ACT ON THE PROMOTION OF NANOTECHNOLOGY
Act No. 6812, Dec. 26, 2002
Amended by Act No. 8852, Feb. 29, 2008
Act No. 10772, jun. 7, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 14839, Jul. 26, 2017
Act No. 15344, Jan. 16, 2018
The purpose of this Act is to contribute to innovations in science and technology and the development of the national economy, by creating nanotechnology research infrastructure and promoting the systematic fostering and development of nanotechnology.
The definitions of the terms used in this Act shall be as follows:
| 1. | The term "nanotechnology" means the following: |
| (a) | Science and technology developing a material, element or system (hereinafter referred to as "material, etc.") which indicates a new or improved physical, chemical or biological trait by manipulating, analyzing or controlling matter within a range of dimension sized nanometer; |
| (b) | Science and technology which minutely processes a material, etc. within a range of dimension sized nanometer; |
| 2. | The term "nanofab" means all equipment and facilities related to analysis, processing, processes of manufacture or evaluation of traits necessary to promote research and development of nanotechnology. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 3 (Formulation of Basic Policy) |
| (1) | The Government shall formulate a basic policy to foster and develop nanotechnology in order to efficiently achieve the purpose of this Act. |
| (2) | The Government shall endeavor to increase investment funds necessary to promote research and development of nanotechnology and to enhance efficient investment in such research and development. |
| (3) | A government-funded, national or public research institution (hereinafter referred to as "research institution") shall actively cooperate in the implementation of the basic policy under paragraph (1). |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 4 (Formulation of Comprehensive Nanotechnology Development Plan) |
| (1) | The Government shall formulate a comprehensive nanotechnology development plan (hereinafter referred to as "comprehensive development plan") to promote research and development of nanotechnology and shall implement the comprehensive development plan. |
| (2) | The head of each related central administrative agency shall formulate policies and plans for the fields under his/her jurisdiction, on the matters referred to in the subparagraphs of paragraph (4) and notify the Minister of Science and ICT of such polices and plans. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall prepare a draft comprehensive development plan by integrating policies and plans of each related central administrative agency notified under paragraph (2) and confirm the comprehensive development plan following deliberation by the Presidential Advisory Council on Science and Technology (hereinafter referred to as the “Presidential Advisory Council on Science and Technology”) under the Presidential Advisory Council on Science and Technology Act. <Amended by Act No. 11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018> |
| (4) | The comprehensive development plan shall include the following: |
| 1. | Objectives for the development of nanotechnology and basic direction-setting for policies; |
| 2. | Facilitation of research and development of nanotechnology and increase of investment therein; |
| 3. | Promotion of research and development of nanotechnology and promotion of cooperative research among industrial, academic and research circles, and interdisciplinary research; |
| 4. | Expansion of research infrastructure, such as human resources, facilities and information related to nanotechnology; |
| 5. | Promotion of international cooperation in nanotechnology; |
| 6. | Dissemination of the findings of research on nanotechnology and technology transfer; |
| 7. | Other important matters prescribed by Presidential Decree concerning the development of nanotechnology. |
| (5) | Where necessary due to changes in the trends of development and the conditions of research and development of nanotechnology, the Government shall revise and supplement the comprehensive development plan pursuant to paragraph (3). |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 5 (Formulation of Implementation Plans) |
| (1) | The head of each related central administrative agency shall formulate an annual implementation plan (hereinafter referred to as "implementation plan") in accordance with the comprehensive development plan and implement such plan. |
| (2) | The Minister of Science and ICT shall integrate an implementation plan for the relevant year and the implementation performance in the preceding year and shall report thereon to the Presidential Advisory Council on Science and Technology, as prescribed by Presidential Decree. <Amended by Act No. 11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018> |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 6 (Implementation of Research and Development) |
| (1) | The head of each related central administrative Agency shall implement nanotechnology research and development projects on the fields under his/her jurisdiction and formulate policies supporting such projects in accordance with the comprehensive development plan. |
| (2) | When the Government implements a nanotechnology research and development project, it shall reflect industrial demand and the forecasted results of technological development therein. |
| (3) | The Minister of Science and ICT shall prepare a comprehensive technical map in the fields of nanotechnology for the formulation of technological development strategies and direction-setting for investment in research and development, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | When the head of each related central administrative agency implements a nanotechnology research and development project, he/she shall actively reflect the technical map prepared pursuant to paragraph (3) in the production of a core technology intended for development. |
| (5) | The Government shall promote interdisciplinary cooperative research based upon the traits of nanotechnology, and formulate a plan to promote international cooperation and joint research. |
| (6) | The Government shall regularly survey and analyze the trends of development and the direction-setting for investment in leading countries on nanotechnology and reflect the findings therefrom in policies related to nanotechnology. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 7 (Korea Nanotechnology Research Society) |
| (1) | The Minister of Science and ICT may permit industrial, academic and research circles to form and operate the Korea Nanotechnology Research Society in order to promote information exchange, human resources exchange, and cooperative research among researchers in industrial, academic and research circles, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Government may fully or partially subsidize the activities of the Korea Nanotechnology Research Society under paragraph (1). |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 8 (Support for Private Technological Development) |
| (1) | The Government shall formulate support policies, such as the supply of quality nanotechnology human resources, tax and financial support and preferential purchases, in order to revitalize nanotechnology research and development and encourage investment in research and development by the private sector. |
| (2) | The Government shall preferentially implement support policies under paragraph (1) for technology-intensive small and medium enterprises using nanotechnology and business startups using nanotechnology. |
| (3) | The Minister of Science and ICT shall reflect the findings from surveys on nanotechnology research and development activities in the private sector under Article 9 in policies related to nanotechnology development in order to efficiently implement support policies under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 9 (Surveys on Nanotechnology Research and Development Activities) |
