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ENFORCEMENT DECREE OF THE ACT ON UTILIZATION AND FOSTERING OF NATIONAL SUPER-COMPUTERS

Presidential Decree No. 23354, Dec. 8, 2011

Amended by Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 28975, jun. 19, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on Utilization and Fostering of National Super-Computers and matters necessary for enforcing the said Act.
 Article 2 (Establishment of Master Plans for Fostering National Supercomputing)
Where necessary to establish a master plan for fostering national supercomputing (hereinafter referred to as "master plan") under Article 5 (1) of the Act on Utilization and Fostering of National Super-Computers (hereinafter referred to as the "Act"), the Minister of Science and ICT may request a related central administrative agency, a related local government, a related educational and research institution, or an enterprise, corporation or organization participating in national research and development projects to submit necessary data. In such cases, the related central administrative agency, etc. so requested shall comply unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017; Presidential Decree No. 28975, Jun. 19, 2018>
 Article 3 (Establishment of Implementation Plans)
(1) In order for the heads of related central administrative agencies to establish an implementation plan for national supercomputing (hereinafter referred to as "implementation plan") under Article 6 (1) of the Act, the Minister of Science and ICT shall notify them of the guidelines for formulating implementation plans by November 30 each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
(2) An implementation plan shall include the following: <Amended by Presidential Decree No. 28975, Jun. 19, 2018>
1. Outline of projects;
2. Results of the projects implemented in the preceding year and project plans for the relevant year;
3. Results of the projects implemented in the preceding year by the National Supercomputing Center established or designated under Article 9 of the Act (hereinafter referred to as the "National Center"); and its project plans for the relevant year (limited to the Minister of Science and ICT);
4. Results of the projects implemented in the preceding year by supercomputing centers by field designated under Article 9-2 of the Act (hereinafter referred to as "specialized centers"); and their project plans for the relevant year (limited to the heads of related central administrative agencies who have designated any specialized center or have been entrusted to designate such center pursuant to Article 9-2 (1) of the Act).
(3) The head of each related central administrative agency shall establish an implementation plan for the field under his/her jurisdiction according to the guidelines for formulating implementation plans notified under paragraph (1) and shall submit the implementation plan for the relevant year to the Minister of Science and ICT by January 31 each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
 Article 4 (Evaluation of Results of Implementation)
(1) When the Minister of Science and ICT evaluates the results of implementation pursuant to Article 6 (2) of the Act, he/she shall fairly and objectively evaluate the results of implementation in consideration of opinions from the Working Committee for National Supercomputing (hereinafter referred to as the "Working Committee") referred to in Article 7 (5) of the Act. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
(2) The National Supercomputing Committee (hereinafter referred to as the "Committee") established under Article 7 (1) of the Act shall prescribe criteria for, and methods of evaluating the results of implementation under paragraph (1) and other matters.
 Article 5 (Organization of Committee)
(1) "Related ministries and agencies specified by Presidential Decree" in Article 7 (4) 1 of the Act shall be: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 24423, Jul. 26, 2017>
1. The Ministry of Economy and Finance;
2. The Ministry of Education;
3. The Ministry of Science and ICT;
4. The Ministry of National Defense;
5. The Ministry of Trade, Industry and Energy;
6. The Ministry of Health and Welfare;
7. The Ministry of Environment;
8. The Ministry of Oceans and Fisheries;
9. The Ministry of SMEs and Startups;
10. The Korea Meteorological Administration.
(2) The term of office of members commissioned under Article 7 (4) 2 of the Act shall be two years, and a member commissioned to fill a vacancy arising due to the resignation, etc. of a member shall serve for the remaining term of office of his/her predecessor.
 Article 6 (Duties of Chairperson)
(1) The Chairperson shall represent the Committee and have general supervision and control of its affairs.
(2) Where the Chairperson cannot perform his/her duties due to any unavoidable reason, a member designated in advance by the Chairperson shall act for him/her.
 Article 7 (Operation of Committee)
(1) The Chairperson shall convene meetings of the Committee and preside over the meetings.
(2) The Committee shall hold meetings with the attendance of a majority of all incumbent members, and pass resolutions with the affirmative vote of a majority of those present.
 Article 8 (Administrative Secretary)
One administrative secretary shall be assigned to the Committee to conduct affairs of the Committee, and the Chairperson shall appoint the administrative secretary from among public officials of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
 Article 9 (Organization and Operation of Working Committee)
(1) The Working Committee shall be comprised of up to 20 members, including one chairperson.
(2) The members of the Working Committee shall be:
1. Public officials of the Ministries and agencies referred to in Article 5 (1), appointed by the head of the relevant Ministry or Agency;
2. Persons commissioned by the chairperson of the Working Committee from among those who have considerable knowledge and experience in the utilization and fostering of supercomputing.
(3) The term of office of members commissioned under paragraph (2) 2 shall be two years.
(4) Articles 6 and 7 shall apply mutatis mutandis to the operation of the Working Committee. In such cases, "Committee" shall be construed as "Working Committee", and "Chairperson" as "chairperson of the Working Committee", respectively.
 Article 10 (Operating Rules)
Except as otherwise provided in this Decree, the Chairperson shall prescribe matters necessary for the operation of the Committee following a resolution by the Committee, and the chairperson of the Working Committee shall prescribe matters necessary for its operation following a resolution by the Working Committee.
