ACT ON THE ESTABLISHMENT, OPERATION AND FOSTERING OF GOVERNMENT-FUNDED SCIENCE AND TECHNOLOGY RESEARCH INSTITUTES
Act No. 7219, Sep. 23, 2004
Amended by Act No. 8077, Dec. 26, 2006
Act No. 8852, Feb. 29, 2008
Act No. 10767, jun. 7, 2011
Act No. 10970, Jul. 25, 2011
Act No. 11145, Dec. 31, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 11719, Apr. 5, 2013
Act No. 12870, Dec. 30, 2014
Act No. 13208, Mar. 11, 2015
Act No. 13512, Dec. 1, 2015
Act No. 14839, Jul. 26, 2017
Act No. 15236, Dec. 19, 2017
Act No. 15344, Jan. 16, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to seek the establishment of an effective national innovation system for science and technology and the business rationalization of management and development of Government-funded research institutes specializing in science and technology, by providing for fundamentals regarding the establishment, support, fostering, systematic management, and responsible operation of Government-funded research institutes specializing in science and technology.
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
The term “Government-funded science and technology research institute” in this Act means an institute established mainly for research into science and technology with Government funding.
[This Article Wholly Amended by Act No. 12674, May 28, 2014]
| Article 3 (Restriction on Establishment of Research Institutes) |
No Government-funded science and technology research institute (hereinafter referred to as "research institute") shall be established in breach of this Act. <Amended by Act No. 12674, May 28, 2014>
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 4 (Corporate Entity) |
Each research institute and the National Research Council of Science and Technology (hereinafter referred to as the "Research Council"), established pursuant to this Act, shall be a corporation. <Amended by Act No. 12674, May 28, 2014>
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 5 (Operating Funds) |
| (1) | Research institutes and the Research Council shall be operated with contributions from the Government and revenue from other sources. |
| (2) | The Government may provide research institutes and the Research Council with contributions to cover expenses incurred in establishing and operating them, within budgetary limits. |
| (3) | Where a research institute or the Research Council establishes and operates a branch in a local government at the request of the local government, such local government may provide the research institute or the Research Council with contributions to cover expenses incurred in establishing and operating the branch, within budgetary limits. <Newly Inserted by Act No. 13512, Mar. 11, 2015> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 6 (Business Year) |
The business year of a research institute or the Research Council shall coincide with the fiscal year of the Government.
| Article 7 (Free Rental, etc. of State-Owned Property) |
If necessary for the establishment and operation of research institutes and the Research Council, the Government may lend or transfer state-owned property and commodities without consideration, or permit them to use or enjoy such property and commodities free of charge, as prescribed by Presidential Decree, notwithstanding the State Property Act and the Commodity Management Act. [This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
CHAPTER II RESEARCH INSTITUTES
| Article 8 (Incorporation of Research Institutes) |
| (1) | The research institutes incorporated pursuant to this Act shall be as listed in the attached Table. |
| (2) | A research institute shall come into existence upon registration for its incorporation at the seat of its principal place of business. |
| (3) | The matters to be registered at the time of incorporation under paragraph (2) shall be as follows: |
| 1. | Objectives (including the fields of research; hereinafter the same shall apply); |
| 3. | Principal place of business; |
| 4. | Name and address of the president of the research institute; |
| 5. | Method of giving public notice. |
| (4) | Matters necessary for the procedures for preparing the incorporation of a research institute shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 9 (Articles of Incorporation) |
| (1) | The articles of incorporation of a research institute shall include the following matters: |
| 3. | Principal place of business; |
| 4. | Matters regarding business affairs and the execution thereof; |
| 5. | Matters regarding property and accounting; |
| 6. | Matters regarding executive officers and employees; |
| 7. | Matters regarding the amendment of articles of incorporation; |
| 8. | Matters regarding dissolution; |
| 9. | Matters regarding the method of public notice. |
| (2) | When a research institute intends to amend its articles of incorporation, it shall obtain approval thereof from the Research Council. <Amended by Act No. 12674, May 28, 2014> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 10 (Guarantee of Autonomous Management, etc.) |
| (1) | Each research institute shall be guaranteed independence and autonomy in research and management. |
| (2) | The head of a research institute (hereinafter referred to as the “president of a research institute”) shall take measures necessary for the innovation in the management of the research institute. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 11 (Executive Officers and their Duties) |
| (1) | Each research institute shall have one person appointed as its president. |
| (2) | The president of a research institute shall represent the research institute and take responsibility for the management thereof. |
| (3) | The president of a research institute shall present its operational goals to the Research Council for approval thereof by the deadline prescribed by Presidential Decree. <Amended by Act No. 12674, May 28, 2014> |
| (4) | If the president of a research institute is unable to perform his/her duties for inevitable reasons, the person specified by the articles of incorporation of the research institute shall act on his/her behalf. <Amended by Act No. 12674, May 28, 2014> |
| (5) | Each research institute may have one auditor, appointed as prescribed by Presidential Decree. |
| (6) | The auditor shall audit business operations and accounting of the relevant research institute. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 12 (Appointment and Dismissal of Executive Officers and their Term of Office) |
| (1) | The president and the auditor of a research institute shall be appointed and dismissed by the chairperson of the Research Council following a resolution by its board of directors. <Amended by Act No. 12674, May 28, 2014> |
| (2) | When the president of a research institute is to be appointed pursuant to paragraph (1), candidates shall be publicly invited or recommended by the committee for the recommendation of presidents of research institutes prescribed by Presidential Decree. <Amended by Act No. 12674, May 28, 2014> |
| (3) | The president of a research institute shall be a standing executive officer, and his/her term of office shall be three years. |
| (4) | The term of office of each auditor shall be three years. |
| (5) | Further matters regarding the appointment and dismissal of presidents and auditors of research institutes shall be prescribed by Presidential Decree. |
| (6) | Notwithstanding paragraph (2), where the research outcomes and business management achievements of a research institute during its president's term of office are found to satisfy the standards prescribed by Presidential Decree following an evaluation of the research institute conducted pursuant to Article 28 (1), the chairperson may reappoint the relevant president. In such cases, the board of directors shall adopt a resolution thereon with the affirmative vote of at least 2/3 of all the incumbent directors of the Research Council, notwithstanding the proviso to Article 24 (2). <Newly Inserted by Act No. 12674, May 28, 2014> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 12-2 (Restriction on Application by or Recommendation of Incumbent Directors for President) |
No director (including the chairperson) of the Research Council as at the date the board of directors of the Research Council resolves on the plan for appointment of the president of a research institute pursuant to Article 12 (2), shall be eligible to participate in public campaigning for the president of the relevant research institute or be recommended as a candidate for president. [This Article Newly Inserted by Act No. 12674, May 28, 2014]
| Article 13 (Approval, etc. of Budgets and Business Plans) |
| (1) | The head of each central administrative agency may annually present to the Minister of Science and ICT a written opinion on the order of priority of tasks deemed appropriate for each research institute’s research and the budget required for such tasks, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall comprehensively review the written opinion presented pursuant to paragraph (1) and notify the Research Council of the guidelines for matters that apply where a research institute requests a budget for the following business year (hereafter referred to as “guidelines for requesting budgets” in this Article) by not later than March 31 each year, and the Research Council shall notify each affiliated research institute thereof. <Amended by Act Nos. 11690&11713, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 12870, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | A research institute shall formulate a budget request and a business plan for the following business year in accordance with the guidelines for requesting budgets by the deadline prescribed by Presidential Decree, and shall submit them to the Research Council. <Amended by Act No. 12674, May 28, 2014> |
| (4) | The Research Council shall examine the budget requests and business plans submitted pursuant to paragraph (3). In this case, it may adjust the budget requests and business plans for the following business year submitted by research institutes, if deemed necessary to coordinate and rearrange similar or overlapping functions of research institutes (including the incorporation, merger, and dissolution of research institutes). <Amended by Act No. 12674, May 28, 2014> |
| (5) | The Research Council shall compile the budget requests and business plans of research institutes it has reviewed pursuant to paragraph (4), and submit them to the Minister of Science and ICT by the deadline prescribed by Presidential Decree, and the Minister of Science and ICT shall notify the head of a central administrative agency thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | When the State budget is established, each research institute shall submit its budget and business plan for the pertinent business year to the Research Council for approval thereof, as stipulated by the Research Council’s articles of association. In this case, such research institute may consult with the relevant local government about the budget and business plan for the pertinent business year of its branch, to which such local government has made contributions pursuant to Article 5 (3), prior to submitting them to the Research Council. <Amended by Act No. 12674, May 28, 2014; Act No. 13208, Mar. 11, 2015> |
| (7) | When a research institute intends to revise any essential detail of the budget or business plan approved pursuant to paragraph (6), it shall submit the revised budget or business plan, specifying the details of and reasons for the revision, to the Research Council for approval thereof. In this case, the research institute may consult with the relevant local government about the budget and business plan for the pertinent business year of its branch, to which such local government has made contributions pursuant to Article 5 (3), prior to submitting them to the Research Council. <Amended by Act No. 12674, May 28, 2014; Act No. 13208, Mar. 11, 2015> |
| (8) | The Research Council shall submit the budgets and business plans approved pursuant to paragraph (6) to the Minister of Science and ICT, as prescribed by Presidential Decree. The same shall apply where the Research Council approves the revision under paragraph (7). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 14 (Accounting Principles) |
A research institute’s accounts shall clearly indicate its business performance and increases, decreases, and changes in its property values in accordance with the accounting principles prescribed by the Government.
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 15 (Submission of Settlement of Accounts) |
| (1) | After the close of each business year, every research institute shall submit a statement of settlement of accounts for the preceding business year to the Research Council for approval thereof, as stipulated by the Research Council’s articles of association. <Amended by Act No. 12674, May 28, 2014> |
| (2) | The statement of settlement of accounts submitted under paragraph (1) shall be accompanied by the following documents: |
| 1. | Financial statements and supplementary schedules; |
| 2. | Other documents necessary to clarify the details of the settlement of accounts. |
| (3) | The Research Council shall compile the statements of settlement of accounts submitted by research institutes, which have been approved under paragraph (1), and shall submit them to the Minister of Science and ICT by the deadline prescribed by Presidential Decree. In this case, among the statements of settlement of accounts approved by the Research Council in accordance with paragraph (1), a research institute may submit the statement of settlement of account of its branch, to which a relevant local government made contributions, to the head of the local government by the deadline prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 13208, Mar. 11, 2015; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall submit the statements of settlement of accounts for each fiscal year of the research institutes under his/her jurisdiction to the National Assembly, by not later than 120 days before the beginning of the following fiscal year. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 16 (External Audits) |
Each research institute shall undergo an accounting audit conducted each business year by a certified public accountant (including an accounting corporation; hereinafter the same shall apply) designated by the Research Council and shall disclose the results thereof to the public. <Amended by Act No. 12674, May 28, 2014>
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 17 (Dissolution, etc. of Research Institutes) |
| (1) | A research institute shall be dissolved in any of the following cases: |
| 1. | If the Research Council deems, following its evaluation of achievements in research and business management of a research institute, that it is impossible for the relevant research institute to accomplish its purposes; |
| 2. | If the Research Council acknowledges that the business for which the research institute is incorporated is advisable to be carried out directly by a State agency, or by any corporation, organization, or individual other than the research institute; |
| 3. | If an event specified as a ground for dissolution in the research institute’s articles of incorporation occurs. |
| (2) | When an event specified in paragraph (1) 1 or 2 as a ground for dissolution occurs, the Minister of Science and ICT may order the dissolution of the relevant research institute at the request of the Research Council. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to issue an order to dissolve a research institute under paragraph (2), he/she shall hold a hearing thereon. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | Where a research institute is dissolved under paragraph (1) or (2), the Minister of Science and ICT shall report such to the competent Standing Committee of the National Assembly. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Where a research institute is dissolved under paragraph (1) or (2), or where part of its functions is abolished under Article 24 (2) 4, its residual property shall escheat to the national treasury or may be contributed to another research institute governed by this Act. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
CHAPTER III RESEARCH COUNCIL
| Article 18 (Incorporation of the Research Council) |
| (1) | The Minister of Science and ICT shall incorporate the Research Council in order to support, foster, and systematically administrate research institutes. <Amended by Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Research Council shall come into existence upon registration for incorporation at the seat of its principal place of business. |
| (3) | The matters to be registered at the time of incorporation under paragraph (2) shall be as follows: |
| 3. | Principal place of business; |
| 4. | Names and addresses of executive officers; |
| 5. | Method of giving public notice. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 19 (Duties of the Research Council) |
| (1) | The Research Council shall examine the obstacles that research institutes commonly face in the fields of personnel management, budget, evaluation, project management, etc. and shall provide assistance to research institutes for their mutual cooperation in the process of overcoming such obstacles. |
| (2) | In coordinating and rearranging the functions of research institutes under Article 21, the Research Council shall endeavor to avoid causing any hindrance to the creation of a stable research environment, fully considering the objectives of incorporation, characteristics of business affairs, etc. of research institutes. |
[This Article Wholly Amended by Act No. 12674, May 28, 2014]
| Article 20 (Articles of Association) |
| (1) | The articles of association of the Research Council shall include the following matters: |
| 3. | Principal place of business; |
| 4. | Matters regarding business affairs and the execution thereof; |
| 5. | Matters regarding property and accounting; |
| 6. | Matters regarding executive officers and employees; |
| 7. | Matters regarding the board of directors; |
| 8. | Matters regarding the amendment of the articles of association; |
| 9. | Matters regarding the recommendation of presidents of affiliated research institutes; |
| 10. | Matters regarding dissolution; |
| 11. | Matters regarding the method of public notice; |
| 12. | Matters regarding the secretariat. |
| (2) | An amendment to any essential provision specified by Presidential Decree in the articles of association of the Research Council shall be subject to a resolution by its board of directors thereon and authorization by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 21 (Scope of Business) |
The Research Council shall conduct the following business activities in order to attain the purpose prescribed in Article 1: <Amended by Act No. 12674, May 28, 2014> | 1. | Planning for research and the direction-setting for the development of research institutes; |
| 2. | Coordination and rearrangement of functions of research institutes (including the incorporation, merger, and dissolution of research institutes); |
| 3. | Evaluation of achievements in research and business management of research institutes; |
| 4. | Assistance for collaborative research between research institutes; |
| 5. | Assistance for the improvement of research institutes’ achievements in research and the diffusion of research outcome; |
| 6. | Proposal of policies for national innovation in science and technology and the enhancement of competitiveness; |
| 7. | Other business activities necessary for the accomplishment of the Research Council’s objectives. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 22 (Executive Officers and Their Duties) |
| (1) | The Research Council shall have not more than 20 directors, including one chairperson and one auditor. <Amended by Act No. 12674, May 28, 2014> |
| (2) | Executive officers other than the chairperson shall serve as non-standing executive officers. |
| (3) | The chairperson shall represent the Research Council and administer all its business affairs. |
| (4) | The auditor shall audit the Research Council’s business affairs and accounts. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 23 (Appointment of Executive Officers and Their Term of Office) |
| (1) | The chairperson of the Research Council shall be appointed by the President of the Republic of Korea on the recommendation of the Minister of Science and ICT, from among persons recommended by the committee for the recommendation of the chairperson prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Directors (excluding the chairperson) shall be persons specified by Presidential Decree (hereinafter referred to as “ex officio directors”) and persons appointed by the Minister of Science and ICT following a resolution by the board of directors with recommendation from the industrial circles, research institutes, and academic circles. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (3) | The auditor shall be appointed by the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11719, Apr. 5, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | The term of office of the chairperson, directors (excluding ex officio directors), and the auditor shall be three years, respectively. |
| (5) | Matters necessary for the recommendation of the chairperson and directors (excluding ex officio directors) under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 23-2 (Dismissal of Executive Officers) |
The appointing authority may dismiss an executive officer (excluding ex officio directors) in any of the following cases:
| 2. | If an executive officer is found significantly lacking in managerial capabilities as an executive officer of the Research Council, following the evaluation under Article 29 (3); |
| 3. | If an executive officer ceases to be able to perform his/her duties for a long time due to a physical or mental disorder; |
| 4. | If an executive officer inflicts severe loss to the Research Council in breach of an Act or the Research Council’s articles of association; |
| 5. | If an executive officer severely offends decency in or out of office or is found significantly lacking in good qualities. |
[This Article Newly Inserted by Act No. 11719, Apr. 5, 2013]
| Article 24 (Board of Directors) |
| (1) | There shall be established in the Research Council a board of directors. |
| (2) | A resolution on any of the following matters requires the attendance of a majority of current directors and affirmative votes of a majority of the directors present at the meeting: Provided, That, a resolution on a matter specified in subparagraphs 2 and 4 requires affirmative votes by a majority of incumbent directors: <Amended by Act No. 12674, May 28, 2014> |
| 1. | Approval of a budget, settlement of accounts, or business plan of the Research Council or of a research institute; |
| 2. | Appointment or dismissal of the president or auditor of a research institute; |
| 3. | Approval of a research institute’s business goals; |
| 4. | Adjustment and rearrangement of functions of research institutes (including the incorporation, merger, and dissolution of research institutes); |
| 5. | Evaluation of achievements in research and business management of research institutes; |
| 6. | Measures necessary for collaborative research between research institutes; |
| 7. | Proposal of policies for national innovation in science and technology and the enhancement of competitiveness; |
| 8. | Other matters stipulated by the articles of association. |
| (3) | The board of directors shall be comprised of directors, including the chairperson. |
| (4) | The chairperson shall convoke and preside over meetings of the board of directors. |
| (5) | The auditor may attend directors’ meetings and express his/her opinions at such meetings. |
| (6) | Other matters necessary for the board of directors shall be stipulated by the articles of association. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 25 (Planning and Evaluation Committee and Management Advisory Conference) |
| (1) | The Research Council may form a planning and evaluation committee composed of experts in relevant fields, to assist the Research Council in coordinating functions of research institutes and evaluating research institutes as well as to provide advice on the direction-setting for long-term development in the fields of research under its jurisdiction. <Amended by Act No. 12674, May 28, 2014> |
