ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON SCIENCE AND TECHNOLOGY
Presidential Decree No. 17303, Jul. 16, 2001
Amended by Presidential Decree No. 17640, jun. 25, 2002
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 17896, Jan. 29, 2003
Presidential Decree No. 18069, Jul. 29, 2003
Presidential Decree No. 18308, Mar. 9, 2004
Presidential Decree No. 18431, jun. 19, 2004
Presidential Decree No. 18595, Dec. 3, 2004
Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19142, Nov. 30, 2005
Presidential Decree No. 19321, Feb. 8, 2006
Presidential Decree No. 19411, Mar. 29, 2006
Presidential Decree No. 19785, Dec. 29, 2006
Presidential Decree No. 19815, Dec. 30, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 20979, Aug. 27, 2008
Presidential Decree No. 20993, Sep. 10, 2008
Presidential Decree No. 21162, Dec. 12, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21515, May 29, 2009
Presidential Decree No. 21551, jun. 25, 2009
Presidential Decree No. 21698, Aug. 21, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22299, Jul. 26, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22626, Jan. 17, 2011
Presidential Decree No. 22720, Mar. 28, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 23249, Oct. 25, 2011
Presidential Decree No. 23912, jun. 29, 2012
Presidential Decree No. 24308, Jan. 9, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25729, Nov. 19, 2014
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 26732, Dec. 22, 2015
Presidential Decree No. 27231, jun. 21, 2016
Presidential Decree No. 27294, jun. 30, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28800, Apr. 17, 2018
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 2 (Private Participation in Policy Formulation) |
Where the heads of relevant central administrative agencies and of local governments (hereinafter referred to as "heads of the relevant administrative agencies") formulate a science and technology policy (hereafter referred to as "policy" in this Article) pursuant to Article 5 (3) of the Framework Act on Science and Technology (hereinafter referred to as the "Act"), they shall expand the participation of private experts and that of corporations, organizations or civic groups (referring to non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply) referred to in the subparagraphs of Article 49 in affiliated committees related to science and technology, survey the opinions of individuals, corporations and organizations subject to the policy, and reflect them to the maximum extent in the formulation and execution of the policy. [This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
CHAPTER II FORMULATION OF POLICIES FOR SCIENCE AND TECHNOLOGY AND SYSTEMS FOR PROMOTION
| Article 3 (Formulation of Mid- and Long-Term Policy Objectives and Directions) |
| (1) | The Minister of Science and ICT shall notify mid- and long-term policy objectives and direction-setting relating to the development of science and technology determined pursuant to Article 7 (1) of the Act (hereafter referred to as "mid- and long-term policy objectives, etc." in this Article) to the heads of relevant administrative agencies, and publicly announce the same. <Amended by Presidential Decree Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Mid- and long-term policy objectives, etc. shall be formulated on the basis of development trends in science and technology, forecast of ensuing social changes in the future under Article 13 of the Act and Korea’s research and development capabilities, and include the following: <Amended by Presidential Decree No. 25729, Nov. 19, 2014> |
| 1. | Mid- and long-term objectives spanning at least five years for the developments in science and technology; |
| 2. | Development strategies and implementation directions for achievement of the development objectives referred to in subparagraph 1; |
| 3. | Other important policy tasks to be advanced that are necessary for the development of science and technology in the Republic of Korea; |
| 4. | through 6. Deleted. <by Presidential Decree No. 25729, Nov. 19, 2014> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 3-2 (Preliminary Review and Fact-Finding Survey of Mid- and Long-Term Plans for Science and Technology Fields) |
| (1) | The Minister of Science and ICT shall conduct a preliminary review of at least five years' mid- and long-term plans for science and technology fields to be formulated by the heads of the relevant central administrative agencies that conduct national research and development projects (excluding those relating to national defense, humanities, and social sciences) under their jurisdiction pursuant to governing statutes and regulations, and shall inform the heads of the relevant central administrative agencies of the results thereof. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall conduct an annual fact-finding survey concerning matters, such as the correlations between a master plan for science and technology prescribed in Article 7 (2) of the Act (hereinafter referred to as "master plan") and the mid- and long-term plan under paragraph (1), and shall inform the heads of the relevant central administrative agencies of the results thereof. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Where necessary for conducting the fact-finding survey under paragraph (2), the Minister of Science and ICT may request the heads of the relevant central administrative agencies to submit necessary information. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011]
| Article 3-3 (Securing Promising Technologies for Future) |
| (1) | In order to efficiently secure promising technologies for the future under Article 7 (3) 4-2 of the Act, the heads of central administrative agencies may formulate a technology map of the fields under their respective jurisdiction (referring to a plan for technological development proposing objectives by stage and strategical direction of technological development). |
| (2) | With respect to technologies for which cooperation from relevant central administrative agencies is necessary or to which multiple central administrative agencies are related, the Minister of Science and ICT may formulate a technology map concerning technologies (hereinafter referred to as "national technology map") and shall hear the opinions of the heads of relevant central administrative agencies when he/she formulates a national technology map. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Each national technology map shall contain the following matters: |
| 1. | Demand for respective promising technologies for the future and prospects for marketability; |
| 2. | Trends in development of respective promising technologies for the future and prospects therefor; |
| 3. | Trends in intellectual property related with promising technologies for the future and prospect therefor; |
| 4. | Objectives of respective promising technologies for the future, timing for realization thereof and strategies for procuring promising technologies for the future; |
| 5. | Other matters related to the development of promising technologies for the future. |
| (4) | If necessary for formulating a national technology map, the Minister of Science and ICT may request the heads of relevant central administrative agencies, heads of local governments and heads of agencies and organizations related to science and technologies to submit necessary data. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT deems it necessary as technologies develop, he/she may correct and supplement a national technology map. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014]
| Article 4 (Major Matters to Be Included in Master Plans for Science and Technology) |
"Other important matters prescribed by Presidential Decree concerning the advancement of science and technology" in Article 7 (3) 16 of the Act means the following: <Amended by Presidential Decree No. 26732, Dec. 22, 2015> | 1. | Matters concerning expanding the basis for science and technology, such as culture of science and technology; |
| 1-2. | Matters concerning expansion, sophistication, management, operation, joint use and disposal of facilities and equipment for research and development based on science and technology; |
| 2. | Matters concerning the creation of and support for scientific research complexes; |
| 3. | Matters concerning policies on the management and protection of intellectual property rights; |
| 4. | Matters concerning the establishment of classification systems for the national science and technology standards; |
| 5. | Matters concerning the subsidization of funds necessary for technological innovations; |
| 6. | Matters concerning support for national standards-related policy. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 5 (Formulation of Implementation Plans) |
| (1) | The Minister of Science and ICT shall determine guidelines for establishing an annual implementation plan for the following year and guidelines for assessing outcomes of promotion for the year (hereinafter referred to as "guidelines for formulating implementation plans, etc.") to enable the heads of relevant administrative agencies to formulate and promote an annual implementation plan under Article 7 (4) of the Act, and inform the heads of relevant administrative agencies of the details by no later than October 31 of each year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the heads of relevant administrative agencies to submit necessary data, if necessary to develop guidelines for formulating implementation plans, etc. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The heads of the relevant administrative agencies shall formulate an implementation plan for each field under their jurisdiction and check the records of actual achievements according to the guidelines for formulating implementation plans, etc., and submit to the Minister of Science and ICT an implementation plan for the year and outcomes of promotion for the previous year by no later than January 15 of each year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Feb. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Upon receiving implementation plans and outcomes of promotion pursuant to paragraph (3), the Minister of Science and ICT shall aggregate them in accordance with the master plan and inform the heads of relevant administrative agencies of implementation plans for the year and outcomes of promotion for the previous year by no later than March 15 of each year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where the head of any relevant administrative agency intends to revise important particulars of a finalized implementation plan, he/she shall pre-consult with the Minister of Economy and Finance and the Minister of Science and ICT and submit the revised implementation plan to the Presidential Advisory Council on Science and Technology prescribed in the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the "Presidential Advisory Council on Science and Technology"). <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 5-2 Deleted. <by Presidential Decree. No. 24474, Mar. 23, 2013> |
