in emergency or in other extenuating circumstances.
(7) The Basic Research Council shall hold meetings when a majority of the incumbent members are present and adopt resolutions with the concurrent votes of a majority of the members present.
(8) The Basic Research Council shall have one secretary for efficiently operating and supporting the same, and the Minister of Science and ICT shall appoint the secretary from among members belonging to the Ministry of Science and ICT, who are members under paragraph (2) 2.
(9) The Basic Research Council shall prepare and keep minutes.
 Article 13 (Secretary)
The Chairperson shall appoint a secretary under Article 9 (1) of the Act from among assistants to the Minister of Science and ICT or to the President for affairs concerning science and technology in the Presidential Secretariat.
 Article 14 (Composition and Operation of Secretariat)
(1) The Presidential Advisory Council on Science and Technology Support Team (hereinafter referred to as the "Support Team") shall be established as a secretariat under Article 9 (2) of the Act; and the Support Team shall conduct the following affairs:
1. Matters concerning supporting the operation of the Presidential Advisory Council on Science and Technology;
2. Matters concerning public affairs and international cooperation of the Presidential Advisory Council on Science and Technology;
3. Other matters the Chairperson instructs concerning the operation of the Presidential Advisory Council on Science and Technology.
(2) The Support Team shall have one head, and the head of the Support Team shall preside over affairs of the Support Team and direct and supervise staff members under his/her jurisdiction under the direction of the Chairperson.
(3) Where it is necessary to conduct affairs of the Support Team, the Presidential Advisory Council on Science and Technology may employ experts in the related fields as public officials who work contractually during the term of office, within the budgetary limits.
 Article 15 (Request to Conduct Research and Studies)
(1) The Presidential Advisory Council on Science and Technology, the Steering Committee, the Expert Committee, the Special Committee, the working committee, The Local Council, the working council and the Basic Research Council may request related experts or related institutions or organizations both in Korea and abroad to conduct research and studies necessary for their affairs.
(2) Where the Presidential Advisory Council on Science and Technology, the Steering Committee, the Expert Committee, the Special Committee, the working committee, the Local Council, the working council and the Basic Research Council request related experts or related institutions or organizations to conduct research and studies pursuant to paragraph (1), they may pay necessary expenses, within the budgetary limits.
 Article 16 (Gathering Opinions)
Where it is necessary to deliberate on agenda items and to conduct other affairs, the Steering Committee, the Expert Committee, the Special Committee, the working committee, the Local Council, the working council and the Basic Research Council may require related experts or related institutions or organizations to report their opinions to the Presidential Advisory Council on Science and Technology; and may hold public hearings if necessary.
 Article 17 (Allowance, etc.)
The Presidential Advisory Council on Science and Technology, the Steering Committee, the Expert Committee, the Special Committee, the working committee, the Local Council, the working council and the Basic Research Council may pay allowances and travel expenses to members who attend meetings and related experts, etc. who attend meetings, public hearings, etc. within budgetary limits: Provided, That the foregoing shall not apply where a member, etc. who is a public official attends meetings in direct relation with his/her business.
 Article 18 (Detailed Operating Rules)
(1) Except as otherwise expressly provided for in this Decree, matters necessary for operating the Plenary Council, the Advisory Council, the Deliberative Council and the Support Team shall be determined by the Chairperson through a resolution adopted by the Plenary Council.
(2) Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the Steering Committee, the Expert Committee, the Special Committee, the Local Council, and the Basic Research Council shall be determined by the Chairperson by a resolution adopted by the relevant Committee and Council, respectively.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Article 2 (Repeal of Other Statutes)
The Regulations concerning the Establishment and Operation of the Science and Technology Strategy Council are hereby repealed.
Article 3 (Transitional Measures concerning Expert Advisors)
An expert advisor appointed pursuant to the former Article 5 as at the time this Decree enters into force shall be deemed appointed as the expert advisor pursuant to the amended provisions of Article 5.
Article 4 (Transitional Measures concerning Steering Committee, etc.)
The Steering Committee; the Expert Committee; the Special Committee; the working committee; the Local Science and Technology Promotion Council; the working council and the Basic Research Promotion Council under the former Enforcement Decree of the Framework Act on Science and Technology (referring to the Enforcement Decree of the Framework Act on Science and Technology before it is amended by Presidential Decree No. 28800; hereinafter the same shall apply) as at the time this Decree enters into force shall be deemed the Steering Committee; the Expert Committee; the Special Committee; the working committee; the Local Council; the working council and the Basic Research Council under this Decree, respectively.
Article 5 (Transitional Measures concerning Members of Steering Committee, etc.)
Members of the Steering Committee; the Expert Committee; the Special Committee; the Local Science and Technology Promotion Council and the Basic Research Promotion Council appointed or commissioned pursuant to the former Enforcement Decree of the Framework Act on Science and Technology as at the time this Decree enters into force shall be deemed appointed or commissioned as members of the Steering Committee; the Expert Committee; the Special Committee; the Local Council and the Basic Research Council pursuant to this Decree, respectively. In such cases, the term of office of a member commissioned shall be the remainder of the former term of office.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
Where the provisions of the former Enforcement Decree of the Presidential Advisory Council on Science and Technology Act are cited by other statutes as at the time this Decree enters into force, in which case the provisions corresponding thereto exist in this Decree, the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions.