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DAEGU GYEONGBUK INSTITUTE OF SCIENCE AND TECHNOLOGY ACT

Act No. 6996, Dec. 11, 2003

Amended by Act No. 8852, Feb. 29, 2008

Act No. 9108, jun. 13, 2008

Act No. 10473, Mar. 29, 2011

Act No. 11681, Mar. 23, 2013

Act No. 11765, May 22, 2013

Act No. 12758, Oct. 15, 2014

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

Act No. 15241, Dec. 19, 2017

Act No. 15559, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Act is to incorporate the Daegu Gyeongbuk Institute of Science and Technology in order to contribute to the balanced development of regions and the national development of science and technology by training high-quality human resources who will lead the innovation of cutting-edge science and technology and by performing research projects for knowledge-based industries and cutting-edge science to develop technology for local industries and to improve the competitiveness of local industries.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 2 (Legal Personality)
The Daegu Gyeongbuk Institute of Science and Technology (hereinafter referred to as the “Dae-Gyeong Institute of Science and Technology”) shall be an incorporated foundation. <Amended by Act No. 9108, Jun. 13, 2008>
 Article 3 (Incorporation)
(1) Notwithstanding Article 3 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., the Dae-Gyeong Institute of Science and Technology shall be incorporated with funds jointly contributed by the Government, local governments, universities, research institutes, and enterprises.
(2) The Dae-Gyeong Institute of Science and Technology shall be duly incorporated upon filing for registration for its incorporation with the registry having jurisdiction over its principal place of business.
(3) Matters necessary for the registration and other matters of the Dae-Gyeong Institute of Science and Technology shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 3-2 (Affiliated Institutions)
The Dae-Gyeong Institute of Science and Technology may have affiliated institutions as provided in its articles of incorporation.
[This Article Newly Inserted by Act No. 15559, April 17, 2018]
 Article 4 (Articles of Incorporation)
(1) The articles of incorporation of the Dae-Gyeong Institute of Science and Technology shall include the following matters: <Amended by Act No. 15559, Apr. 17, 2018>
1. Objectives;
2. Organizational Name;
3. Principal place of business;
3-2. Affiliated institutions;
4. Business affairs and the execution thereof;
5. Assets and accounting;
6. Executive officers and employees;
7. Board of trustees;
8. Amendment to the articles of incorporation;
9. Method of giving public notice.
(2) When the Dae-Gyeong Institute of Science and Technology intends to amend its articles of incorporation, it shall obtain authorization therefor from the Minister of Science and ICT. <Amended by Act No. 14839, Jul. 26, 2017>
(3) When the Minister of Science and ICT intends to authorize an amendment to the articles of incorporation under paragraph (2), he/she shall obtain prior consent thereto from the Minister of Education. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 5 (Executive Officers)
(1) The Dae-Gyeong Institute of Science and Technology shall have not more than fifteen directors, including one president and one chairperson, and one auditor as executive officers, and the term of office of each executive officer shall be stipulated by the articles of incorporation:
(2) Directors and the auditor shall be appointed by the board of trustees with approval from the Minister of Science and ICT, as stipulated by the articles of incorporation. <Amended by Act No. 14839, Jul. 26, 2017>
(3) When the Minister of Science and ICT intends to approve the appointment of directors and the auditor under paragraph (2), he/she shall obtain prior consent thereto from the Minister of Education. <Amended by Act No. 14839, Jul. 26, 2017>
(4) The chairperson shall be elected by and from among directors, as stipulated by the articles of incorporation.
(5) The chairperson shall not concurrently serve as president of the Dae-Gyeong Institute of Science and Technology.
(6) The president shall serve as a standing executive officer, while executive officers other than the president shall be non-standing executive officers.
(7) The auditor shall audit business affairs and accounting of the Dae-Gyeong Institute of Science and Technology.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 6 (Board of Trustees)
(1) The Dae-Gyeong Institute of Science and Technology shall have a board of trustees for the deliberation and resolution of important matters regarding its business.
(2) The board of trustees shall be comprised of the chairperson and directors.
(3) The chairperson shall convene a meeting of the board of trustees and preside over the meeting.
(4) The auditor may attend a meeting of the board of trustees and express his/her opinions at the meeting.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the board of trustees shall be stipulated by the articles of incorporation.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 7 (President)
(1) The Dae-Gyeong Institute of Science and Technology shall be headed by the president.