| Article 6 (Formulation of Implementation Plans for Comprehensive Plans for Advancement of Local Science and Technology) |
| (1) | The provisions of Article 5 (1) through (4) shall apply mutatis mutandis to the formulation of annual implementation plans for the comprehensive plan for the advancement of local science and technology under Article 8 (3) of the Act and to submission of, and reporting on the records of actual achievements for the previous year. In such cases, "heads of the relevant administrative agencies" shall be construed as "heads of local governments" and "master plan" shall be construed as "comprehensive plan for the advancement of local science and technology under Article 8 (1) of the Act". <Amended by Presidential Decree No. 22720, Mar. 28, 2011> |
| (2) | To ensure efficient formulation of, and review of the performance of, the comprehensive plan for the advancement of local science and technology and its annual implementation plans, the Minister of Science and ICT shall conduct a fact-finding survey on local science and technology and notify the heads of the relevant administrative agencies of the results thereof. <Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree. No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may, if necessary to conduct the fact-finding survey under paragraph (2), request the heads of the relevant administrative agencies to submit necessary materials. <Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree. No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 7 Deleted. <by Presidential Decree No. 22720, Mar. 28, 2011> |
| Article 8 [Moved to Article 9-3] |
| Article 8-2 Deleted. <by Presidential Decree No. 22720, Mar. 28, 2011> |
| Articles 9 through 13 Deleted. <by Presidential Decree No. 28800, Apr. 17, 2018> |
| Article 13-2 Deleted. <by Presidential Decree No. 20740, Feb. 29, 2008> |
| Article 13-3 Deleted. <by Presidential Decree No. 18595, Dec. 3, 2004> |
| Articles 14 and 14-2 Deleted. <by Presidential Decree No. 20740, Feb. 29, 2008> |
| Article 14-3 Deleted. <by Presidential Decree No. 18595, Dec. 3, 2004> |
| Articles 15 through 19 Deleted. <by Presidential Decree No. 28800, Apr. 17, 2018> |
CHAPTER III CONDUCT OF RESEARCH AND DEVELOPMENT IN SCIENCE AND TECHNOLOGY
| Article 20 (Surveys and Analysis of National Research and Development Projects) |
| (1) | In order to perform surveys and analysis concerning national research and development projects pursuant to Article 12 (1) of the Act, the Minister of Science and ICT shall formulate a plan for a survey and analysis of national research and development projects (hereafter referred to as "survey and analysis plan" in this Article) and notify it to the heads of the relevant central administrative agencies by no later than November 30 each year. <Amended by Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | A survey and analysis plan shall state the agency required to submit materials, target projects, materials to be submitted, a deadline for submission, etc. <Amended by Presidential Decree No. 24308, Jan. 9, 2013> |
| (3) | The heads of relevant central administrative agencies and the chairperson of the National Research Council of Science and Technology under Article 18 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as "Research Council") shall submit to the Minister of Science and ICT the following materials concerning the research and development projects under their jurisdiction in accordance with the relevant survey and analysis plan: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Implementation plan (including plans for performance and matters concerning actual achievements) for national research and development projects for the relevant year; |
| 3. | Other materials determined by the Minister of Science and ICT in consultation with the heads of the relevant central administrative agencies. |
| (4) | The Minister of Science and ICT shall conduct surveys and analysis of national research and development projects based on the relevant survey and analysis plans and the materials submitted under paragraph (3). <Amended by Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall build a database of the materials submitted under paragraph (3) and the outcomes of surveys and analysis performed under paragraph (4) and shall facilitate the efficient utilization thereof. <Amended by Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | "National research and development projects in the fields of national defense, which are prescribed by Presidential Decree" in Article 12 (2) of the Act, means the projects determined by the Minister of Science and ICT after consultations with the Commissioner of the Defense Acquisition Program Administration. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 21 (Allocation and Adjustment of Budget for National Research and Development Projects) |
| (1) | The opinion on the investment priority of national research and development projects under Article 12-2 (1) of the Act shall include the key investment approach employed by the relevant central administrative agency, priorities in major policy fields, direction for the improvement of relevant systems, etc. |
| (2) | The Minister of Science and ICT shall prepare the following matters and submit them to the Minister of Economy and Finance after deliberation by the Presidential Advisory Council on Science and Technology pursuant to Article 12-2 (5) of the Act: <Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| 1. | Formulation of objectives of national research and development projects and the details of adjustment of the fields in which investments are to be concentrated to achieve these objectives; |
| 2. | Size of investments by field of technology in the national research and development projects, the investment priority for each project in the relevant fields of technology, and the details of investment size adjustments; |
| 3. | Details of adjustment, such as division of roles in performing similar or overlapping projects among the relevant central administrative agencies to enhance investment efficiency in national research and development projects. |
| (3) | "Major national research and development projects prescribed by Presidential Decree" in Article 12-2 (5) 3 of the Act means the following projects, other than national research and development projects, etc. in the fields of humanities and social sciences and national research and development projects requiring a high level of security for national defense: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 27294, Jun. 30, 2016; Presidential Decree No. 28800, Apr. 17, 2018> |
| 1. | Large-scale mid- and long-term national research and development projects covering a period of at least five years and implemented based on the master plan or plans established by the relevant central administrative agencies pursuant to statutes and regulations under their jurisdiction; |
| 2. | National research and development projects that require a high degree of professional and technical judgment among projects carried out for creation of future growth engines; |
| 3. | National research and development projects, aiming at acquisition of new knowledge, in the field of basic science and technology; |
| 4. | National research and development projects that require deliberation by the Presidential Advisory Council on Science and Technology for the improvement of investment efficiency, such as similar or overlapping projects of relevant central administrative agencies, projects for installation of research facilities and equipment, and research and development projects involving two or more central administrative agencies. |
| (4) | The Minister of Economy and Finance shall submit the results of budget formulation for national research and development projects to the Minister of Science and ICT, who in turn may present his/her opinion, if necessary. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The heads of the relevant central administrative agencies shall endeavor to ensure efficient investments in national research and development projects, taking into consideration the results of deliberation under Article 12-2 (5) of the Act, in conducting the national research and development projects under their jurisdiction. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 21-2 (Operation of the Consultation Committee on Budget for National Research and Development Projects) |
| (1) | The Minister of Economy and Finance and the Minister of Science and ICT shall operate a consultation committee to discuss matters concerning the allocation, adjustment, etc. of the budget for national research and development projects under Article 12-2 of the Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Economy and Finance and the Minister of Science and ICT shall inform the heads of the relevant central administrative agencies of the matters directly relating to the relevant agencies, among the results of the consultation under paragraph (1). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011]
| Article 21-3 (Submission of Opinions for Selection of Projects Subject to Preliminary Feasibility Studies) |
| (1) | "National research and development project prescribed by Presidential Decree" in Article 12-3 (1) of the Act means any of research and development projects under the Act on the Performance Evaluation and Management of National Research and Development Projects. <Amended by Presidential Decree No. 26732, Dec. 22, 2015> |
| (2) | The Minister of Science and ICT shall conduct technology evaluation of the national research and development projects pursuant to Article 12-3 (1) of the Act with a focus on the following: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| 1. | Necessity and urgency for technology development; |
| 2. | Specificity of project plans; |
| 3. | Similarities to or redundancy with existing projects; |
| 4. | Suitability of support from the national treasury; |
| 5. | and 6. Deleted. <by Presidential Decree No. 28800, Apr. 17, 2018> |
| (3) | Where the Minister of Economy and Finance selects a project to be subject to a preliminary feasibility study pursuant to Article 12-3 (2) of the Act, he/she shall inform the Minister of Science and ICT the results thereof. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011]
| Article 22 (Science and Technology Forecasting) |
| (1) | Deleted. <by Presidential Decree No. 25729, Nov. 19, 2014> |
| (2) | The Minister of Science and ICT shall forecast trends in development of science and technology and in the accompanying changes of future society (hereinafter referred to as "science and technology forecast") under Article 13 (1) of the Act every five years and reflect such results in every master plan. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall report the outcomes of the science and technology forecast to the Presidential Advisory Council on Science and Technology and make public announcement thereof. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| (4) | The science and technology forecast shall be entrusted to and conducted by the Korea Institute of Science and Technology Evaluation and Planning established under Article 20 of the Act (hereinafter referred to as the "Evaluation and Planning Institute"). |