| (2) | The Research Council may organize a Management Advisory Conference comprised of the chairperson, directors, and the presidents of research institutes to provide advice on decision-making with regard to major policies. <Amended by Act No. 12674, May 28, 2014> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| (1) | The Research Council shall have a secretariat to carry out its administrative affairs. |
| (2) | The organization of the secretariat, the scope of duties and the budget of the secretariat, and other necessary matters shall be stipulated by the articles of association. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 27 (Submission, etc. of Budget Requests) |
| (1) | The Research Council shall submit to the Minister of Science and ICT, a budget request for contributions for the following business year, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | The Research Council shall report to the Minister of Science and ICT on the following matters, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| 1. | A business plan and budget for each business year; |
| 2. | A business performance report for each business year and the closing statement of revenue and expenditure for each business year audited by a certified public accountant. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 28 (Evaluation of Research Institutes) |
| (1) | The Research Council shall evaluate research outcomes and business management achievements of each research institute in a fair and objective manner, as prescribed by Presidential Decree. <Amended by Act No. 12674, May 28, 2014> |
| (2) | The Research Council shall submit the results of evaluation under paragraph (1) to the Minister of Science and ICT and the Presidential Advisory Council on Science and Technology, as prescribed by Presidential Decree. <Amended by Act No. 10970, Jul. 25, 2011; Act Nos. 11690&11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018> |
| (3) | The Minister of Science and ICT shall compile reports on the evaluation results submitted pursuant to paragraph (2) and submit them to the competent Standing Committee of the National Assembly. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 29 (Supervisory Authority, etc.) |
| (1) | The Minister of Science and ICT shall serve as the supervisory authority over research institutes and the Research Council. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT supervises business activities and budgets of the Research Council and research institutes, he/she shall seek an opinion thereon from the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act. <Amended by Act Nos. 11690&11713, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018> |
| (3) | The Minister of Science and ICT shall evaluate the Research Council's performance with regard to the assistance to and administration of research institutes under Article 19 as well as its business activities specified in any subparagraph of Article 21 and shall submit a report on the results of evaluation to the Presidential Advisory Council on Science and Technology. <Amended by Act No. 10970, Jul. 25, 2011; Act Nos. 11690&11713, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15344, Jan. 16, 2018> |
| (4) | The Minister of Science and ICT shall submit the results of the evaluation under paragraph (3) to the competent Standing Committee of the National Assembly. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12674, May 28, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 30 (Entrustment of Business Affairs) |
| (1) | A research institute or the Research Council may entrust part of its business affairs to a corporation, organization, or individual. |
| (2) | Matters necessary for the method and guidelines for the entrustment of business affairs under paragraph (1) and the criteria for the selection of a trustee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 31 (Duty of Confidentiality) |
A current or former executive officer or employee of a research institute or the Research Council, a certified public accountant who conducts accounting audit under Article 16 or 27 (2) 2, or a person who carries out a business affair entrusted by a research institute or the Research Council under Article 30 shall not divulge confidential information acquired in the course of performing his/her duties or use such confidential information for any purpose other than performing his/her duties. [This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 31-2 (Prohibition of Use of Same Name) |
| (1) | No person, other than a research institute under this Act, shall use the name of a research institute incorporated under this Act. |
| (2) | No person, other than the Research Council under this Act, shall use the name "National Research Council of Science and Technology". |
[This Article Newly Inserted by Act No. 12674, May 28, 2014]
| Article 32 (Expansion, etc., of Exchange of Human Resources) |
| (1) | Research institutes and the Research Council shall endeavor to exchange their human resources with each other for such purposes as efficiently promoting collaborative and convergent research and development, and shall formulate proactive support measures for the human resources exchanged. <Amended by Act No. 12674, May 28, 2014> |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 32-2 (Promotion of Technology Transfer and Commercialization) |
Research institutes and the Research Council shall endeavor to promote the transfer and commercialization of technologies in their possession in order to disseminate and utilize research outcomes, and shall formulate proactive support measures, including assessment of technology; provision of information; conclusion of agreements with related institutions, organizations, etc.; and establishment of strategies for commercialization.
