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OPTICAL CONVERGENCE TECHNOLOGY DEVELOPMENT AND FOUNDATION ESTABLISHMENT SUPPORT ACT

Act No. 15506, Mar. 20, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to strengthen the competitiveness of optical convergence technology and to contribute to developing national economy by creating foundations to vitalize optical convergence technology.
 Article 2 (Definitions)
The term “optical convergence technology” as used in this Act means technology by which new products are developed or capability of existing products is heightened by blending optical technology that controls and utilizes the characteristics possessed by light, such as energy, wave, particle, etc., with technologies in other fields, such as electronics, machinery, communications, etc.
 Article 3 (Responsibilities of State and Local Governments)
The State and local governments may formulate comprehensive measures necessary to support the development of optical convergence technology and the creation of foundations, and may provide expenses to be incurred therein.
 Article 4 (Relationship with Other Acts)
Unless otherwise expressly prescribed by other Acts with regard to supporting the development of optical convergence technology and the creation of foundations, the provisions of this Act shall apply.
 Article 5 (Formulation and Implementation of Comprehensive Optical Convergence Technology Development Plans)
(1) In order to support the development of optical convergence technology and the creation of foundations, the Minister of Trade, Industry and Energy shall formulate and implement a comprehensive plan to support the development of optical convergence technology and the creation of foundations (hereinafter referred to as “development plan”) after consultation with the heads of relevant central administrative agencies.
(2) A development plan shall include the following matters:
1. Matters concerning developmental direction-setting for the promotion of optical convergence technology;
2. Support for research and development for the promotion of optical convergence technology;
3. Matters concerning the promotion of development, dissemination, diffusion and utilization of optical convergence technology;
4. Matters concerning the standardization of optical convergence technology;
5. Matters concerning training of specialists necessary for promoting optical convergence technology;
6. Matters concerning support for international cooperation in optical convergence technology and expansion of optical convergence technology into overseas markets;
7. Other matters necessary for promoting optical convergence technology.
 Article 6 (Optical Convergence Technology Policy Conference)
(1) In order to have consultation on important matters regarding the promotion of optical convergence technology, support for the creation of foundations, formulation of development plans, etc., the Ministry of Trade, Industry and Energy may establish an optical convergence technology policy conference (hereinafter referred to as the “Policy Conference”).
(2) Matters necessary for the composition, operation, etc. of the Policy Conference shall be prescribed by Presidential Decree.
 Article 7 (Fact-Finding Survey)
(1) In order to efficiently formulate and promote the development plan, the Minister of Trade, Industry and Energy may conduct a fact-finding survey of the current status, etc. of optical convergence technology.
(2) Where needs arise for the fact-finding survey under paragraph (1), the Minister of Trade, Industry and Energy may request the heads of relevant central administrative agencies, heads of local governments, or the enterprises, juristic persons and organizations participating in the national research and development projects to submit relevant data. In such cases, the heads of relevant central administrative agencies, etc. in receipt of a request for data shall comply therewith unless any extenuating ground exists.
(3) Other matters necessary for the scope, methods, etc. of fact-finding survey shall be prescribed by Presidential Decree.
CHAPTER II ?CREATION OF FOUNDATION FOR PROMOTION OF OPTICAL CONVERGENCE TECHNOLOGY
 Article 8 (Training of Specialists)
In order to train specialists necessary for promoting optical convergence technology, the Minister of Trade, Industry and Energy may prepare the following measures:
1. Understanding the status of demand for specialists and formulating an outlook for mid- to long-term supply and demand;
2. Establishing and supporting institutes training specialists;
3. Supporting the development and dissemination of educational programs to train specialists;
4. Supporting the wide adoption of a qualification system with regard to optical convergence technology and supporting the supply of and demand for specialists;
5. Supporting education on optical convergence technology implemented by all levels of schools and other educational institutions;
6. Other matters necessary for training specialists.
 Article 9 (Facilitation of Technological Development and Promotion of International Cooperation)
To facilitate the development of optical convergence technology and promote international cooperation therein, the Minister of Trade, Industry and Energy may promote the following matters:
1. Survey of trends in optical convergence technology and of demand therefor;
2. Matters concerning the creation of a right over a developed technology and practicalization thereof;
3. Matters concerning certification and commercialization of optical convergence technology;
4. Matters concerning international joint research and development with regard to optical convergence technology;
5. Matters concerning international cooperation and marketing with regard to optical convergence technology;
6. Other matters necessary for research, development and international cooperation with regard to optical convergence technology.
