ENFORCEMENT DECREE OF THE WEATHER INDUSTRY PROMOTION ACT
Presidential Decree No. 21874, Dec. 7, 2009
Amended by Presidential Decree No. 22741, Mar. 29, 2011
Presidential Decree No. 25069, Jan. 7, 2014
Presidential Decree No. 25740, Nov. 19, 2014
Presidential Decree No. 27222, jun. 14, 2016
Presidential Decree No. 28159, jun. 27, 2017
Presidential Decree No. 28804, Apr. 17, 2018
| Article 2 (Formulation of Master Plans) |
| (1) | In order to formulate or amend a master plan for the advancement of the weather industry referred to in Article 4 (1) of the Weather Industry Promotion Act (hereinafter referred to as the "Act"), the Administrator of the Korea Meteorological Administration may request the heads of relevant central administrative agencies to submit necessary data. |
| 1. | Facilitation of the use of weather information; |
| 2. | Recommendations on the expansion of the employment of holders of weather-related licenses, or qualification certificates under Article 21 of the Act. |
| Article 3 (Formulation of Implementation Plans) |
| (1) | Where the Administrator of the Korea Meteorological Administration intends to amend an implementation plan for the advancement of the weather industry referred to in Article 5 (1) of the Act (hereinafter referred to as "implementation plan"), he/she shall consult with the heads of relevant central administrative agencies thereon. |
| (2) | In order to formulate or amend an implementation plan, the Administrator of the Korea Meteorological Administration may request the heads of relevant central administrative agencies to submit necessary data. |
| (3) | Where the Administrator of the Korea Meteorological Administration formulates or amends an implementation plan, he/she shall notify the heads of relevant central administrative agencies of such fact. |
| (4) | The heads of relevant central administrative agencies shall submit the results of performing an implementation plan for the preceding year to the Administrator of the Korea Meteorological Administration, by the end of February each year. |
| Article 4 (Registration Standards for Weather Prediction Business, etc.) |
"Human resources and facilities prescribed by Presidential Decree" in Article 6 (1) of the Act shall be as specified in attached Table 1.
| Article 5 (Business Scope, etc. of Weather Prediction Business) |
| 1. | Weather prediction for general requesters: Weather prediction provided for many and random persons through the media, such as broadcasting and newspapers, the website, etc.; |
| 2. | Weather prediction for specific requesters: Weather prediction provided only for the relevant contractor, based on a contract concluded with such contractor that is an enterprise, individual, etc. |
| (2) | The Administrator of the Korea Meteorological Administration may prescribe and provide a public notice of terminology to be used for weather prediction for general requesters referred to in paragraph (1) 1 as well as the standards for the method of evaluating the prediction accuracy. |
| Article 5-2 (Business Scope, etc. of Weather Appraisal Business) |
| 1. | Estimating meteorological phenomena at a specified point based on the results of observing meteorological phenomena, theoretical analysis, etc.; |
| 2. | Estimating the level of influence on a certain incident by meteorological phenomena and the scale of damage, etc. subsequently sustained by the incident. |
| (2) | In order to conduct the weather appraisal business referred to in paragraph (1), the Administrator of the Korea Meteorological Administration may prescribe and give a public notice of necessary matters, such as procedures for conducting the weather appraisal business. |
[This Article Newly Inserted by Presidential Decree No. 27222, Jun. 14, 2016]
| Article 6 (Method, etc. of Concluding Conventions) |
| (1) | Where the head of an institution or organization that has concluded a convention pursuant to Article 9 (1) of the Act (hereinafter referred to as "research institution in charge") intends to cover some of the expenses incurred in performing a research and development project with contributions from a person other than the Government or with technology development expenses of an enterprise (including goods; hereinafter the same shall apply), he/she shall enter into a contract with the person that will bear the expenses, in advance. |
| 1. | A research and development plan, such as the scope of research and development tasks and the method thereof, and person in charge of performing such tasks; |
| 2. | Payment, use and management of research and development expenses; |
| 3. | Reporting on research and development results; |
| 4. | Vesting and practical use of research and development results; |
| 5. | Collection and use of royalties for the practical use of research and development results; |
| 6. | Evaluation of research and development results, and subsequent measures to be taken; |
| 7. | Measures to be taken against the wrongful use of research and development expenses; |
| 8. | Amendment or cancellation of the relevant convention; |
| 9. | Measures to be taken against any violation of the relevant convention; |
| 10. | Matters related to research and development, other than those specified in subparagraphs 1 through 9. |
| Article 7 (Payment and Management of Contributions) |