[This Article Newly Inserted by Act No. 10767, Dec. 1, 2015]
| Article 33 (Establishment of Graduate School Universities) |
| (1) | Research institutes under this Act and the research institutes specified by Presidential Decree from among Government-funded research institutes incorporated pursuant to any Act other than this Act, may jointly found a graduate school university defined in Article 30 of the Higher Education Act (hereinafter referred to as “graduate school university”) with authorization therefor from the Minister of Education in order to train human resources for research. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A graduate school university shall be deemed a joint institute annexed to research institutes under paragraph (1). |
| (3) | The Minister of Science, ICT and Future Planning may designate other research institutes in addition to the research institutes set forth in paragraph (1) to allow them to participate in providing the curriculum in a graduate school university (hereafter referred to as “participating institutes” in this Article). Necessary matters in such cases, including the qualification and scope of participating institutes and the procedure for the designation of participating institutes, shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> |
| (4) | A steering committee comprised of executive officers, etc. of the Research Council and the research institutes under paragraph (1), shall be established in a graduate school university as an organization to deliberate and resolve on the appointment of faculty members of the graduate school university and other important matters specified by Presidential Decree regarding the operation of the graduate school university. |
| (5) | Matters resolved on by the steering committee shall be deemed resolved on by the Research Council and the board of directors of the research institutes under paragraph (1). |
| (6) | Matters necessary for the appointment of the head of a graduate school university, the organization and operation of a steering committee, etc. shall be prescribed by Presidential Decree. |
| (7) | Article 5 shall apply mutatis mutandis to financial resources for the operation and management of a graduate school university. |
[This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 33-2 (Degree Courses, etc. of Graduate School Universities) |
| (1) | A graduate school university shall provide courses for doctoral degrees and master degrees. |
| (2) | Matters regarding the years required for completing a course of study under paragraph (1), semesters, number of school days, curriculum, the prescribed number of students, qualification for faculty members, etc. shall be determined by the steering committee under Article 33 (4), as prescribed by Presidential Decree, and shall be reported to the Minister of Education and the Minister of Science and ICT. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Except as otherwise provided in this Act, the Higher Education Act shall apply to the conferment of master’s and doctoral degrees under paragraph (1), the qualification for admission, the method of admission, etc. In such cases, “head of a graduate school university” shall be construed as “president” as defined in the Higher Education Act. |
[This Article Newly Inserted by Act No. 10767, Jun. 7, 2011]
| Article 34 (Provisions Applicable Mutatis Mutandis) |
Except as provided in this Act, the provisions of the Civil Act on incorporated foundations shall apply mutatis mutandis to the research institutes and the Research Council. In such cases, “competent authority” in the Civil Act shall be construed as “Minister of Science and ICT”. <Amended by Act No. 11713, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 35 (Legal Fiction of Deeming Public Officials for Application of Penalty Provisions) |
Executive officers and employees of research institutes and the Research Council shall be deemed public officials for the purposes of applying any provision of Articles 129 through 132 of the Criminal Act to them. <Amended by Act No. 12870, Dec. 30, 2014> [This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 35-2 (Notification of Commencement of Investigation by Investigation Agency, etc.) |
When the Board of Audit and Inspection, prosecution, police, or any other investigation agency commences and completes an examination or investigation related to any of the duties of an executive officer or employee of a research institute or of the Research Council, it shall notify the president of the relevant research institute or the chairperson of the Research Council, of the relevant matters and the outcomes thereof within ten days from the commencement and also from the completion of the examination or investigation.