(2) The president shall represent the Dae-Gyeong Institute of Science and Technology and shall administer all its business affairs.
(3) The president shall be appointed by the board of trustees with approval from the Minister of Science and ICT, as stipulated by the articles of incorporation. <Amended by Act No. 14839, Jul. 26, 2017>
(4) When the Minister of Science and ICT intends to approve the appointment of the president under paragraph (3), he/she shall obtain prior consent thereto from the Minister of Education. <Amended by Act No. 14839, Jul. 26, 2017>
(5) The president’s duties and term of office and other necessary matters shall be stipulated by the articles of incorporation.
(6) The president may concurrently serve as a faculty member or researcher.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 8 (Contributions)
(1) The State, a local government, a public institution under the Act on the Management of Public Institutions, a university, or an enterprise may contribute funds to the Dae-Gyeong Institute of Science and Technology to cover expenses incurred in the incorporation, construction, research, and management of the Dae-Gyeong Institute of Science and Technology.
(2) Matters necessary for the grant and use of contributions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 9 (Rent-Free Leasing, etc. of State-Owned Property)
(1) If the Government deems it necessary for the incorporation and management of the Dae-Gyeong Institute of Science and Technology, it may lease State-owned property to the Dae-Gyeong Institute of Science and Technology rent-free or may permit the Dae-Gyeong Institute of Science and Technology to use such property or earn profits free-of-charge.
(2) When the Government leases State-owned property to the Dae-Gyeong Institute of Science and Technology free of charge or permits the Dae-Gyeong Institute of Science and Technology to use such property or earn profits free-of-charge pursuant to under paragraph (1), the details and conditions of such rent-free lease, or such use or earning profits free-of-charge, the procedure therefor, and other similar matters shall be stipulated by agreement between the authority responsible for the management of the relevant property and the Dae-Gyeong Institute of Science and Technology.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 9-2 (Profit-Making Business)
(1) The Dae-Gyeong Institute of Science and Technology may engage in profit-making business to the extent that such business does not hinder its education and research activities as prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Act No. 11681, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
(2) The profits under paragraph (1) shall be appropriated for the management of the Dae-Gyeong Institute of Science and Technology.
[This Article Newly Inserted by Act No. 10473, Mar. 29, 2011]
 Article 10 (Business Year)
Each business year of the Dae-Gyeong Institute of Science and Technology shall coincide with each fiscal year of the Government. <Amended by Act No. 9108, Jun. 13, 2008>
 Article 11 (Submission of Business Plans, etc.)
(1) The Dae-Gyeong Institute of Science and Technology shall submit a business plan and budgetary documents to the Minister of Science and ICT for approval before the beginning of each business year as prescribed by Presidential Decree. In such cases, the business plan and budgetary documents relevant to academic matters shall be submitted to the Minister of Education, as well. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Dae-Gyeong Institute of Science and Technology shall submit to the Minister of Science and ICT an annual financial report on revenue and expenditure yearly, which shall be audited by a certified public accountant designated by the Minister of Science and ICT. In such cases, the annual financial report on revenue and expenditure relevant to academic matters shall be submitted to the Minister of Education, as well. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Any of the following business affairs that shall be stated in an annual financial report under paragraph (2) may be exempt from accounting audit by a certified public accountant:
1. A research project classified as a State secret;
2. A business affair directly related to the project under subparagraph 1;
3. A research task that an entrusting enterprise requests to keep confidential, out of tasks entrusted by the enterprise.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 12 (Support, Coordination, etc.)
The Minister of Science and ICT shall support and foster the Dae-Gyeong Institute of Science and Technology and shall coordinate and supervise its business operations. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9108, Jun. 13, 2008; Act No. 11681, Mar. 23, 2013; Act No. 14839, Jul. 26, 2017>
 Article 12-2 (Degree Courses, etc.)
(1) The Dae-Gyeong Institute of Science and Technology shall provide courses for bachelor's, master's and doctoral degrees.