| (5) | The heads of the relevant central administrative agencies may conduct science and technology forecasts or technology needs assessments concerning the fields under their jurisdiction, aside from the science and technology forecast prescribed in paragraph (2), whereup, they shall report the results thereof to the Presidential Advisory Council on Science and Technology and publicly announce the same. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28800, Apr. 17, 2018> |
| (6) | The heads of the relevant central administrative agencies shall identify key technologies vital for enhancement of the nation’s competitiveness and development of the national economy based on the science and technology forecast or the technology needs assessment conducted under paragraph (2) or (5), and shall actively reflect them in national research and development projects under their jurisdiction. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 23 (Scope of and Procedures for Technology Assessment) |
| (1) | Technologies subject to the technology assessment under Article 14 (1) of the Act (hereinafter referred to as "technology assessment") shall be those that are determined by the Minister of Science and ICT in consultation with the heads of the relevant central administrative agencies and that are new future technology or technology with substantial technological, economic and social impacts and spillover effects, etc. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The technology assessment shall include the following: |
| 1. | Impact of the relevant technology on the enhancement of benefits to citizens and on the development of relevant industries; |
| 2. | Impact of the new science and technology on the economy, society, culture, ethics and the environment; |
| 3. | Measures to prevent adverse effects of the relevant technology, where the relevant technology has any potential adverse effect. |
| (3) | The Minister of Science and ICT shall conduct a technology assessment every year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The Evaluation and Planning Institute shall conduct a technology assessment entrusted by the Minister of Science and ICT. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The President of the Evaluation and Planning Institute shall conduct a technology assessment and report the results thereof to the Minister of Science and ICT: Provided, That the technology assessment shall be conducted pursuant to Article 2 with increased participation of non-governmental experts, civic groups, etc. based on public opinions gathered. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Upon receiving the results of a technology assessment under paragraph (5), the Minister of Science and ICT shall report the details thereof to the Presidential Advisory Council on Science and Technology and notify them to the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| (7) | Upon receiving notification of the results of a technology assessment, the heads of the relevant central administrative agencies shall reflect these results in research planning regarding national research and development projects in the fields under their jurisdiction or shall establish and implement measures to minimize adverse effects. |
| (8) | The heads of the relevant central administrative agencies may conduct a technology assessment of the fields under their jurisdiction, and where they have done so, they shall report the results thereof to the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28800, Apr. 17, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 24 (Technology Evaluation) |
| (1) | The head of a relevant central administrative agency may, in accordance with Article 14 (2) of the Act, conduct a technology evaluation of the fields under his/her jurisdiction in consultation with the heads of other relevant central administrative agencies, and where he/she has done so, he/she shall report the results thereof to the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28800, Apr. 17, 2018> |
| (2) | The Minister of Science and ICT shall biennially conduct a technology evaluation of the fields under his/her jurisdiction in consultation with the heads of the relevant central administrative agencies pursuant to Article 14 (2) of the Act, and where he/she has done so, he/she shall report the results thereof to the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 24-2 Deleted. <by Presidential Decree No. 28800, Apr. 17, 2018> |
| Article 24-3 (Designation of Agency Dedicated to Support for Revitalization of Technology Business Start-Up) |
Pursuant to Article 16-4 (3) of the Act, the Minister of SMEs and Startups may designate one of the following agencies as an agency dedicated to providing support for policies prescribed in paragraph (1) of the same Article in each region (hereinafter referred to as “creative economy innovation center”). In such cases, the Minister of SMEs and Startups shall consult with the head of the relevant agency and the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as a “Mayor/Do Governor”) of the region where the relevant agency is located: <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> | 2. | Except as otherwise provided for in subparagraph 1, non-profit corporations established for such purposes as revitalizing technology business start-up, strengthening science and technology innovation capability of small and medium enterprises and venture companies. |
[This Article Newly Inserted by Presidential Decree No. 27231, Jun. 21, 2016]
| Article 24-4 (Operation of Creative Economy Innovation Center) |
| (1) | A creative economy innovation center shall conduct the following affairs: |
| 1. | Identifying and operating tasks for revitalizing technology business start-up of the relevant region and promoting entrepreneurship; |
| 2. | Providing support for strengthening science and technology innovation capability of small and medium enterprises and venture companies of the region, and linkage and general management of the relevant institutions and programs for such support; |
| 3. | Supporting growth of small and medium enterprises and medium-standing enterprises of the region, and interconnection and general management of the relevant institutions and programs for such support; |
| 4. | Cooperating with the relevant agencies regarding technology business start-up of the region and strengthening science and technology innovation capability of regional small and medium enterprises and venture companies, and support for establishment and evaluation of the policies and strategies relevant thereto; |
| 5. | Developing educational programs to nurture future entrepreneurs of the region; |
| 6. | Nurturing and supporting agencies and enterprises that support business start-up of the region; |
| 7. | Providing legal consultation and supporting legal affairs relating to business start-up, and small and medium enterprises and venture companies of the region; |
| 8. | Providing financial consultation and supporting financial affairs of future and current entrepreneurs, small and medium enterprises and venture companies of the region; |
| 9. | Supporting to boost youth employment and operating educational programs by utilizing creative ideas, new technologies, etc.; |
| 10. | Matters regarding the operation of creative economy innovation centers, resolved by the creative economy innovation center operation committee under Article 17 of the Regulations on the Establishment and Operation of the Public-Private Creative Economy Committee. |
| (2) | The head of a creative economy innovation center shall be elected according to the following classifications: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Where an agency referred to in subparagraph 1 of Article 24-3 is designated as a creative economy innovation center: the heads of public institutions, etc. shall elect a person with abundant expertise and experience in the relevant field, after consultation with the Minister of SMEs and Startups; |
| 2. | Where a non-profit corporation prescribed in subparagraph 2 of Article 24-3 is designated as a creative economy innovation center: its head shall be elected according to its articles of association. |
| (3) | A Mayor/Do governor shall support creative innovation economy centers to build a smooth cooperation system with the related agencies in his/her jurisdiction and may involve creative economy innovation centers in the procedure of establishing relevant policies for the regions under his/her jurisdiction. |
| (4) | The head of a creative economy innovation center may request Mayor/Do governors or the heads of public institutions, etc. to dispatch public officials, executive officers and other employees under their authority to the creative economy innovation center if necessary to attain its goals. In such cases, upon receiving the request, Mayor/Do governors or the heads of public institutions, etc. may dispatch public officials, executive officers and other employees under their authority to the creative economy innovation center. |
| (5) | The Government and local governments may provide subsidy to cover allowances and traveling expenses for the public officials or the executive officers and other employees of public institutions, etc. dispatched to creative economy innovation centers pursuant to paragraph (4). |
[This Article Newly Inserted by Presidential Decree No. 27231, Jun. 21, 2016]
| Article 24-5 (Searching for Growth Engines and Formulation of Fostering Plans) |
| (1) | In order to search for and foster growth engines based on science and technology pursuant to Article 16-5 of the Act, the Minister of Science and ICT shall formulate and promote a plan to search for and foster growth engines. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT formulates a plan to search for and foster growth engines, he/she shall hear the opinions of the heads of relevant central administrative agencies and the heads of economic organizations. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | If needs arise for formulating a plan to search for and foster growth engines, the Minister of Science and ICT may request the heads of relevant central administrative agencies, heads of local governments, heads of enterprises, educational institutions or research institutes, heads of institutions and organizations related to science and technology to submit necessary data. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014]
| Article 24-6 (Solving Social Issues by Utilizing Science and Technology) |
