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ENFORCEMENT DECREE OF THE KOREA ADVANCED INSTITUTE OF SCIENCE AND TECHNOLOGY ACT

Presidential Decree No. 10144, Jan. 5, 1981

Amended by Presidential Decree No. 11704, jun. 11, 1985

Presidential Decree No. 13282, Feb. 1, 1991

Presidential Decree No. 17115, Jan. 29, 2001

Presidential Decree No. 20740, Feb. 29, 2008

Presidential Decree No. 21631, Jul. 22, 2009

Presidential Decree No. 24471, Mar. 23, 2013

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 28681, Feb. 27, 2018

Presidential Decree No. 28972, jun. 19, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Korea Advanced Institute of Science and Technology Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 2 (Registration for Establishment)
(1) In accordance with Article 3 of the Korea Advanced Institute of Science and Technology Act (hereinafter referred to as the "Act"), the Korea Advanced Institute of Science and Technology (hereinafter referred to as “KAIST") shall complete registration for its incorporation at the registry office having jurisdiction over its principal place of business within three weeks from the date on which it obtains authorization for the articles of incorporation.
(2) Matters to be registered pursuant to paragraph (1) shall be as follows:
1. Objectives;
2. Name;
3. Locations of the main office and branch institutes;
4. Names and addresses of executives;
5. Total amount of assets.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 3 (Registration of Relocation of Offices)
(1) When KAIST relocates its main office, it shall complete the registration of relocation at the former place of the main office within two weeks, and the matters prescribed in Article 2 (2) at the new place of the main office within three weeks.
(2) When KAIST relocates any of its branch institutes, it shall complete the registration of relocation at the place of its main office and the former place of the branch institute within two weeks, the matters prescribed in Article 2 (2) at the new place of the branch institute within three weeks, and such relocation at the places of other branch institutes within the same period.
(3) When KAIST relocates its main office or any of its branch institutes within the jurisdiction of the same registry, it shall complete the registration of relocation within three weeks.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 4 (Registration of Alteration)
If any matter prescribed in the subparagraphs of Article 2 (2) is altered, KAIST shall complete the registration of alteration at the place of its main office within two weeks, and at the place of a branch institute within three weeks.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 5 (Documents Accompanying Application for Registration)
An application for each registration prescribed in Articles 2 through 4 shall be accompanied by the following documents:
1. The articles of incorporation of KAIST, when filing for registration for incorporation of KAIST under Article 2;
2. Documents proving the relocation of the main office or a branch institute, when filing for registration of relocation of the main office or a branch institute under Article 3;
3. Documents proving altered matters, when filing for registration of alteration under Article 4.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 6 (Reckoning Registration Period)
The registration period of the matters which are to be registered under Articles 2 through 4 and which require authorization or approval from the Minister of Science and ICT shall be reckoned from the date on which the written authorization or approval is granted. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 7 (Effects of Registrations, Other than Registration for Incorporation)
Matters subject to registration, other than the registration for incorporation, shall not be contested against a third party unless the registration thereof is completed.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 8 (Submission of Budget Requests for Contributions)
(1) KAIST shall submit a budget request for contributions for the following year to the Minister of Science and ICT by no later than May 31 each year along with the following documents: <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. The business plan for the following year;
2. The estimated income statement and the estimated balance sheet for the following year;
3. Other documents necessary for clarifying the details of the budget.
(2) If the details of the request under paragraph (1) are deemed reasonable, the Minister of Science and ICT shall include them in the budget and pay them. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(3) Paragraphs (1) and (2), Articles 9, 10, 15, and 16 shall apply mutatis mutandis where KAIST accepts any contributions from the heads of central administrative agencies, other than the Minister of Science and ICT, or from the heads of public institutions under Article 4 of the Act on the Management of Public Institutions. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 9 (Notification of Decisions on Contributions)
When the budget for contributions is determined, the Minister of Science and ICT shall notify KAIST thereof. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 10 (Payment of Contributions)
(1) KAIST shall submit an application for payment to the Minister of Science and ICT, along with a business plan for the relevant year and a plan for execution of budget for each quarter to accept contributions. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
(2) Upon receipt of an application for payment under paragraph (1), the Minister of Science and ICT shall pay the contributions accordingly, if the business plan and the plan for execution of budget for each quarter are deemed reasonable. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 11 Deleted. <by Presidential Decree No. 21631, Jul. 22, 2009>
 Article 12 (Appropriation of Surplus)