| (1) | Contributions referred to in Article 9 (2) of the Act shall be paid in installments: Provided, That the donations may be paid in a lump sum, in consideration of the scale of a research and development task, timing to commence the task, financial conditions of the Government, etc. |
| (2) | The head of a research institution in charge that has received contributions pursuant to paragraph (1) shall manage the donations in a separate account. |
| Article 8 (Use of Donations, Reporting on Results of Use of Contributions, etc.) |
| (1) | The head of a research institution in charge, in receipt of contributions under Article 7, shall use them only for any of the following purposes, as prescribed and given a public notice by the Administrator of the Korea Meteorological Administration: |
| 1. | Personnel expenses for researchers; |
| 2. | Direct costs, including expenses for research equipment and materials, expenses for research activities, research allowances, etc.; |
| 3. | Indirect costs, such as expenses to support human resources, research and practical use of the research results; |
| 4. | Expenses incurred in outsourcing research and development. |
| (2) | The head of a research institution in charge shall report, to the Administrator of the Korea Meteorological Administration, the results of use of contributions stated in any of the following documents each year, within two months after the completion of a research and development project for the relevant year: |
| 1. | A plan to use research and development expenses prepared in the Form prescribed by the Administrator of the Korea Meteorological Administration, and the results of paying the expenses; |
| 2. | A written opinion on internal audit of the research institution in charge. |
| (3) | Where a research institution in charge uses contributions for any purpose other than the purposes specified in each subparagraph of paragraph (1) or uses them by fraud or other improper means, the Administrator of the Korea Meteorological Administration shall recover an amount, which is equivalent to the share of the Government contributions, out of the contributions in question, and may cancel the relevant convention as specified by the convention under Article 6 or restrict the research institution in charge from participating in any research and development project subsidized by the Administrator of the Korea Meteorological Administration. |
| Article 9 (Assistance for Commercialization of Research and Development Results) |
| (1) | Any weather business operator, etc. that intends to receive assistance necessary for commercializing the research and development results pursuant to Article 10 (1) of the Act shall submit, to the Administrator of the Korea Meteorological Administration, a business plan and details of a request for assistance. |
| (2) | Where some of the details of the request for assistance under paragraph (1) fall under the jurisdiction of an agency or organization other than the Korea Meteorological Administration, the Administrator of the Korea Meteorological Administration may recommend the applicant to such agency or organization so that the applicant can receive assistance necessary for commercializing research and development results, if such assistance is deemed necessary to commercialize the results. |
| (3) | The Administrator of the Korea Meteorological Administration may collect royalties from any weather business operator, etc. that engages in commercializing research and development results pursuant to Article 10 (1) of the Act, as specified by the convention under Article 6. |
| Article 9-2 (Scope of Projects Eligible for Financial Assistance for Weather Industrial Bodies) |
| 1. | Acquisition of foreign standard certification or approval for domestic weather technology; |
| 2. | Establishment and operation of weather equipment, its operation system, etc. abroad. |
[Newly Inserted by Presidential Decree No. 25069, Jan. 7, 2014]
| Article 10 (Designation of Supporting Institution of Weather Information) |
| (1) | "Human resources and facilities prescribed by Presidential Decree" in Article 16 (1) of the Act shall be as specified in attached Table 2. |
| (2) | Where the Administrator of the Korea Meteorological Administration intends to designate a supporting institution of weather information pursuant to Article 16 of the Act, he/she shall publicly announce the method, period, etc. of applying for the designation in the Official Gazette or daily newspapers or on its website. |
| Article 11 (Projects of Korea Meteorological Institute) |
"Project prescribed by Presidential Decree" in Article 17 (5) 7 of the Act means any of the following projects: <Amended by Presidential Decree No. 25069, Jan. 7, 2014; Presidential Decree No. 28159, Jun. 27, 2017> | 1. | Fact-finding surveys, analysis and improvement of weather information to ensure its use, distribution and promotion; |
| 2. | Publications, exhibitions, and public relations to promote the weather industry; |
| 3. | Surveys and research on policies or technology to foster the weather industry; |
| 4. | Nurturing of specialists on the weather industry; |
| 5. | Production, management and operation of weather information specialized for each field, such as living, health and industry; |
| 6. | Assistance for overseas expansion of the weather industry, such as international consulting related to weather technology; |
| 7. | Assistance for domestic and overseas cooperation in the meteorological field; |