| (1) | In order to solve social issues by utilizing science and technology pursuant to Article 16-6 (1) of the Act, the Minister of Science and ICT shall formulate a comprehensive plan to solve social issues based on science and technology by compiling relevant policies, projects, etc. of relevant central administrative agencies (hereinafter referred to as "comprehensive plan") every five years and finalize it following deliberation by the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| (2) | A comprehensive plan shall contain the following matters: |
| 1. | Matters concerning the facilitation of research and development projects to solve social issues; |
| 2. | Matters concerning dissemination of the outcomes of research and development projects to solve social issues, such as the establishment of service delivery channels, measures for creating government-led solutions in the fields in which privately-led solution is unfeasible or unsatisfactory; |
| 3. | Matters concerning the improvement of systems or regulations for solving social issues; |
| 4. | Matters concerning raising awareness of people, researchers, etc. for solving social issues; |
| 5. | Other matters concerning the solving of social issues. |
| (3) | Where it becomes necessary to formulate a comprehensive plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies, heads of local governments, heads of enterprises, educational institutions or research institutes, heads of institutions and organizations related to science and technology to submit necessary data. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014]
| Article 25 (Collaborative Planning of National Research and Development Projects) |
| (1) | In order to facilitate collaborative research and development pursuant to Article 17 (1) of the Act and to enhance the efficiency of investment in research and development, the Minister of Science and ICT may designate projects requiring collaborative planning between the relevant central administrative agencies (hereinafter referred to as "planned collaborative projects") in consultation with the heads of the relevant central administrative agencies, from among the national research and development projects involving two or more central administrative agencies. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The heads of the relevant central administrative agencies shall jointly set up a project implementation plan for the planned collaborative projects designated pursuant to paragraph (1). |
| (3) | Matters concerning the selection and operation of the planned collaborative projects under paragraph (1) shall be determined and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22720, Mar. 28, 2011]
| Article 26 (Inter-Korean Exchanges and Cooperation in Science and Technology) |
| (1) | In order to facilitate inter-Korean exchanges and cooperation in the fields of science and technology pursuant to Article 19 of the Act, the Minister of Science and ICT shall formulate and implement a plan for inter-Korean exchanges and cooperation in science and technology that reflects the details of the master plan (hereinafter referred to as "exchange and cooperation plan") in consultation with the heads of the relevant administrative agencies, including the Minister of Unification and the Director of the National Intelligence Service. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | An exchange and cooperation plan shall include the following matters: |
| 1. | Direction for exchanges and cooperation in science and technology; |
| 2. | Joint research in science and technology, exchanges of human resources and information on science and technology, and development of scientific and technological culture; |
| 3. | Other important matters concerning inter-Korean exchanges and cooperation in the fields of science and technology. |
| (3) | A specialized institution prescribed in Article 19 (3) of the Act (hereafter referred to as "specialized institution" in this Article) shall be designated by the Minister of Science and ICT, after receiving applications from the following institutions, corporations or organizations: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | The Korea Foundation for the Advancement of Science and Creativity established under Article 30-2 (1) of the Act (hereinafter referred to as the "Korea Foundation for the Advancement of Science and Creativity"); |
| 3. | Non-profit corporations, organizations or research institutes relating to research on South-North unification; |
| 4. | Corporations or organizations falling under the subparagraphs of Article 49. |
| (4) | A person who desires to be designated as a specialized institution under paragraph (3) shall submit an application prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The head of a specialized institution designated under paragraph (3) shall submit its business plan and fund execution plan for the relevant year, and the records of actual achievements for the previous year (if applicable) concerning exchange and cooperation plans to the Minister of Science and ICT by no later than January 31 each year. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT has designated a specialized institution, he/she shall publicly announce the following matters in the official gazette: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Name and address of the specialized institution; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of duties. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 27 (Affairs of Korea Institute of Science and Technology Evaluation and Planning) |
| (1) | "National research and development projects prescribed by Presidential Decree" in Article 20 (4) 6 of the Act, means the projects to which the Minister of Science and ICT fully or partially subsidizes expenses incurred in performing the projects. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Where the Evaluation and Planning Institute wishes to obtain government contributions under Article 20 (6) of the Act, it shall submit to the Minister of Science and ICT an application for a subsidization grant, along with the following documents by no later than April 30 each year: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A business plan for a subsequent year; |
| 2. | A forecast balance sheet and income statement for a subsequent year; |
| 3. | Other documents necessary for filing of a request for grant of Government contributions. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
CHAPTER IV EXPANSION OF INVESTMENTS IN SCIENCE AND TECHNOLOGY AND OF HUMAN RESOURCES
| Article 28 (Recommendations for Encouraging Public Institutions to Invest in Research and Development) |
The Minister of Science and ICT may annually determine the size of investment in research and development for the following institutions, and recommend them to invest such amount in the research and development fields relating to the relevant projects: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| 2. | Institutions determined by the Minister of Science and ICT as the planner or implementer of any project with high-level application of advanced science and technology and with the potential to generate obvious industrial and economic spillover effects, among large-scale projects implemented by the State. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 28-2 (Request for Submission of Materials on the Amount of Mid- and Long-Term Investment in Research and Development) |
The Minister of Science and ICT may request the heads of the relevant central administrative agencies to provide materials concerning the amount of mid- and long-term investment in research and development required for establishing the Government’s target levels of investment in research and development and an action plan therefor to be reflected in the master plan pursuant to Article 21 (2) of the Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 22720, Mar. 28, 2011]
| Article 29 (Opening of Fund Account) |
| (1) | The Minister of Science and ICT shall open a fund account in the Bank of Korea in order to ensure transparency of revenue and expenditures from the Science and Technology Promotion Fund under Article 22 of the Act (hereinafter referred to as the “Fund”). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may use up to 10/100 of the operating funds of the Fund for the purposes provided in Article 22 (3) 3 of the Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 30 (Funds for the Science and Technology Promotion Fund) |
"Revenues prescribed by Presidential Decree" in Article 22 (2) 8 of the Act shall be as follows: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 23249, Oct. 25, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Money transferred from other accounts and Funds; |
| 2. | Profit from the operation of assets in kind; |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 31 (Uses of the Science and Technology Promotion Fund) |
| (1) | "Contributions, investments or loans prescribed by Presidential Decree" in Article 22 (3) 2 of the Act means the following purposes: |
| 1. | Contributions to universities and research institutes; |
| 2. | Contributions to, investments in or loans to enterprises. |
| (2) | Matters necessary for extension of loans, including interest rates for the loans referred to in paragraph (1) 2, shall be prescribed by the Minister of Science and ICT after consultation with the Minister of Economy and Finance. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 32 (Development of Fund Operation Plans) |
| (1) | The Minister of Science and ICT shall develop a Fund operation plan containing the following matters for each fiscal year: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Matters concerning Fund revenues and expenditures; |
| 2. | Matters concerning Fund use plans; |
| 3. | Other matters deemed necessary for the operation of the Fund by the Minister of Science and ICT. |
| (2) | Fund operation plans under paragraph (1) shall be approved by the President after deliberation by the State Council. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 33 (Fund Accounting Agency) |
| (1) | The Minister of Science and ICT shall appoint a Fund revenue collection officer, a Fund financial officer, a Fund disbursement officer and a Fund accounting official from among public officials under his/her control to conduct the affairs concerning Fund revenues and expenditures. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Matters concerning the appointment of an accounting agency and the notification thereof to the agency entrusted with the affairs of the Fund operation and management under Article 34 shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 34 (Entrustment of Affairs concerning Fund Operation and Management) |
The Minister of Science and ICT shall entrust the National Research Foundation of Korea established under the National Research Foundation of Korea Act (hereinafter referred to as the "National Research Foundation of Korea") with the affairs concerning the operation and management of the Fund pursuant to Article 22 (4) of the Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 34-2 (Reporting and Disclosure of Information on Fund) |