[This Article Newly Inserted by Act No. 12870, Dec. 30, 2014]
CHAPTER V PENALTY PROVISIONS
| Article 36 (Penalty Provisions) |
Any person who violates Article 31 shall be punished by imprisonment with labor not exceeding two years or by a fine not exceeding 20 million won. <Amended by Act No. 15236, Dec. 19, 2017> [This Article Wholly Amended by Act No. 10767, Jun. 7, 2011]
| Article 37 (Administrative Fines) |
| (1) | Any person who violates Article 31-2 shall be subject to an administrative fine not exceeding three million won. |
| (2) | Administrative fines referred to in paragraph (1), shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 12674, May 28, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Transitional Measures concerning Research Councils and Research Institutes)
The Korea Research Council of Fundamental Science and Technology, the Korea Research Council for Industrial Science and Technology, the Korea Research Council of Public Science and Technology, and the following research institutes incorporated pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. and existing as at the time this Act enters into force, shall be deemed research councils and research institutes incorporated pursuant to this Act. In such cases, “Korea Food Research and Development Institute” under subparagraph 12 shall be construed as “Korea Food Research Institute”: | 1. | Korea Institute of Science and Technology; |
| 2. | Korea Basic Science Institute; |
| 3. | Korea Astronomy and Space Science Institute; |
| 4. | Korea Research Institute of Bioscience and Biotechnology; |
| 5. | Korea Institute of Science and Technology Information; |
| 6. | Korea Institute of Oriental Medicine; |
| 7. | Korea Institute of Industrial Technology; |
| 8. | Electronics and Telecommunications Research Institute; |
| 9. | Korea Institute of Construction Technology; |
| 10. | Korea Railroad Research Institute; |
| 11. | Korea Research Institute of Standards and Science; |
| 12. | Korea Food Research and Development Institute; |
| 13. | Korea Institute of Ocean Science and Technology; |
| 14. | Korea Institute of Geoscience and Mineral Resources; |
| 15. | Korea Institute of Machinery and Materials; |
| 16. | Korea Aerospace Research Institute; |
| 17. | Korea Institute of Energy Research; |
| 18. | Korea Electrotechnology Research Institute; |
| 19. | Korea Research Institute of Chemical Technology. |
Article 3 (Transitional Measures concerning Executive Officers)
Executive officers of the Korea Research Council of Fundamental Science and Technology, the Korea Research Council for Industrial Science and Technology and the Korea Research Council of Public Science and Technology incorporated pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. and existing at the time this Act enters into force, and executive officers of the research institutes set forth in Article 2, in service at the time this Act enters into force, shall be deemed appointed pursuant to this Act: Provided, That their term of service shall be limited to the term of office as remaining under previous provisions. Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
ADDENDA <Act No. 8077, Dec. 26, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Repeal of Other Act)
Article 3 (Transitional Measures concerning Succession to Rights and Obligations)
| (1) | “Korean Atomic Energy Research Institute” incorporated pursuant to the previous Korean Atomic Energy Research Institute Act and existing at the time this Act enters into force (hereinafter referred to as the “Korean Atomic Energy Research Institute”) shall be construed as “Korea Atomic Energy Research Institute” incorporated pursuant to this Act (hereinafter referred to as the “Korean Atomic Energy Research Institute”). |
| (2) | The name of the Korean Atomic Energy Research Institute in its register and other official books at the time this Act enters into force shall be deemed the name of the Korea Atomic Energy Research Institute: Provided, That the foregoing shall not apply to the name of the Korean Atomic Energy Research Institute in its register and other official books regarding the property, rights, and obligations, on which the board of directors of the Korean Atomic Energy Research Institute resolved to sell or transfer to the Korea Institute of Radiological and Medical Sciences incorporated pursuant to the Radiation and Radioisotope Use Promotion Act. |
Article 4 (Transitional Measures concerning Executive Officers)
| (1) | The president and the auditor of the Korean Atomic Energy Research Institute in service at the time this Act enters into force shall be deemed the president and the auditor of the Korea Atomic Energy Research Institute: Provided, That their term of office shall be limited to the term of office remaining under Article 11 (1) of the previous Korean Atomic Energy Research Institute Act. |
| (2) | Directors of the Korean Atomic Energy Research Institute in service at the time this Act enters into force shall be deemed dismissed simultaneously with the enforcement of this Act. |
Article 5 (Transitional Measures concerning Penalty Provisions)
Article 6 Omitted.