If any surplus accrues at the settlement of accounts of each fiscal year, KAIST shall appropriate them to replenish losses brought forward, and shall carry forward the remainder to the following year.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 13 (Gratuitous Transfer of State Property)
(1) Commodities referred to in Article 11 (1) of the Act shall be as follows:
1. Commodities acquired as a result of academic and research activities of KAIST;
2. Commodities directly used for academic and research activities of KAIST.
(2) Gratuitous transfer or loan of the State property under Article 11 of the Act and commodities under subparagraphs of paragraph (1) shall be made by a contract on the transfer or loan thereof between the managing authority of the relevant State property or commodities and KAIST.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 14 (Application Mutatis Mutandis of the State Property Act)
Unless otherwise expressly prescribed in this Decree, the provisions of the State Property Act or the Commodity Management Act shall apply mutatis mutandis to the details, conditions, and procedures for transfer or loan of the State property or commodities.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 15 (Business Plans)
(1) KAIST shall state the objectives of the business, policies, details of major business, and required budget by classifying them in the business plan for the following year, which is to be submitted pursuant to Article 12 (1) of the Act.
(2) Where KAIST intends to alter any major content of a business plan referred to in paragraph (1), KAIST shall submit the business plan indicating the content to be altered and the ground for such alteration, to the Minister of Science and ICT and obtain his/her approval therefor. In such cases, if it intends to alter the contents concerning academic affairs, it shall also submit the relevant business plan to the Minister of Education. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 16 (Reporting on Settlement of Accounts)
KAIST shall submit to the Minister of Science and ICT the balance sheets of revenues and expenditures for each fiscal year which have been audited by a certified public accountant or an accounting firm designated by the Minister of Science and ICT, along with the following documents, by no later than March 31 of the following year. In such cases, it shall also submit matters concerning academic affairs to the Minister of Education: <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
1. The income statement and the balance sheet for the relevant year;
2. The comparison table between a business plan for the relevant year and the outcomes of execution thereof;
3. A written opinion and a written opinion on audit and inspection prepared by a certified public accountant or an accounting firm that has conducted the inspection;
4. Other reference documents verifying the contents of the settlement of accounts.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Articles 17 through 20 Deleted. <by Presidential Decree No. 11704, Jun. 11, 1985>
 Article 21 (Submission of Research Plans and Research Reports)
(1) Research plans and research reports submitted by KAIST under Article 19 of the Act shall be accompanied by the following documents:
1. An analysis table of domestic and overseas technological trends related to research;
2. A plan for utilization after research and development;
3. Other reference documents explaining the contents of the research.
(2) Matters concerning the guidelines for preparation of research plans and research reports referred to in paragraph (1) and the methods of deliberation and assessment thereof, necessary procedures for conducting joint research of specific tasks under Article 20 of the Act, and the methods and procedures for the joint use of research facilities, etc. under Article 21 of the Act shall be separately prescribed by the Minister of Science and ICT. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28681, Feb. 27, 2018>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
 Article 21-2 (Donation and Joint Use of Land)
Any person who intends to donate land, research facilities or research equipment, etc. to KAIST under Article 21-3 (1) for the purpose of joint use, shall conclude a contract on the donation procedures and joint use with KAIST: Provided, That the procedures for accepting donations under Article 2 (1) of the Act on Collection and Use of Donations shall be governed by the relevant statute or regulation.
[This Article Newly Inserted by Presidential Decree No. 28972, Jun. 19, 2018]
 Article 22 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 27 (1) of the Act shall be as prescribed in the attached table.
[This Article Newly Inserted by Presidential Decree No. 28681, Feb. 27, 2018]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Repealed Statutes and Regulations) The Enforcement Decree of the Act on Fostering of Korea Institute of Science and Technology (Presidential Decree No. 4165) and the Enforcement Decree of the Korea Advanced Institute of Science Act (Presidential Decree Bi, 5405) are hereby repealed, respectively.
(3) (Transitional Measures) Any disposition taken under the provisions of the former Enforcement Decree of the Act on Fostering of Korea Institute of Science and Technology or the former Enforcement Decree of the Korea Advanced Institute of Science Act as at the time this Decree enters into force shall be deemed to have been taken by this Decree.
(4) Omitted.
ADDENDA <Presidential Decree No. 11704, Jun. 11, 1985>
(1) (Enforcement Date) This Decree shall enter into force on June 15, 1985.
(2) and (3) Omitted.
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21631, Jul. 22, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24471, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDA <Presidential Decree No. 28681, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Administrative fines imposed for any violation committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amendments to the attached table.
ADDENDUM <Presidential Decree No. 28972, Jun. 19, 2018>
This Decree shall enter into force on the date of its promulgation.