| (1) | The President of the National Research Foundation of Korea shall report, to the Minister of Science and ICT, detailed monthly Fund operation results, including the operating status of the Fund entrusted pursuant to Article 34, selection of recipients of support from the Fund and provision of support, by the twentieth day of the month immediately following the last month of each quarter. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall disclose detailed Fund operation results reported under paragraph (1) at least once every six months. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 35 (Operation of Fund Surplus) |
The Minister of Science and ICT, may operate surplus Fund as follows: <Amended by Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 36 (Detailed Fund Operationing Rules) |
Except as otherwise provided in this Decree and Ordinance of the Ministry of Science and ICT, matters necessary for the operation, management, etc. of the Fund shall be prescribed by the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 37 (Training and Utilization of Human Resources in Science and Technology) |
| (1) | The Minister of Science and ICT shall formulate a forecast for mid- and long-term demand for and supply of human resources in science and technology every three years pursuant to Article 23 (1) 1 of the Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request relevant central administrative agencies, research institutes, universities, and companies that participated in national research and development projects, etc. to submit necessary data to formulate a supply and demand forecast under paragraph (1). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Institutions designated and publically announced by the Minister of Science and ICT from among following institutions shall become the institutions conducting technical training and further education for human resources in science and technology prescribed in Article 23 (3) of the Act: <Amended by Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The Korea Institute of Science and Technology Evaluation and Planning established pursuant to Article 20 of the Act; |
| 2. | Other institutions deemed by the Minister of Science and ICT to be equipped with capabilities of conducting education of human resources in science and technology. |
| (4) | Institutions conducting technical training and further education for human resources in science and technology designated pursuant to paragraph (3), shall submit a plan for technical training and further education, including details of education and conducting methods to the Minister of Science and ICT by no later than January 31 every year. <Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 38 (Training and Utilization of Female Scientists and Engineers) |
| (1) | The Minister of Science and ICT shall devise schemes to train and utilize female scientists and engineers pursuant to Article 24 of the Act by hearing the opinions of the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The schemes under paragraph (1) shall include the following matters: |
| 1. | Matters concerning the planning and promotion of research and development projects relating to improvement of the competitiveness of female scientists and engineers; |
| 2. | Matters concerning boosting the morale of female scientists and engineers; |
| 3. | Matters concerning increase in employment of female scientists and engineers; |
| 4. | Matters concerning fostering of female science and technology organizations; |
| 5. | Matters concerning support for the agencies that train and utilize female scientists and engineers; |
| 6. | Other important matters concerning training and utilization of female scientists and engineers. |
| (3) | A policy advisory organization for female scientists and engineers may be established under the Minister of Science and ICT in order to provide advice requested by the said Minister. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 39 (Discovery and Fostering of Scientific Talents) |
| (1) | The Minister of Science and ICT shall formulate plans for the discovery and fostering of scientific talents under Article 25 of the Act after hearing the opinions of the heads of the relevant central administrative agencies, and shall reflect them in the comprehensive plans for special education for brilliant children formulated under Article 3 (1) 1 of the Gifted Education Promotion Act for Brilliant Children. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Plans for the discovery and fostering of scientific talents referred to in paragraph (1) shall include the following matters: |
| 1. | Objectives of and direction for the discovery and fostering of scientific talents; |
| 2. | Establishment or designation and utilization of educational institutions for scientific talents; |
| 3. | Schemes for building linked operational systems between educational institutions for scientific talents; |
| 4. | Development of programs relating to the fostering of scientific talents. |
| (3) | An agency to provide specialized support for the early discovery and fostering of scientific talents pursuant to Article 25 (2) of the Act (hereafter referred to as "specialized institution" in this Article) shall be designated by the Minister of Science and ICT from among any of the following institutions, corporations or agencies: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The Korea Foundation for the Advancement of Science and Creativity; |
| (4) | Matters necessary for the designation of the specialized institutions shall be prescribed and publicly announced by the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
CHAPTER V STRENGTHENING SCIENTIFIC AND TECHNOLOGICAL BASIS AND CREATION OF INNOVATIVE ENVIRONMENT
| Article 40 (Establishment of Management and Distribution Systems for Knowledge and Information regarding Science and Technology) |
| (1) | Knowledge and information in science and technology as well as national research and development projects to be produced, distributed, managed and utilized under Article 26 (1) of the Act, shall include domestically or internationally gathered information, academic journals and science and technological journals in the fields of science and technology, tasks relating to national research and development projects, information on relevant research outcomes, evaluation and coordination, technological and industrial information, patent information, information on human resources, facilities and equipment for research and development, information on technology transfer and practical use and information on the establishment of technology-intensive companies, etc. <Amended by Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 25729, Nov. 19, 2014> |
| (2) | The Minister of Science and ICT shall implement the policies prescribed in each subparagraph of Article 26 (1) of the Act by reflecting them in the plans for the science and technology fields as part of the implementation plans for national informatization under Article 7 of the Framework Act on National Informatization as well as in the mid- and long-term plans for the management and development of knowledge and information resources under Article 25 (2) of the said Act. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26732, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | In order to ensure the efficient management and distribution of knowledge and information regarding science and technology, as well as national research and development projects, the Minister of Science and ICT may request the heads of central administrative agencies, heads of local governments, heads of enterprises, educational institutions or research institutes and heads of institutions and organizations related to science and technology to submit necessary materials therefor. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The heads of the relevant central administrative agencies shall formulate necessary measures to ensure evaluation of the value of knowledge and information regarding science and technology, as well as national research and development projects in the fields under their jurisdiction and appropriate protection of such knowledge and information. |
| (5) | A support agency referred to in Article 26 (3) of the Act (hereafter referred to as "support agency" in this Article and Article 41) means 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 (hereinafter referred to as the "Korea Institute of Science and Technology Information"): Provided, That the Minister of Science and ICT may separately designate a support agency from among the institutions, corporations, or organizations referred to in any subparagraph of Article 26 (3), or institutions specialized in the planning and management of research and development projects, with respect to the fields of information, such as the results of surveys, analysis and evaluations of national research and development projects prescribed in Article 12 of the Act, information regarding budget allocation and adjustment for national research and development projects prescribed in Article 12-2 (5) 3 of the Act, information regarding research and development facilities and equipment, industrial information, technology transfer information, patent information, weather information, atomic energy information that are the fields of information deemed efficient if managed and distributed by separate specialized agencies, in consultation with the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT has designated a support agency under the proviso to paragraph (5), he/she shall publicly announce the following matters in the Official Gazette: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Name and address of the support agency; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of support affairs. |
| (7) | The heads of support agencies shall submit to the Minister of Science and ICT the business plans and fund execution plans for the relevant year, and the records of actual performance for the previous year, with respect to the management and distribution of knowledge and information regarding science and technology, as well as national research and development projects by no later than January 31 each year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (8) | Support affairs to be performed by the Korea Institute of Science and Technology Information under Article 26 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 22720, Mar. 28, 2011> |
| 1. | Comprehensive collection and analysis of knowledge and information relating to domestic or overseas science and technology; |
| 2. | Buildup, interconnection and joint use of databases containing knowledge and information on science and technology; |
| 3. | Building up of the distribution system and the comprehensive management system for knowledge and information on science and technology; |
| 4. | Standardization for the joint use of knowledge and information in science and technology; |
