ENFORCEMENT DECREE OF THE SPECIFIC RESEARCH INSTITUTES SUPPORT ACT
Presidential Decree No. 7178, jun. 13, 1974
Amended by Presidential Decree No. 7757, Aug. 22, 1975
Presidential Decree No. 8070, Apr. 6, 1976
Presidential Decree No. 8149, jun. 7, 1976
Presidential Decree No. 8496, Mar. 16, 1977
Presidential Decree No. 8764, Dec. 10, 1977
Presidential Decree No. 8975, Apr. 25, 1978
Presidential Decree No. 9838, Apr. 1, 1980
Presidential Decree No. 10146, Jan. 5, 1981
Presidential Decree No. 11080, Mar. 25, 1983
Presidential Decree No. 11701, May 29, 1985
Presidential Decree No. 12748, Jul. 4, 1989
Presidential Decree No. 12963, Mar. 31, 1990
Presidential Decree No. 12964, Mar. 31, 1990
Presidential Decree No. 13031, jun. 28, 1990
Presidential Decree No. 13688, Jul. 2, 1992
Presidential Decree No. 13988, Oct. 6, 1993
Presidential Decree No. 15282, Feb. 22, 1997
Presidential Decree No. 15303, Mar. 11, 1997
Presidential Decree No. 16093, Jan. 29, 1999
Presidential Decree No. 16197, Mar. 26, 1999
Presidential Decree No. 17303, Jul. 16, 2001
Presidential Decree No. 18308, Mar. 9, 2004
Presidential Decree No. 18969, Jul. 27, 2005
Presidential Decree No. 19582, jun. 30, 2006
Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 19784, Dec. 29, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21162, Dec. 12, 2008
Presidential Decree No. 21461, Apr. 30, 2009
Presidential Decree No. 21551, jun. 25, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21692, Aug. 18, 2009
Presidential Decree No. 22815, Apr. 1, 2011
Presidential Decree No. 22844, Apr. 5, 2011
Presidential Decree No. 23025, Jul. 14, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 23361, Dec. 13, 2011
Presidential Decree No. 23993, Jul. 26, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 28210, Jul. 26, 2017
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 2 (Areas Where Specific Research Institutes Are to Be Established) |
Areas where specific research institutes (hereinafter referred to as "research institute") defined in Article 2 of the Specific Research Institutes Support Act (hereinafter referred to as the "Act") are to be established shall be as follows: <Amended by Presidential Decree No. 23993, Jul. 26, 2012; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 3. | Other areas which the Minister of Science and ICT deems necessary for the balanced promotion and development of science and technology. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 3 (Designation of Research Institutes) |
"Research institutes prescribed by Presidential Decree" in Article 2 of the Act means the following research institutes: <Amended by Presidential Decree No. 26551, Sep. 25, 2015> | 9. | Korea Institute for Advancement of Technology, Korea Evaluation Institute of Industrial Technology, Korea Institute of Ceramic Engineering and Technology, and Korea Testing Laboratory under the Industrial Technology Innovation Promotion Act; |
| 11. | Institute for Basic Science under Article 14 of the Special Act on Establishment of and Support for International Science and Business Belts. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 4 (Payment of Contributions) |
| (1) | The Minister of Science and ICT shall pay contributions under Article 3 (1) of the Act to research institutes or joint management organizations referred to in Article 8 (2) of the Act (hereinafter referred to as "joint management organization") by reflecting such contributions in its budget, and where the head of a central administrative agency in charge of the relevant project deems particularly necessary, he/she may pay contributions by reflecting them in its budget, and the head of the central administrative agency in charge of the relevant project shall pay contributions made from the special account budget by reflecting them in its budget. <Amended by Presidential Decree No. 23361, Dec. 13, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Deleted. <by Presidential Decree No. 10146, Jan. 5, 1981> |
| (3) | When the budget for contributions under paragraph (1) has been finalized, the head of a central administrative agency that pays contributions shall notify research institutes or joint management organizations thereof. <Amended by Presidential Decree No. 23361, Dec. 13, 2011> |
| (4) | Where a research institute or joint management organization intends to receive contributions, it shall submit an application for payment of contributions to the head of a central administrative agency that pays contributions, along with a quarterly business plan and a quarterly plan for the execution of the budget. <Amended by Presidential Decree No. 23361, Dec. 13, 2011> |
| (5) | Where the head of a central administrative agency that pays contributions deems that the relevant quarterly business plan and the relevant quarterly plan for the execution of the budget submitted to him/her pursuant to paragraph (4) are appropriate, he/she shall pay contributions accordingly. <Amended by Presidential Decree No. 23361, Dec. 13, 2011> |
| (6) | Deleted. <by Presidential Decree No. 11080, Mar. 25, 1983> |
| Article 5 (Prohibition of Use of Contributions for another Purposes) |
No research institute or joint management organization shall use contributions paid to it pursuant to Article 4 (5) for purposes other than the purpose of the payment thereof. [This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 6 (Management of Operating Fund) |
| (1) | Each research institute or joint management organization shall separately establish an account for a fund necessary for the operation thereof (hereinafter referred to as "operating fund") and manage the operating fund out of contributions paid to it pursuant to Article 4. |
| (2) | Where a research institute or joint management organization intends to decrease capital of the operating fund, it shall obtain approval therefor from the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Each research institute or joint management organization shall prescribe the regulations concerning the management of the operating fund and obtain approval therefor from the Minister of Science and ICT. The same shall also apply where it alters the regulations. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 7 (Transfer of State Property without Compensation) |
| (1) | The transfer or lending of State property without compensation under Article 4 of the Act shall be governed by a contract for transfer without compensation or contract for lending without compensation between the head of a central government agency in charge of the relevant State property and a research institute or joint management organization. |
| (4) | Where a research institute or joint management organization has used State property lent to it without compensation pursuant to paragraph (1) for purposes other than the purpose of the lending thereof, the head of a central government agency in charge of State property may cancel the contract for such lending. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 8 (Application Mutatis Mutandis of the State Property Act) |
Except as otherwise provided for in this Decree, the provisions of the State Property Act shall apply mutatis mutandis to the transfer or lending of State property without compensation. [This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 9 (Submission of Business Plans) |
| (1) | Each research institute or joint management organization shall submit a business plan and draft budget for the following year to the Minister of Science and ICT and the head of a central administrative agency that pays contributions, respectively, by August 31 every year pursuant to Article 5 of the Act, as prescribed by the head of the central administrative agency that pays contributions. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Where a business plan and draft budget submitted pursuant to paragraph (1) are finalized, each research institute or joint management organization shall submit such business plan and draft budget to the Minister of Science and ICT and the head of a central administrative agency that pays contributions, respectively, as prescribed by the head of the central administrative agency that pays contributions. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 10 (Alteration of Business Plans) |
| (1) | Where a research institute or joint management organization has altered a business plan or draft budget it has submitted pursuant to Article 9, it shall report such alteration to the Minister of Science and ICT and the head of a central administrative agency that pays contributions. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Where the head of a central administrative agency that pays contributions deems that a business plan or draft budget under Article 9 or paragraph (1) is inappropriate, he/she may order a research institute or joint management organization to adjust such business plan or draft budget. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 10-2 (Submission of Research Plans and Research Reports) |
Each research institute shall submit a research plan under Article 5-2 (1) of the Act before each fiscal year begins and a research report by March 31 of the following year, respectively, as prescribed by the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 11 (Reporting of Actual Results of Execution of Business Plans) |
| (1) | Each research institute or joint management organization shall report the actual results of the execution of a quarterly business plan and a quarterly budget execution plan under Article 4 (4) to the Minister of Science and ICT and the head of a central administrative agency that has paid contributions within 20 days from the date the relevant quarter ends. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Each research institute or joint management organization shall submit a statement of revenue and expenditure of each fiscal year to the Minister of Science and ICT and the head of a central administrative agency that has paid contributions by March 31 of the following year, along with the following documents: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A statement of income and expenses and balance sheet of the relevant year; |
| 2. | A comparison table of a business plan of the relevant year with the actual results of the execution thereof; |
| 3. | A written opinion of a certified public accountant who has audited. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 12 (Title of Joint Management Organization) |
The title of a joint management organization shall be "specific research institute support headquarters".
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 13 (Functions of Joint Management Organization) |
The joint management organization shall conduct the following affairs:
| 1. | Establishment, management and operation of joint use facilities; |
| 2. | Cooperation in the affairs of research institutes; |
| 3. | Promotion of the welfare of employees of research institutes and the establishment, management and operation of welfare facilities. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 14 (Conclusion of Research Agreement) |
| (1) | The head of a central administrative agency that pays contributions shall enter into a research agreement under Article 8-3 of the Act with each research institute. |
| (2) | A research agreement referred to in paragraph (1) shall include the following: |
| 1. | Research assignments, the scope of and method for conducting research and the chief research officer; |
| 2. | Research expenses and the time and method of the payment thereof; |
| 3. | Reporting of research results and the utilization thereof; |
| 4. | Collection of technical fees following the utilization of research results; |
| 5. | Alteration and cancellation of the agreement; |
| 6. | Measures concerning the violation of the agreement; |
| 7. | Other matters accompanied by research and development. |
| (3) | In the case of paragraph (1), a research institute may jointly research some of the relevant research assignments with another research institute or another person, or entrust such research institute or person with the research of some of the relevant research assignments. |
| (4) | The head of a central administrative agency that pays contributions shall pay research expenses according to a research agreement in several installments: Provided, That where he/she deems necessary in consideration of the size of research assignments or timing to begin research, he/she may pay research institutes in a lump sum. |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 15 (Use of Research Expenses) |
| (1) | Each research institute shall use research expenses paid to it pursuant to Article 14 (4) only for the following purposes according to standards prescribed by the Minister of Science and ICT: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Personnel expenses for people engaged in research; |
| 2. | Expenses incurred in inviting overseas experts and education and training of researchers; |
| 3. | Expenses incurred in the purchase, lease, establishment and operation of research facilities (including research equipment and materials); |
| 4. | Expenses for purchasing materials; |
| 5. | Expenses for the introduction of technologies and expenses for technical information and activities; |
| 6. | Expenses for the establishment and operation of an overseas research institute; |
| 7. | Expenses for development and health; |
| 8. | Expenses incurred in developing assignments, technical guidance or conducting research. |
| (2) | Each research institute may convey the results of research to industrial circles, academic circles and other research institutes, or other institutions, organizations, etc. that need the results thereof. In such cases, where effects, such as the production of a new product, cost reduction, and quality improvement, have been obtained due to the use thereof, each research institute may collect technical fees from the users thereof according to the terms of an agreement under Article 14 (2) 4. |
| (3) | Each research institute may use technical fees it has collected pursuant to paragraph (2) for the following purposes: |
| 1. | Expenses for conducting research of the research institute; |
| 2. | Expenses for promoting the welfare of researchers; |
| 3. | Expenses for improving research efficiency of researchers (limited to persons who researched assignments in relation to which it has collected technical fees). |
[This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
| Article 16 (Provisions to Be Applied Mutatis Mutandis) |
Where any research institute or joint management organization receives contributions from the head of a public institution (limited to a public institution to which the Government has contributed at least 50 percent of its paid-in capital) under Article 4 of the Act on the Management of Public Institutions pursuant to related Acts and subordinate statutes, Articles 4 (3) through (5), 6, 9, 10, 10-2, 11, 14 and 15 shall apply mutatis mutandis thereto. [This Article Wholly Amended by Presidential Decree No. 23361, Dec. 13, 2011]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 7757, Aug. 22, 1975>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8070, Apr. 6, 1976>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8149, Jun. 7, 1976>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8496, Mar. 16, 1977>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 8764, Dec. 10, 1977>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 8975, Apr. 25, 1978>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 9838, Apr. 1, 1980>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 10146, Jan. 5, 1981>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 11080, Mar. 25, 1983>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 11701, May 29, 1985>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 12748, Jul. 4, 1989>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 12963, Mar. 31, 1990>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 12964, Mar. 31, 1990>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 13031, Jun. 28, 1990>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 13688, Jul. 2, 1992>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 13988, Oct. 6, 1993>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 15282, Feb. 22, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 15303, Mar. 11, 1997>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16197, Mar. 26, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17303, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
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.
ADDENDA <Presidential Decree No. 18969, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Articles 2 through 6 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. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 19784, Dec. 29, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
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. 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. 21461, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 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. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22815, Apr. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2011.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 22844, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 5, 2011.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23025, Jul. 14, 2011>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 23361, Dec. 13, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23993, Jul. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.