 Article 10 (Promotion of Standardization)
To promote optical convergence technology, the Minister of Trade, Industry and Energy may promote the following matters regarding standardization:
1. Establishment, revision or repeal of standards for optical convergence technology and dissemination of such standards;
2. Inspection, research and development of domestic and foreign standards with regard to optical convergence technology;
3. Other matters concerning standardization of optical convergence technology.
 Article 11 (Management and Dissemination of Information on Optical Convergence Technology)
In order to efficiently support the development of optical convergence technology and to facilitate the production, distribution, management and utilization of information on optical convergence technology, the Minister of Trade, Industry and Energy may promote the following projects:
1. Collection, analysis and processing of information on optical convergence technology and construction of database thereof;
2. Construction and operation of an information network on optical convergence technology;
3. Other matters concerning information on optical convergence technology prescribed by Presidential Decree.
 Article 12 (Designation, etc. of Responsible Institution)
(1) In order to efficiently implement projects necessary for promoting optical convergence technology, the Minister of Trade, Industry and Energy may designate an institution that takes exclusive responsibility for the duties of promotion (hereinafter referred to as “responsible institution”).
(2) The responsible institution shall perform the following duties:
1. Support for research of policies for optical convergence technology and for formulation of policies;
2. Training of specialists under Article 8;
3. Facilitation of technological development and promotion of international cooperation under Article 9;
4. Management and dissemination of information on optical convergence technology under Article 11;
5. Other projects necessary for attaining the purpose of designation of the responsible institution.
(3) The Minister of Trade, Industry and Energy may support expenses necessary for the operation, etc. of the responsible institution within budgetary limit.
(4) Where the responsible institution falls under any of the following, the Minister of Trade, Industry and Energy may revoke the designation: Provided, That, where subparagraph 1 is applicable, he/she shall revoke the designation:
1. Where the institution obtained designation by deceit or other fraudulent means;
2. Where the institution no longer qualifies to be a responsible institution;
3. Other cases where the institution has become markedly inappropriate to implement duties as a responsible institution.
(5) Matters necessary for the business of the responsible institution, requirements for designation, procedures therefor, etc. shall be prescribed by Presidential Decree.
 Article 13 (Optical Convergence Technology Research Conference)
(1) In order to facilitate the exchange of information, cooperative research, etc. among research entities in the industry, academia and research circles, the Minister of Trade, Industry and Energy may allow them to organize and operate an optical convergence technology research conference, as prescribed by Presidential Decree.
(2) The State or local governments may fully or partially provide the expenses incurred in the activities of the optical convergence technology research conference under paragraph (1).
 Article 14 (Specialized Optical Convergence Technology Research Institute)
(1) Where needs arise in maintaining and developing a close cooperative system among the industry, academia and research circles, the Minister of Trade, Industry and Energy may permit the establishment of a specialized optical convergence technology research institute that takes charge of the function as a base for the development of optical convergence technology or may designate a research institute as such, as prescribed in Article 42 of the Industrial Technology Innovation Promotion Act.
(2) The State or local governments may fully or partially provide the expenses incurred in operating specialized optical convergence technology institutes established or designated pursuant to paragraph (1).
 Article 15 (Fostering of Nonprofit Juristic Persons, etc.)
(1) The State and local governments shall foster nonprofit juristic persons or organizations that support the promotion of optical convergence technology and academic activities.
(2) The State and local governments may fully or partially provide the expenses incurred in promoting the projects of the nonprofit juristic persons or organizations under paragraph (1).
(3) Matters necessary for the scope, etc. of juristic persons or organizations to be fostered pursuant to paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER III SUPPLEMENTARY PROVISIONS
 Article 16 (Report and Examination)
(1) Where the Minister of Trade, Industry and Energy deems that needs exist for supervision, he/she may take necessary measures, such as issuing an order to a responsible institution to report on its business or submit data, having public officials in his/her Ministry enter the institution, examine documents, etc.
(2) Persons who enter a responsible institution and make an examination pursuant to paragraph (1) shall carry a certificate indicating authority and present it to interested parties.
 Article 17 (Hearings)
Where the Minister of Trade, Industry and Energy intends to revoke the designation of a responsible institution pursuant to Article 12 (4), he/she shall hold a hearing.
 Article 18 (Delegation and Entrustment of Authority)
(1) The Minister of Trade, Industry and Energy may partially delegate his/her authority under this Act to the heads of affiliated agencies, as prescribed by Presidential Decree.
(2) The Minister of Trade, Industry and Energy may partially entrust his/her authority under this Act to a responsible institution or agencies and organizations related to optical convergence technology, as prescribed by Presidential Decree.
 Article 19 (Obligation to Maintain Confidentiality)
No person who performs or has performed duties as entrusted under this Act shall disclose classified information that he/she has learned in the course of performing duties.
 Article 20 (Deemed Public Officials when Penalty Provisions Are Applicable)
The executive officers and employees of the agencies or organizations engaged in the duties entrusted by the Minister of Trade, Industry and Energy pursuant to Article 18 (2) shall be deemed a public official when penalty provisions under Article 129 through 132 of the Criminal Act are applicable.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.