| 5. | Provision of support to the formulation of comprehensive implementation policies and plans designed to facilitate the management and distribution of knowledge and information in science and technology; |
| 6. | Other matters necessary for facilitating science and technology informatization. |
| (9) | The heads of support agencies shall submit the actual results of performing the assigned affairs, to the Minister of Science and ICT, by the tenth day of the month immediately following the last month of each quarter. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 40-2 (Inspection and Analysis of Statistics and Indexes of Science and Technology) |
| (1) | The statistics and indexes of science and technology prescribed in Article 26-2 (1) of the Act, to be inspected and analyzed shall be as follows: |
| 1. | Matters concerning activities and outcomes of research and development of science and technology at home and abroad; |
| 2. | Matters concerning technology trade. |
| (2) | "Materials prescribed by Presidential Decree" in the former part of Article 26-2 (4) of the Act means the materials related to the payment and receipt of price of technology exported and imported. |
| (3) | The inspection of statistics and indexes of science and technology prescribed in paragraph (1) shall be conducted by field inspection, inspection of documents, survey, etc., and electronic means, such as information and communications, email, may be used. |
[This Article Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014]
| Article 41 (Establishment of National Science and Technology Standard Classification System) |
| (2) | The President of the Evaluation and Planning Institute shall develop a plan for creation of science and technology standard classification tables in an effort to establish the national science and technology standard classification system and shall notify it to the heads of respective support agencies engaged in research planning, evaluation and management for national research and development projects. |
| (3) | Upon receiving notification of the plan under paragraph (2), the heads of respective support agencies shall prepare science and technology standard classification tables in the fields under their jurisdiction and submit them to the President of the Evaluation and Planning Institute. |
| (4) | The President of the Evaluation and Planning Institute shall prepare a draft of the National Standard Classification Table for Science and Technology after compiling a science and technology standard classification table for each field submitted under paragraph (3) based on opinions gathered from the academic circles and organizations relating to science and technology and the Presidential Advisory Council on Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended by Presidential Decree No. 24474, Mar. 23, 2013> |
| (5) | The Minister of Science and ICT shall prepare the National Standard Classification Table for Science and Technology based on the draft submitted under paragraph (4), finalize and make public announcement thereof after deliberation by the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| (6) | The Minister of Science and ICT shall research and analyze trends in science and technology classifications in developed countries, and revise and improve the National Standard Classification Table for Science and Technology every five years, in consideration of emergence of new technologies. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (7) | The heads of the relevant central administrative agencies shall fully utilize the National Standard Classification Table for Science and Technology finalized under paragraph (5) in performing the following duties: |
| 1. | Research planning, evaluation and management for national research and development projects; |
| 2. | Science and technology forecast and evaluation on technological levels; |
| 3. | Management and distribution of knowledge and information relating to science and technology. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 42 (Pursuing Expansion and Sophistication of Facilities and Equipment for Research and Development) |
| (1) | The heads of the relevant central administrative agencies shall periodically survey the current status of facilities and equipment for research and development in order to efficiently facilitate the expansion and sophistication, and management, operation, joint use and disposal (hereinafter referred to as “expansion, sophistication, etc.”) of facilities and equipment for research and development pursuant to Article 28 (1) of the Act. <Amended by Presidential Decree No. 26732, Dec. 22, 2015> |
| (2) | The heads of the relevant central administrative agencies shall formulate the following plans based on findings from surveys conducted under paragraph (1) and shall reflect them in the mid- and long-term plans for national research and development projects: <Amended by Presidential Decree No. 26732, Dec. 22, 2015> |
| 1. | Plans for expansion of the facilities and equipment for research and development, required for the relevant research and development projects; |
| 2. | Plans for management, operation and joint use of facilities and equipment for research and development; |
| 3. | Plans for sophistication of facilities and equipment for research and development; |
| 4. | Plans for disposal of facilities and equipment for research and development. |
| (3) | The heads of the relevant central administrative agencies shall build efficient utilization systems for the facilities and equipment for research and development, such as operation of equipment cluster and the promotion of its joint use. |
| (4) | The Minister of Science and ICT shall take the following measures concerning plans referred to in each subparagraph of paragraph (2), and efficient utilization systems for the facilities and equipment for research and development referred to in paragraph (3), after consultation with the heads of the relevant central administrative agencies: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26732, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Formulation of plans for expansion, sophistication, etc. of the facilities and equipment for research and development: In such cases, the heads of the relevant central administrative agencies shall compile the plans formulated pursuant to paragraph (2) and the utilization systems built up pursuant to paragraph (3); |
| 2. | Establishment and operation of a comprehensive information system for facilitating the management, operation and joint use of the facilities and equipment for research and development: In such cases, the Minister of Science and ICT shall determine and publicly notify the details concerning the establishment, operation, etc. of the comprehensive information system. |
| (5) | The heads of relevant administrative agencies may fully or partially subsidize expenses incurred by universities, research institutes and companies in expansion and operation of the facilities and equipment for research and development. |
| (6) | An agency to support the expansion, sophistication, etc. of the facilities and equipment for research and development under Article 28 (2) of the Act (hereafter referred to as "support agency" in this Article) shall be designated by the Minister of Science and ICT, from among the following corporations: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 26732, Dec. 22, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Government-funded science and technology research institutes pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 3. | The National Research Council of Science and Technology pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes. |
| (7) | Where the Minister of Science and ICT has designated a support agency under paragraph (6), it shall publicly announce the following matters in the official gazette: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Name and address of the support agency; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of duties. |
| (8) | A support agency shall perform duties concerning the following matters: <Amended by Presidential Decree No. 26732, Dec. 22, 2015> |
| 1. | Matters concerning provision of support with regard to the development of an efficient operation and management scheme for the facilities and equipment for research and development; |
| 2. | Matters concerning provision of support with regard to the needs assessment, fact-finding surveys and analyses of the facilities and equipment for research and development; |
| 3. | Matters concerning facilitation of the production, distribution, management and utilization of information on the facilities and equipment for research and development; |
| 4. | Matters necessary to support the formulation and execution of policies relevant to expansion, sophistication, etc. of the facilities and equipment for research and development; |
| 4-2. | Matters necessary to facilitate the nurturing of human resources relevant to expansion, sophistication, etc. of the facilities and equipment for research and development; |
| 4-3. | Matters necessary to facilitate the development of the facilities and equipment for research and development and to support growth of the relevant industry; |
| 5. | Matters concerning provision of support with regard to creation of a road map for the facilities and equipment for research and development; |
| 6. | Matters concerning standardization of the facilities and equipment for research and development; |
| 7. | Other matters necessary for the expansion, sophistication, etc. of the facilities and equipment for research and development. |
| (9) | The heads of support agencies shall submit business plans for the relevant year and records of actual performance for the previous year with respect to the affairs stipulated under paragraph (8) to the Minister of Science and ICT by no later than January 31 of each year. <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 42-2 (Subjects of Standard Guideline and Establishment Procedures Thereof) |
| (1) | The standard guideline pursuant to Article 28 (3) of the Act (hereinafter referred to as “standard guideline”) shall apply to the management and operation, and joint use and disposal of the facilities and equipment for research and development which has been or will be expanded through projects supported by a central administrative agency’s budget or funds for purposes of research and development of science and technology. |