| 8. | Assistance for companies or organizations, etc. which use weather information; |
| 9. | Public relations to improve the understanding of, and increase the use of, weather information. |
| Article 12 (Qualifications in Meteorological Field) |
| 1. | Weather predictor: A professional engineer weather forecaster or engineer meteorology; |
| 2. | Weather appraiser: An engineer meteorology appraiser. |
| Article 13 (Weather-Related Fields) |
“Weather-related fields prescribed by Presidential Decree" referred to in Article 18 (1) 2 of the Act means business involving weather observation, weather prediction, applied meteorology or meteorological research, which is performed by the Korea Meteorological Administration, any national or public institution, the national armed forces under the Act on the Organization of National Armed Forces, any university or college defined in subparagraph 1 of Article 2 of the Higher Education Act, any weather business operator (excluding persons who have filed for business registration for weather equipment), the supporting institution of weather information referred to in Article 16 of the Act (hereinafter referred to as "supporting institution of weather information"), or by the Korea Meteorological Institute referred to in Article 17 (1) of the Act. <Amended by Presidential Decree No. 28159, Jun. 27, 2017>
| Article 14 (Education Courses to be Completed to Obtain Licenses) |
| (2) | The details of the education course and hours of education prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 15 (Acquisition of Licenses) |
| (1) | Any person who intends to obtain a license of weather predictor or weather appraiser pursuant to Article 18 (1) of the Act shall file an application therefor with the Administrator of the Korea Meteorological Administration, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Where a person who has filed an application for the relevant license pursuant to paragraph (1) falls under any subparagraph of Article 18 (1) of the Act, the Administrator of the Korea Meteorological Administration shall state such fact in the register of licenses and then issue the relevant license to such person, as prescribed by Ordinance of the Ministry of Environment. |
| Article 16 (Reissuance of Licenses) |
| (1) | Where a person issued with a license pursuant to Article 15 falls under any of the following cases, he/she shall be issued a renewed license, as prescribed by Ordinance of the Ministry of Environment: |
| 1. | Where the license is lost; |
| 2. | Where the license is too damaged to be used; |
| 3. | Where any entry on the license is amended. |
| (2) | A person who falls under paragraph (1) 2 or 3 and thus intends to be issued a renewed license shall return the previously issued license to the Administrator of the Korea Meteorological Administration. The same shall also apply where a person issued a renewed license under paragraph (1) 1 finds the lost license. |
| Article 17 (License Fees) |
| (1) | A person who intends to be issued or reissued a license pursuant to Article 15 or 16 shall pay, as fees, the amount prescribed by Ordinance of the Ministry of Environment. |
| (2) | Fees referred to in paragraph (1) may be paid by means of revenue stamps, electronic money, electronic payment, etc. through information and communications networks. <Amended by Presidential Decree No. 22741, Mar. 29, 2011> |
| Article 18 (Submission of Data) |
| (1) | The Administrator of the Korea Meteorological Administration may request any weather business operator or the supporting institution of weather information to submit data on weather information it has provided to requesters in the last three years, pursuant to Article 22 (1) of the Act. |
| (2) | A person requested to submit data pursuant to paragraph (1) shall submit the data to the Administrator of the Korea Meteorological Administration, within 15 days from the date the request is received. |
| Article 19 (Access and Inspection) |
A public official who intends to conduct an inspection pursuant to Article 22 (1) of the Act shall notify the person subject to the inspection of an inspection plan including the date and time, purpose, details, etc. of the inspection, seven days before the inspection: Provided, That the same shall not apply where an urgent inspection is required or where the purpose of an inspection is not deemed achievable if prior notification thereof is given.
| Article 19-2 (Management of Personally Identifiable Information) |
[This Article Newly Inserted by Presidential Decree No. 25740, Nov. 19, 2014]
| Article 20 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines pursuant to Article 28 (1) of the Act shall be as specified in attached Table 3.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2009.
Article 2 Omitted.
Article 3 (Relations with other Acts)
ADDENDUM <Presidential Decree No. 22741, Mar. 29, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25069, Jan. 7, 2014>
This Decree shall enter into force on January 17, 2014.
ADDENDUM <Presidential Decree No. 25740, Nov. 19, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27222, Jun. 14, 2016>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDA <Presidential Decree No. 28159, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28804, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 19, 2018.
Article 2 Omitted.