| (1) | The Minister of Science and ICT may survey and analyze nanotechnology research and development activities of the private sector to efficiently implement support policies under Article 8 (1), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Where necessary to conduct surveys and analyses under paragraph (1), the Minister of Science and ICT may request data from enterprises, corporations and organizations participating in national research and development projects. In such cases, the enterprises, corporations and organizations so requested shall provide cooperation therein, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 10 (Training of Professional Human Resources) |
| (1) | The Government shall formulate a plan to train nanotechnology human resources and policies on the provision of educational and training programs related to the training of human resources, overseas training of professional human resources and attracting and utilizing quality overseas human resources in order to develop human resources necessary to promote the development of nanotechnology. |
| (2) | The Minister of Science and ICT shall forecast the outlook of the supply of and demand for human resources in the fields of nanotechnology in consultation with the heads of related central administrative agencies and reflect the results thereof in the plan to train nanotechnology human resources and policies under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Government may entrust nanotechnology human resources training services under paragraph (1) to an institution, organization or university related to nanotechnology, as prescribed by Presidential Decree. |
| (4) | The Government may grant a subsidy to an institution, organization or university which provides nanotechnology human resources training services pursuant to paragraph (3) to help them cover all or some of the associated expenses. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 11 (Increase of Research Facilities, etc.) |
| (1) | The Government shall formulate a policy to increase research and development facilities and equipment related to nanotechnology and implement such policy in order to efficiently implement research and development of nanotechnology. |
| (2) | The Government shall establish and operate the Nanofab Center to perform functions, such as the joint utilization of research and development facilities and equipment related to nanotechnology of industrial, academic and research circles, training of professional human resources, commercialization of research outcomes and support for business startups, as prescribed by Presidential Decree. |
| (3) | The Government shall create conditions suitable for the operation of research institutes related to nanotechnology and enterprises which start business using nanotechnology centering around the neighboring area of the Nanofab Center. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 12 (Commercialization of Research and Development) |
| (1) | The head of each related central administrative agency shall formulate and implement support policies necessary to promote the commercialization of developed nanotechnology. |
| (2) | Matters regarding the details of support policies under paragraph (1) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 13 (Research Institutes Specialized in Nanotechnology) |
| (1) | Where necessary to maintain and develop a system of close cooperation among industrial, academic and research circles, the Minister of Science and ICT may establish or designate a research institute specialized in nanotechnology which will play a role as a stronghold for research and development of nanotechnology in consultation with the heads of related central administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The Government may fully or partially subsidize operation of a research institute specialized in nanotechnology established or designated pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 14 (Establishment of Technology Information System) |
| (1) | The Government shall formulate and implement the following policies to efficiently support research and development of nanotechnology and promote the production, distribution, management and utilization of nanotechnology information: |
| 1. | Collection, analysis and processing of nanotechnology information and establishment of database; |
| 2. | Establishment and operation of a nanotechnology information network; |
| 3. | Establishment and operation of a virtual reality laboratory related to nanotechnology; |
| 4. | Other matters prescribed by Presidential Decree in relation to nanotechnology information. |
| (2) | Where necessary to effectively implement policies referred to in paragraph (1), the Minister of Science and ICT may designate an institution specialized in nanotechnology information management, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may fully or partially subsidize operation of an institution specialized in nanotechnology information management designated pursuant to paragraph (2). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 15 (Establishment of Standardized Measurement System) |
The Government shall establish a standardized system for measurement on the areas of nanotechnology pursuant to Article 19 (1) of the Framework Act on National Standards to effectively implement research and development of nanotechnology and promote the commercialization of research outcomes. [This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 16 (Creation of Nanotechnology Research Complexes) |
| (1) | The Government may support the creation of a nanotechnology research complex in order to enhance efficiency in research and development of nanotechnology through organic connections among industrial, academic and research circles at a certain location, and attract or foster Korean and overseas nanotechnology-intensive enterprises. |
| (2) | The head of each related central administrative agency may fully or partially subsidize a project creating a nanotechnology research complex managed by a local government within budgetary limits. |
| (3) | Matters necessary to support the creation of a nanotechnology research complex under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 17 (Fostering of Non-Profit Corporations, etc. Related to Nanotechnology) |
| (1) | The Government shall foster non-profit corporations or organizations which support the advancement of nanotechnology and academic activities. |
| (2) | The Government may fully or partially fund or subsidize a project to a non-profit corporations or organizations under paragraph (1). |
| (3) | Such matters as the scope of corporations or organizations eligible for fostering under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 18 (Tax Exemption) |
Items deemed essential among tools and materials and equipment necessary for nanotechnology research and development activities may be exempt from tariffs and value-added taxes, as prescribed by the Restriction of Special Taxation Act. [This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
| Article 19 (Nanotechnology Impact Assessment) |
The Government shall assess the impact of the development and industrialization of nanotechnology on the economy, society, culture, ethics and the environment and reflect the results thereof in policies, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10772, Jun. 7, 2011]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures) A comprehensive nanotechnology development plan deliberated on and confirmed by the National Science and Technology Council under Article 9 (2) 1 of the Framework Act on Science and Technology shall be deemed formulated in accordance with Article 4. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10772, Jun. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation.
Articles 2 through 4 Omitted.