| (2) | Where it is deemed necessary for the management and operation, and joint use and disposal of the facilities and equipment for research and development for national defense or national security, the Minister of Science and ICT may not apply the standard guideline in consultation with the heads of the relevant central administrative agency notwithstanding paragraph (1). <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | To monitor performance relating to the management, operation and joint use and disposal of the facilities and equipment for research and development under paragraph (1), the Minister of Science and ICT shall conduct a fact-finding survey every year and notify the heads of the relevant administrative agency the result thereof. In such cases, he/she may request the heads of the relevant administrative agency to submit necessary materials. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | If necessary for the establishment of the standard guideline, the Minister of Science and ICT may request the heads of the relevant administrative agencies, heads of enterprises, educational institutions or research institutes, heads of institutions and organizations related to science and technology to submit necessary materials. The same shall also apply where it is necessary to amend the standard guideline. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 26732, Dec. 22, 2015]
| Article 43 (Creation of and Support for Science Research Complexes) |
| (1) | A science research complex under Article 29 of the Act (hereinafter referred to as "science research complex") shall be created according to the procedures for designation and development of national industrial complexes, general industrial complexes or urban high-tech industrial complexes designated under the Industrial Sites and Development Act. |
| (2) | For innovation of national science and technology and promotion of local science and technology, the Minister of Science and ICT may designate a science research complex, after consultation with the heads of the relevant central administrative agencies, primarily, in areas in which at least two of the following agencies are located: <Amended by Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | Universities, industrial colleges, junior colleges, and technical colleges established under the Higher Education Act; |
| 3. | National and public research institutes; |
| (3) | The heads of the relevant central administrative agencies shall provide support, with priority, for the following matters, to universities, research institutes, companies, etc. located within the science research complexes designated under paragraphs (1) and (2) (hereinafter referred to as "occupant institutions"): <Amended by Presidential Decree No. 25729, Nov. 19, 2014> |
| 2. | Support for scientific and technological innovation in the private sector under Article 16 of the Act; |
| 2-2. | Dissemination of research and development outcomes, and transfer and commercialization of technologies under Article 16-3 of the Act; |
| 4. | Facilitation of internationalization of science and technology, including conducting international collaborative research under Article 18 of the Act; |
| 7. | Establishment of a system for the management and distribution of knowledge and information in science and technology as well as national research and development projects under Article 26 of the Act; |
| 9. | Other matters deemed necessary to increase exchanges and cooperation among occupant institutions. |
| (4) | Where the heads of the relevant central administrative agencies provide support to science research complexes under paragraph (3), they shall provide support appropriate for the conditions of each science research complex in comprehensive consideration of progress in establishing a science research complex, the number of occupant institutions, their characteristics, the level of their innovative activities in science and technology, and other similar matters. |
| (5) | The head of a local government who intends to obtain a subsidy prescribed in Article 29 (2) of the Act shall submit to the head of the relevant central administrative agency an application for subsidy, along with the following documents by no later than April 30 each year: |
| 1. | Development plan for a science research complex; |
| 2. | Statements on project requirements; |
| 3. | Other documents necessary for the request for a subsidy budget. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 44 (Granting of Contributions) |
| (1) | Where the institutions or organizations falling under any subparagraph of Article 30 (2) of the Act (hereinafter referred to as "institutions, etc.") and the corporations or organizations prescribed in Article 33 (3) of the Act (hereinafter referred to as "corporations, etc."), intend to obtain the contribution or subsidy prescribed in Articles 30 (3), 30-2 (5) and 33 (2) of the Act, they shall submit requests for government budget for the following year to the Minister of Education (limited to expenses incurred by the institutions or organizations in performing projects under Article 30 (3) of the Act in cases of a request to the Minister of Education; hereafter the same shall apply in this Article) or to the Minister of Science and ICT by no later than April 30 each year together with following documents: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A business plan for a subsequent year; |
| 2. | A forecast balance sheet and income statement for a subsequent year; |
| 3. | Other documents required for a request for budget. |
| (2) | Where institutions, etc. or corporations, etc. intend to obtain contributions or subsidies, they shall submit an application therefor to the Minister of Education or the Minister of Science and ICT, along with quarterly business plans and quarterly budget execution plans. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Where the quarterly business plans and quarterly budget execution plans are deemed reasonable, the Minister of Education or the Minister of Science and ICT shall grant contributions or subsidies accordingly. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Upon receiving government contributions or subsidies, institutions, etc. or corporation, etc. shall quarterly report actual business performance to the Minister of Education or the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Upon receiving government contributions or subsidies, institutions, etc. or corporations, etc. shall submit a statement of settlement of revenue and expenditure accounts for each business year to the Minister of Education or the Minister of Science and ICT by no later than March 31 of the following year, along with the following documents: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Business performance report for the relevant year with comparison to the business plans; |
| 2. | Balance sheet and income statement for the relevant year; |
| 3. | Other documents required for settlement of accounts. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 45 (Gratuitous Transfer of State Property) |
| (1) | The gratuitous transfer or loan of State property prescribed in Article 30-2 (6) of the Act shall be governed by a contract between the managing authority of the relevant State property and the Korea Foundation for the Advancement of Science and Creativity. <Amended by Presidential Decree No. 25729, Nov. 19, 2014> |
| (2) | Where the Korea Foundation for the Advancement of Science and Creativity has used State property gratuitously transferred or loaned under paragraph (1) for purposes other than those for the relevant transfer or loan, the managing authority of State property may terminate or revoke the relevant transfer or loan contract. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 46 (Support for Practical Use of Research and Development Outcomes) |
The heads of the relevant central administrative agencies may provide the following support in order to facilitate the practical use of research and development outcomes pursuant to Article 31 (3) of the Act: | 1. | Support for the operation of a department in exclusive charge of facilitating the practical use by national or public research institutes, universities and government-funded research institutes (hereinafter referred to as "research institutes, etc."); |
| 2. | Fostering technology start-up fosterage centers with the purpose of providing support for facilities, places, technologies, information, etc. to a founder in order to promote and foster the start-up of technology-intensive companies; |
| 3. | Loan mediation of start-up funds and management consulting; |
| 4. | Support for technology, information, facilities, sites and equipment retained by research institutes, etc.; |
| 5. | Reduction of or exemption from the royalties incurred by technological implementation of the industrial property rights, etc. retained by research institutes, etc. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 47 (Registration of Scientists and Engineers) |
| (1) | The Minister of Science and ICT shall entrust the following institutions with registration of scientists and engineers under Article 31 (4) of the Act: <Amended by Presidential Decree No. 22720, Mar. 28, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The National Research Foundation of Korea; |
| 2. | The Planning and Evaluation Institute; |
| 3. | The Korea Foundation for the Advancement of Science and Creativity; |
| 4. | The Korea Institute of Science and Technology Information; |
| (2) | Persons eligible for registration as scientists and engineers under Article 31 (4) of the Act shall be the following persons: |
| 1. | Persons who hold master's or higher degrees in science and engineering from Korean or foreign universities, or persons who have expertise equivalent to or higher than such degrees and who are conducting or have conducted research and development activities; |
| 2. | Persons who have received an award in science and technology fields hosted or sponsored by the Government, or who have received an award at an international academic convention. |
| (3) | A person who desires to be registered as scientist and engineer among those falling under any subparagraph of paragraph (2) shall submit an application for registration, stating the following matters, to an institution entrusted by the Minister of Science and ICT under paragraph (1): <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Personal details and the principal place of work; |
| 2. | Matters concerning education, academic degrees and qualifications; |
| 3. | Matters concerning career history and major activities relating to science and technology; |
| 4. | Matters concerning research performance, award and decoration and acquisition of intellectual property rights; |
| 5. | Other matters concerning major research activities determined by the Minister of Science and ICT. |
| (4) | Upon receiving an application for registration, the institution entrusted under paragraph (1) shall notify the applicant and the head of the relevant central administrative agency of whether he/she is granted the registration as scientist and engineer, and shall compile into a database, and manage, the registered information. |
| (5) | Upon receiving a notice of registration under paragraph (4), the head of the relevant central administrative agency shall take necessary measures to promote preferential treatment and expand job opportunities for the registered scientist and engineers and increase their participation in the utilization and exchange of human resources, etc. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 48 (Fostering and Evaluation of Government-Funded Research Institutes) |
