SPECIFIC RESEARCH INSTITUTES SUPPORT ACT
Act No. 2671, Dec. 31, 1973
Amended by Act No. 2898, Nov. 5, 1976
Act No. 3404, Mar. 30, 1981
Act No. 8852, Feb. 29, 2008
Act No. 10778, jun. 7, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12765, Oct. 15, 2014
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to prescribe matters necessary for the protection and fostering of research institutes contributed to by the Government for the development of science, technology, industry and economy.
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 2 (Specific Research Institutes) |
Research institutes eligible for protection and fostering by the Government under this Act shall be those established under special Acts as well as those which are incorporated foundations designated by Presidential Decree (hereinafter referred to as "specific research institutes").
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 3 (Contributions, etc.) |
| (1) | In order to reimburse expenses incurred for the establishment, construction, research and operation of specific research institutes or joint use facilities under Article 8 (1) and appropriate funds for the operation thereof, the Government may pay contributions to such specific research institutes or joint management organizations under Article 8 (2) (hereinafter referred to as "joint management organizations"). |
| (2) | Matters necessary for the payment, use, management, etc. of contributions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 4 (Gratuitous Conveyance, etc. of State Properties) |
| (1) | When necessary for the construction and operation of specific research institutes or joint use facilities under Article 8 (1), the Government may gratuitously convey or lend State properties to specific research institutes or joint management organizations. |
| (2) | Matters necessary for the conditions of conveyance and loan under paragraph (1) and procedures therefor shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 5 (Approval for Project Plans, etc.) |
| (1) | Specific research institutes and joint management organizations shall prepare project plans and budget bills as prescribed by Presidential Decree before each fiscal year begins, and submit them to the Minister of Science and ICT and obtain approval therefrom. In such cases, the Minister of Science and ICT shall consult on the relevant contribution projects with the heads of central administrative agencies and the heads of local governments paying contributions before granting approval. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Any modification to the details of project plans and budget bills approved under paragraph (1) shall be governed by the procedures specified in paragraph (1). |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 5-2 (Submission of Research Plans, Research Reports, etc.) |
| (1) | Specific research institutes shall submit research plans and research reports to the heads of central administrative agencies and the heads of local governments which pay contributions, as prescribed by Presidential Decree: Provided, That this shall not apply to research under entrustment contracts. |
| (2) | The heads of central administrative agencies and the heads of local governments shall deliberate on and assess research plans and research reports submitted under paragraph (1), and if deemed necessary, may require such specific research institutes to take necessary measures, such as correction, supplementation, etc. of such research plans, or recommend them to disseminate the research findings. |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 6 (Settlement of Accounts) |
| (1) | Specific research institutes and joint management organizations shall receive the audit of a written settlement of accounts concerning revenue and expenditure for each fiscal year by a certified public accountant recommended by the Minister of Science and ICT, and submit the findings thereof to the Minister of Science and ICT, and the heads of central administrative agencies and the heads of local governments who have paid contributions. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | Among the matters entered in the written settlement of accounts as referred to in paragraph (1), matters concerning research duties constituting to national confidential information and other duties directly related thereto shall be excluded from the subject matter of an audit by a certified public accountant. |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 7 (Duty of Confidentiality) |
No executive or employee of any specific research institute or any joint management organization, no one who has been in such posts, nor certified public accountant under Article 6 (1) shall divulge any confidential information learned while performing his/her duties to third parties, or use the confidential information by stealth. [This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 8 (Joint Use Facilities, etc.) |
| (1) | Specific research institutes may jointly establish joint use facilities. |
| (2) | Joint management organizations may be established with the approval of the Minister of Science and ICT in order to perform duties concerning the establishment, management and operation of joint use facilities under paragraph (1) and conduct projects reciprocally related to specific research institutes. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the title, function, organization and operation of joint management organizations under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 8-2 (Joint Research, etc.) |
Where the Minister of Science and ICT deems it necessary to have joint research of specific projects performed, he/she may require researchers of specific research institutes to jointly perform research or jointly utilize research facilities. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 8-3 (Conclusion of Research Agreements) |
When the heads of central administrative agencies and the heads of local governments contribute to research expenses for specific research institutes, they may conclude agreements with such specific research institutes concerning research methods, research contents, standards for reimbursing research expenses, submission of research reports, etc. for the efficient implementation of research projects.
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 8-4 (Cooperation, etc. in Duties) |
When specific research institutes and joint management organizations are requested for investigation, research and development or technical assistance by the heads of central administrative agencies and the heads of local governments, they shall preferentially comply with such request unless any extraordinary circumstance exists otherwise.
[This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 9 (Penalty Provisions) |
A person who violates Article 7 shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 300,000 won. <Amended by Act No. 12765, Oct. 15, 2014> [This Article Wholly Amended by Act No. 10778, Jun. 7, 2011]
| Article 10 Deleted. <by Act No. 10778, Jun. 7, 2011> |
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 2898, Nov. 5, 1976>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3404, Mar. 30, 1981>
This Act shall enter into force on the date of its promulgation.
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. 10778, 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. 12765, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 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.