(2) Matters regarding the number of years required for graduation from each course under paragraph (1), semesters, the number of school days, academic subjects, majors, curricular, etc. shall be determined by the president 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. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Except as otherwise specifically provided for in this Act and in the President Decree enacted under this Act, the Higher Education Act shall apply to the conferment of bachelor's, master's, and doctoral degrees under paragraph (1), the qualification for faculty members, the qualification for admission, the method of admission, etc.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 12-3 (Faculty Members and Researchers)
(1) The Dae-Gyeong Institute of Science and Technology shall employ professors, assistant professors, associate professors, and full-time lecturers, and may employ lecturers as necessary.
(2) The Dae-Gyeong Institute of Science and Technology shall employ researchers as necessary for performing research projects on the knowledge-based industries and science and technology.
(3) The qualification for the faculty members under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 12-4 (Appointment and Dismissal of Faculty Members)
The faculty members of the Dae-Gyeong Institute of Science and Technology shall be appointed or dismissed by the president as stipulated by the articles of incorporation.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 12-5 (Conferment of Degrees)
Bachelor's, master's, and doctoral degrees shall be conferred by the president as prescribed by academic regulations.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 12-6 (Students)
The quotas of students of the Dae-Gyeong Institute of Science and Technology and the qualification and methods for admission shall be determined by the president, 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. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 13 (Promotion of International Exchange)
(1) The Dae-Gyeong Institute of Science and Technology may enter into a partnership with a foreign research institute or university or invite foreign researchers or professors to improve the quality of education and research activities and promote exchanges with foreign countries.
(2) The board of trustees shall appropriate a portion of the budget for each year at a certain rate for international exchange programs to promote international exchanges under paragraph (1).
(3) The board of trustees may appoint a person with a foreign nationality as president or to any other important position as stipulated by the articles of incorporation.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 14 (Establishment, etc. of Fund)
(1) The Dae-Gyeong Institute of Science and Technology may establish a Development Fund (hereinafter referred to as the “Fund”), if necessary for procuring and supplying funds required for the education, research in, and development of science and technology.
(2) The Fund shall be accumulated with the following funding categories:
1. Contributions or donations from non-government entities;
2. Gains from the management of the Fund;
3. Other revenue specified by the articles of incorporation.
(3) The Fund shall be used for any of the following purposes:
1. Expenditure for research in and development of science and technology;
2. Construction and operation of large education and research facilities specified by the articles of incorporation;
3. Expenditure necessary for other projects to be implemented to attain the objectives of the Fund.
(4) Matters necessary for the operation and management of the Fund shall be stipulated by the articles of incorporation.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 14-2 (Donation, etc.)
(1) Anyone who has donated land, research facilities, research equipment, etc., may use them jointly with the Dae-Gyeong Institute of Science and Technology during a certain period.
(2) Matters necessary for the procedures for donating land, research facilities, research equipment, etc., and the joint use, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 15241, Dec. 19, 2017]
 Article 15 (Submission of Research Plans and Research Reports)
(1) The Dae-Gyeong Institute of Science and Technology shall submit research plans and research reports to the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to research projects performed under an outsourcing contract. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of Science and ICT shall review and evaluate research plans and research reports submitted pursuant to paragraph (1) and may require the Dae-Gyeong Institute of Science and Technology to take necessary measures, such as revisions to or supplementation of a research plan or a report on performance of research, or may recommend it to diffuse the research outcomes, if he/she finds it necessary. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 16 (Joint Research on Specific Tasks, etc.)
If the Minister of Science and ICT deems it necessary for joint research on a specific task, he/she may take measures necessary therefor or may recommend the president to take necessary measures. <Amended by Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 17 (Joint Use of Research Facilities, etc.)
The Dae-Gyeong Institute of Science and Technology shall endeavor to cooperate with other research institutes, universities, specialized organizations, etc., for the joint use of facilities and equipment for research to improve the productivity of research and efficiently use research facilities. In such cases, the Dae-Gyeong Institute of Science and Technology may require the institutes using the facilities and equipment to fully or partially reimburse expenses incurred in joint use.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 18 (Cooperation with Domestic and Foreign Universities, Research Institutes, etc.)