| (1) | Matters to be evaluated in relation to government-funded research institutes, etc. prescribed in Article 32 (3) of the Act (hereinafter referred to as "government-funded research institutes, etc.") shall be as follows: Provided, That the evaluation of the Research Council and its affiliated research institutes shall be performed pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Duties of institutes and strategic quality of their long-term development goals; |
| 2. | Professionalism in carrying out research and projects; |
| 3. | Efficiency in management of institutes; |
| 4. | Excellence in the outcomes of research and projects; |
| 5. | Other matters deemed necessary by the Minister of Science and ICT for the development of government-funded research institutes, etc. |
| (2) | "Affiliated government-funded research institutes, etc. prescribed by Presidential Decree" in the main sentence of Article 32 (3) of the Act means any of the following: <Amended by Presidential Decree No. 23248, Oct. 25, 2011; Presidential Decree No. 23912, Jun. 29, 2012; Presidential Decree No. 24308, Jan. 9, 2013; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25729, Nov. 19, 2014; Presidential Decree No. 26551 Sep. 25, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The Agency for Defense Development established under the Act on the Agency for Defense Development; |
| 3. | The Gwangju Institute of Science and Technology established under the Gwangju Institute of Science and Technology Act; |
| 4. | The Daegu Gyeongbuk Institute of Science and Technology established under the Daegu Gyeongbuk Institute of Science and Technology Act; |
| 4-2. | Ulsan National Institute of Science and Technology established under the Ulsan National Institute of Science and Technology Act; |
| 4-3. | The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act; |
| 7-2. | The Institute for Basic Science established under Article 14 of the Special Act on Establishment of and Support for International Science and Business Belts; |
| 8. | Other institutes deemed necessary by the Minister of Science and ICT. |
| (3) | The heads of the relevant central administrative agencies shall fully reflect the outcomes of the evaluation under paragraph (1) in relevant policies and projects in order to efficiently nurture their affiliated government-funded research institutes, etc. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 49 (Non-Profit Science and Technology Corporations or Organizations to Be Fostered) |
The corporations or organizations to be fostered pursuant to Article 33 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 22626, Jan. 17, 2011; Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 27231, Jun. 21, 2016; Presidential Decree No. 28210, Jul. 26, 2017> | (a) | The Korean Federation of Science and Technology Societies; |
| (b) | The Korea Industrial Technology Association; |
| (c) | Any other corporation or organization designated by the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT. |
[This Article Wholly Amended by Presidential Decree No. 22299, Jul. 26, 2010]
| Article 50 (Measures to Improve Regulation on Science and Technology) |
| (1) | The Minister of Science and ICT shall formulate measures to improve the science- and technology-related regulation (hereinafter referred to as "improvement measures") by annually evaluating the science- and technology-related regulation of relevant central administrative agencies and formulating policies to improve regulation on scientific and technological innovation, and finalize the improvement measures after deliberation by the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28800, Apr. 17, 2018> |
| (2) | The heads of relevant central administrative agencies shall promote matters under their jurisdiction according to improvement measures. |
| (3) | The Minister of Science and ICT shall, every year, examine the outcomes of promotion of improvement measures taken by relevant central administrative agencies. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25729, Nov. 19, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Article 2 (Repealed Statutes or Regulations)
Article 3 Omitted.
Article 4 (Relationship with Other Statutes or Regulations)
A citation to the Enforcement Decree of the Special Act on Innovation in Science and Technology and the Enforcement Decree of the Science and Technology Promotion Act in other statutes or regulations as at the time this Decree enters into force shall be deemed a citation to the corresponding provisions of this Act, if any, in lieu of the former provisions.
ADDENDUM <Presidential Decree No. 17640, Jun. 25, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 17896, Jan. 29, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 18069, Jul. 29, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18308, Mar. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 12, 2004.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 18431, Jun. 19, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18595, Dec. 3, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
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. 19142, Nov. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on December 1, 2005. |
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19411, Mar. 29, 2006>
This Decree shall enter into force on March 31, 2006.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19582, Jun. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19785, Dec. 29, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21-3 shall enter into force on January 1, 2007. |
| (2) | (Applicability to Conduct of Prior Feasibility Studies of National Research and Development Projects) The amended provisions of Article 21-3 shall apply beginning with the first project subject to a prior feasibility study conducted on or after the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 19815, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
Articles 2 through 4 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.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 20979, Aug. 27, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 6, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20993, Sep. 10, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21162, Dec. 12, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 14, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21515, May 29, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21551, Jun. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 26, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22299, Jul. 26, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24-2 shall enter into force on August 5, 2010.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
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. 22720, Mar. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2011.
Article 2 (Transitional Measures concerning Acts Done by the Council)
| (1) | Any act done by the Minister of Education, Science and Technology, such as determination, requests for submission of materials, commissioning, and entrustment, or any act done in relation to the Minister of Education, Science and Technology, with respect to mid- and long-term policy objectives, etc., for the development of science and technology, commissioning of members for the Consultation Committee on Regional Science and Technology Promotion, technology impact assessment, technological level evaluation, commissioning of members for the Consultation Committee on Basic Science Research Promotion, entrustment to the Korea Institute of Science and Technology Evaluation and Planning of the management affairs related to research planning, surveys and analyses, creation of management and distribution systems for knowledge, information, etc. in science and technology, and upgrading of facilities and equipment for research and development under former Articles 3, 15, 23, 24, 24-2, 27, 40, and 42 as at the time this Decree enters into force shall be deemed an act done by or in relation to the Council under this Decree. |
| (2) | Matters which the Operation Committee has deliberated on or reported pursuant to the former provisions as at the time this Decree enters into force shall be deemed those which the Operation Committee has deliberated on or reported pursuant to the amended provisions of Article 11. |
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23249, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23912, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24308, Jan. 9, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Change in Correction or Supplementation Period for National Standard Classification Table for Science and Technology)
The amended provisions of Article 41 (6) shall also apply to the National Standard Classification Table for Science and Technology that has been publicly announced and in force before this Decree enters into force.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25729, Nov. 19, 2014>
This Decree shall enter into force on November 29, 2014.
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 amended parts of Presidential Decrees promulgated before this Decree enters into force, the enforcement date of which has not yet arrived, from among Presidential Decrees amended pursuant to Article 5 of Addenda shall enter into force on the date of enforcement of respective Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26732, Dec. 22, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDA <Presidential Decree No. 27231, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016: Provided, That the amended provisions of Article 13 (2) and subparagraph 4 of Article 49 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Designation as Specialized Agency)
| (1) | An agency designated as the creative economy innovation center pursuant to Article 20 (1) of the previous Regulations on the Establishment and Operation of the Public-Private Creative Economy Committee as at the time this Decree enters into force shall be deemed designated as the creative economy innovation center pursuant to the amended provisions of Article 24-3. |
| (2) | A person appointed as the head of a creative economy innovation center pursuant to Article 20 (3) of the previous Regulations on the Establishment and Operation of the Public-Private Creative Economy Committee as at the time this Decree enters into force shall be deemed appointed as the head of a creative economy innovation center pursuant to the amended provisions of Article 24-4 (2). |
ADDENDA <Presidential Decree No. 27294, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016.
Article 2 (Applicability concerning Allocation and Adjustment of Budget for National Research and Development Projects)
The amended provisions of Article 21 (3) shall apply beginning with national research and development projects of 2018.
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. 28800, Apr. 17, 2018>
This Decree shall enter into force on April 17, 2018.