Article 7 (Relationship to Other Statutes)
A citation of the previous Korean Atomic Energy Research Institute Act or the Korean Atomic Energy Research Center by any other statute in force at the time this Act enters into force shall be deemed a citation of this Act or the Korea Atomic Energy Research Institute in lieu of the previous Act or the previous research center.
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. 10767, Jun. 7, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10970, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11145, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
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.
ADDENDUM <Act No. 11719, Apr. 5, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12674, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Preparation for Establishment of the Research Council)
| (1) | The Minister of Science, ICT and Future Planning shall commission incorporators before this Act enters into force for them to deal with the affairs related to the establishment of the Research Council. |
| (2) | The incorporation committee shall be comprised of not more than 10 incorporators, and the chairperson of the incorporation committee shall be appointed by the Minister of Science, ICT and Future Planning from among the incorporators. |
| (3) | The incorporation committee shall prepare the articles of association of the Research Council and obtain approval thereof from the Minister of Science, ICT and Future Planning. |
| (4) | Notwithstanding Article 23, the chairperson of the Research Council in service as at the time the Research Council is incorporated, shall be appointed by the President of the Republic of Korea on the recommendation of the Minister of Science, ICT and Future Planning from among three persons recommended by the incorporation committee comprised of incorporators. |
| (5) | Notwithstanding Article 23, directors of the Research Council (excluding ex officio directors) in service as at the time the Research Council is incorporated, shall be appointed by the Minister of Science, ICT and Future Planning on the recommendation of the incorporation committee comprised of incorporators. |
| (6) | When the approval referred to in paragraph (3) is obtained, incorporators shall, without delay, complete the registration of the incorporation of the Research Council in their joint names and shall hand over business affairs to the chairperson referred to in paragraph (4). |
| (7) | Incorporators shall be deemed dismissed when the handover of business affairs is completed under paragraph (6). |
Article 3 (Special Provisions concerning Term of Office of Directors of the Research Council)
| (1) | Notwithstanding Article 23 (4), the term of office of directors (excluding the chairperson and ex officio directors) of the Research Council in service as at the time the Research Council is incorporated, shall be determined differently by the period of one, two, or three years for each director. |
| (2) | Matters necessary for the determination of term of office under paragraph (1) shall be stipulated by the articles of association of the Research Council. |
Article 4 (Transitional Measures concerning Succession, etc. of Rights and Obligations)
| (1) | Notwithstanding the provisions of the Civil Act on the dissolution and liquidation of a corporation, the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology as at the time this Act enters into force, shall be deemed dissolved, and the National Research Council of Science and Technology to be incorporated under the amended provisions of Article 18 (1) shall succeed to all the rights and obligations of the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology. |
| (2) | The names of the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology on their registries and other official books shall be deemed the name of the National Research Council of Science and Technology to be incorporated under the amended provisions of Article 18 (1). |
Article 5 (Transitional Measures concerning Executive Officers and Employees)
| (1) | The term of office of executive officers of the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology shall be deemed terminated at the time this Act enters into force. |
| (2) | Employees of the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology shall be deemed appointed as employees of the National Research Council of Science and Technology at the time this Act enters into force. |
Article 6 (Relationship to Other Acts)
Where any other Acts cite the Korea Research Council of Fundamental Science and Technology and the Korea Research Council for Industrial Science and Technology at the time this Act enters into force, it shall be deemed to have cited the National Research Council of Science and Technology to be incorporated under the amended provisions of Article 18 (1).
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12870, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Notification of Commencement, etc. of Investigation)
The amended provisions of Article 35-2 shall apply, beginning with examinations or investigations commenced after this Act enters into force.
ADDENDA <Act No. 13208, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure)
Notwithstanding the amended latter part of Article 13 (6), budgets and business plans approved under the former Article 13 (6), as at the time this Act enters into force, shall not be subject to consultation.
ADDENDUM <Act No. 13512, Dec. 1, 2015>
This Act shall enter into force on the date of its promulgation.
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. 15236, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three month after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
The previous penalty provisions shall be appled to the acts committed before this Act enters into force.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three month after the date of its promulgation.
Articles 2 through 4 Omitted.