(1) The Dae-Gyeong Institute of Science and Technology may cooperate with domestic and foreign universities, research institutes, etc. in research so as to efficiently perform research activities.
(2) If necessary for cooperation in research under paragraph (1), the Dae-Gyeong Institute of Science and Technology may appoint a professor or researcher from a university or research institute cooperating in research, concurrently to another necessary position.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 19 (Prohibition of Use of Similar Names)
No person, other than the Dae-Gyeong Institute of Science and Technology, may use the name “Daegu Gyeongbuk Institute of Science and Technology” or similar.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 20 (Duty of Confidentiality)
No present or former employee or executive officer of the Dae-Gyeong Institute of Science and Technology shall divulge or misappropriate confidential information acquired in the course of performing his/her duties.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 21 (Application of the Civil Act Mutatis Mutandis)
Except as otherwise provided for in this Act, the provisions regarding incorporated foundations in the Civil Act shall apply mutatis mutandis to the Dae-Gyeong Institute of Science and Technology.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 22 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Executive officers and employees of the Dae-Gyeong Institute of Science and Technology shall be deemed public officials in applying the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 23 (Penalty Provisions)
Any person who violates Article 20 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding thirty million won. <Amended by Act No. 12758, Oct. 15, 2014>
[This Article Wholly Amended by Act No. 11765, May 22, 2013]
 Article 24 (Administrative Fines)
(1) Any person who violates Article 19 shall be punished by an administrative fine not exceeding one million won.
(2) An administrative fine under 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 Wholly Amended by Act No. 11765, May 22, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Incorporation)
(1) The Minister of Science and Technology shall commission not more than five persons as promoters within thirty days from the enforcement date of this Act and require them to carry out administrative affairs for the incorporation of the Dae-Gyeong Institute of Science and Technology.
(2) The promoters shall formulate the articles of incorporation of the Dae-Gyeong Institute of Science and Technology and shall obtain authorization from the Minister of Science and Technology.
(3) Notwithstanding Articles 5 and 7, the directors, auditor, and president of the Dae-Gyeong Institute of Science and Technology shall be appointed by the Minister of Science and Technology. In such cases, the Minister of Science and Technology shall consult with the heads of the local governments, the presidents or deans of the universities or colleges, and the heads of the research institutes or enterprises, which have contributed funds to the Dae-Gyeong Institute of Science and Technology pursuant to Article 3 (1).
(4) When authorization under paragraph (2) is granted, the promoters, under joint signature, shall file for registration for incorporation of the Dae-Gyeong Institute of Science and Technology without delay, and then transfer administrative affairs to the president.
(5) The promoters shall be deemed dismissed from office upon completion of the transfer of administrative affairs under paragraph (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. 9108, Jun. 13, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10473, Mar. 29, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measure concerning Change of Name of President)
The president in service under the previous provisions at the time this Act enters into force shall be deemed the president under this Act.
ADDENDUM <Act No. 11681, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11765, May 22, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12758, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, where any Act amended by Article 6 of this Addenda has been promulgated but its enforcement date has yet to arrive by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 7 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, where any Act amended by Article 5 of this Addenda has been promulgated but its enforcement date has yet to arrive by the time this Act enters into force, amendments to such Act shall enter into force on the enforcement date of such relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15241, Dec. 19, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15559, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Institutions Affiliated with the Dae-Gyeong Institute of Science and Technology)
Any affiliated institution established under the former provisions as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 3-2.