 Article 11 (Designation of National Center)
(1) The Minister of Science and ICT shall designate the Korea Institute of Science and Technology Information established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes as the National Center. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017; Presidential Decree No. 28975, Jun. 19, 2018>
(2) The National Center shall submit the results of the projects implemented in the preceding year, to the Minister of Science and ICT by January 1 each year pursuant to Article 9 (4) of the Act. <Newly Inserted by Presidential Decree No. 28975, Jun. 19, 2018>
(3) The Minister of Science and ICT shall prescribe detailed matters necessary for the operation of the National Center in consultation with the heads of related central administrative agencies. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017; Presidential Decree No. 28975, Jun. 19, 2018>
 Article 12 (Designation of Specialized Centers)
(1) To designate a specialized center pursuant to Article 9-2 (1) of the Act, the Minister of Science and ICT or the head of a related central administrative agency entrusted to designate such center under the proviso to Article 9-2 (1) of the Act (hereafter in this Article, referred to as the "Minister of Science and ICT, etc.") shall undergo consultation with the heads of related central administrative agencies and deliberation by the Committee, regarding demand for supercomputing in the relevant field, the need to designate such center at the national level, and other matters.
(2) In designating a specialized center pursuant to Article 9-2 (1) of the Act, the Minister of Science and ICT, etc. shall take account of the following:
1. Human resources and facilities required for utilizing and developing supercomputing resources;
2. Track record and experience in research and development, training of human resources, data management, research support, and other activities related to the utilization and fostering of supercomputing.
(3) Upon designating a specialized center pursuant to Article 9-2 (1) of the Act, the Minister of Science and ICT, etc. shall publicly announce the following in the Official Gazette:
1. Name and address of the designated specialized center;
2. Date and period of designation.
[This Article Wholly Amended by Presidential Decree No. 28975, Jun. 19, 2018]
 Article 12-2 (Securing of National Supercomputing Resources)
Where necessary to secure the highest-quality supercomputing resources, the Minister of Science and ICT, etc. may implement national research and development projects.
[This Article Newly Inserted by Presidential Decree No. 28975, Jun. 19, 2018]
 Article 13 (Entrustment of Training of Professional Human Resources)
Pursuant to Article 12 (3) of the Act, the Minister of Science and ICT may entrust the following institutions with affairs concerning training of human resources for supercomputing after deliberation by the Committee: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
1. Research institutes subject to the Specific Research Institutes Support Act and the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
2. Universities, industrial colleges, junior colleges or technical colleges defined in Article 2 of the Higher Education Act;
3. National or public research institutes;
4. Institutions or organizations falling under any subparagraph of Article 14 (1) of the Basic Research Promotion and Technology Development Support Act;
5. The National Center and specialized centers.
 Article 14 (Survey of Research and Development Activities for Supercomputing)
(1) To survey and analyze research and development activities for supercomputing by private sector pursuant to Article 15 (1) of the Act, the Minister of Science and ICT shall determine institutions subject to survey and analysis, and notify the relevant institutions of the methods of survey and other necessary matters. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
(2) A survey conducted under paragraph (1) shall include the following: <Amended by Presidential Decree No. 28975, Jun. 19, 2018>
1. Construction and operation of supercomputing resources;
2. Human resources related to supercomputing;
3. Promotion of research and development as well as commercialization related to supercomputing;
4. Utilization of, and support for, supercomputing;
5. Suggestions for improving policies or systems related to supercomputing;
6. Any other matters necessary for conducting a survey on, and analysis of, research and development activities for supercomputing.
 Article 15 (Establishment and Operation of System for Shared Utilization)
(1) The system for shared utilization under Article 17 (1) of the Act shall be established and operated for the following institutions:
1. Central administrative agencies that operate supercomputers;
2. The National Center and specialized centers;
3. Institutions that implement supercomputing projects with Government contributions and funds;
4. Institutions that provide public services using supercomputers;
5. Institutions that operate supercomputers for non-profit and scientific purposes;
6. Private enterprises and organizations that operate supercomputers with Government subsidies.
(2) The Minister of Science and ICT may entrust the National Center or specialized centers with affairs concerning the establishment and operation of the system for shared utilization. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 24423, Jul. 26, 2017>
 Article 15-2 (Assistance Policies for Industrial Establishments)
To encourage industrial establishments to engage in research and development activities for national supercomputing as well as in commercializing outcomes of research and development pursuant to Article 18 of the Act, the heads of related central administrative agencies shall formulate assistance policies for the following:
1. Increasing investments in research and development related to supercomputing;
2. Promoting cooperative research among academia, research institutes, and industry, and convergence research in the field of supercomputing;
3. Disseminating outcomes of research and development related to supercomputing, as well as facilitating the joint utilization of such outcomes;
4. Providing assistance for technological innovation activities related to supercomputing.
[This Article Newly Inserted by Presidential Decree No. 28975, Jun. 19, 2018]
 Article 16 (Support for Commercialization of Outcomes of Research and Development)
The heads of related central administrative agencies may provide the following support to accelerate the commercialization of outcomes of research and development related to national supercomputing pursuant to Article 20 (1) of the Act:
1. Support to departments exclusively dedicated to commercialization in national or public research institutions, universities, Government-funded research institutes and private enterprises;
2. Providing resources of the National Center and specialized centers to enterprises related to supercomputing;
3. Assisting enterprises related to supercomputing in obtaining loans for startup funds and providing management consulting to such enterprises;
4. Reduction of, and exemption from, royalties generated from the practice of technologies, such as intellectual property rights, held by Government-funded research institutes, etc.
ADDENDUM
This Decree shall enter into force on December 8, 2011.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 28975, Jun. 19, 2018>
This Decree shall enter into force on June 20, 2018.