ENFORCEMENT DECREE OF THE ACT ON THE HONORABLE TREATMENT OF AND SUPPORT FOR PERSONS OF DISTINGUISHED SERVICE TO SCIENCE AND TECHNOLOGY
Presidential Decree No. 27679, Dec. 23, 2016
Amended by Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28799, Apr. 17, 2018
| Article 2 (Scope of Scientists and Engineers) |
| 1. | Persons who engage or have engaged in research and development and/or technological innovations in natural science, engineering, etc., and/or in the interdisciplinary fusion of fields related thereto (hereinafter referred to as "science and technology field"); |
| 2. | Persons who have obtained a degree in the field of science or technology, who conduct or have conducted research and development and/or technological innovations in the science and technology field; |
| 3. | Persons qualified as industrial engineer under subparagraph 1 of Article 9 of the National Technical Qualifications Act or qualified at least equivalent to industrial engineer, who conduct or have conducted research and development and/or technological innovations in the field of science and technology; |
| 4. | Persons recognized by the Minister of Science and ICT as conducting or having conducted activities corresponding to those of the persons under any of subparagraphs 1 through 3. |
| (2) | "Institutions prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Act means any of the following institutions: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | National or public research institutes; |
| 10. | Research institutes in the field of science and technology, among non-profit corporations established pursuant to the Civil Act or other statutes; |
| 11. | Other institutes recognized by the Minister of Science and ICT as conducting activities corresponding to those of the institutes prescribed in subparagraphs 1 through 10. |
| Article 3 (Formulation and Implementation of Support Plans and Implementation Plans) |
| (1) | The Minister of Science and ICT shall formulate guidelines for formulating plans for the honorable treatment of and support for persons of distinguished service to science and technology (hereinafter referred to as "support plan") under Article 5 (1) of the Act; and shall notify the heads of relevant central administrative agencies by not later than June 30 of the year prior to the year in which he/she begins implementing a support plan. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The heads of relevant central administrative agencies shall formulate a plan for the honorable treatment of and support for persons of distinguished service to science and technology in the relevant field based on the guidelines under paragraph (1); and shall submit such plan to the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | "Minor matters prescribed by Presidential Decree" in the proviso to Article 5 (3) of the Act means any of the following: <Amended by Presidential Decree No. 28799, Apr. 17, 2018> |
| 1. | Matters concerning the performance of detailed tasks of a support plan by field; or |
| 2. | Matters that do not gravely affect the basic direction-setting for a support plan, which satisfy the standards determined by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the "Presidential Advisory Council on Science and Technology"). |
| (4) | Where the Minister of Science and ICT formulates an annual implementation plan pursuant to Article 5 (4) of the Act (hereinafter referred to as "implementation plan"), he/she shall report an implementation plan for the relevant year and performance results for the previous year, to the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28799, Apr. 17, 2018> |
| (5) | Where the Minister of Science and ICT formulates or modifies a support plan or an implementation plan, he/she shall notify the heads of relevant central administrative agencies, heads of local governments, and heads of research institutes thereof. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT deems it necessary to formulate or modifies a support plan or an implementation plan; or to examine the performance results of an implementation plan, he/she may request the heads of relevant central administrative agencies, heads of local governments and heads of research institutes to submit relevant data. In such cases, persons requested to submit data shall cooperate therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 4 (Scope and Methods of Fact-Finding Surveys) |
| (1) | The scope of fact-finding surveys under Article 6 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as listed hereunder: |
| 1. | Current status of honorable treatment of and support for persons of distinguished service to science and technology; |
| 2. | Current status of participation in research and development and/or technological innovations by persons of distinguished service to science and technology; |
| 3. | Outcomes of research and development and/or technological innovations by persons of distinguished service to science and technology; |
| 4. | Current working environment, such as hiring, employment, promotion, wage, etc., of persons of distinguished service to science and technology; |
| 5. | Current working environment, such as welfare, education, training, etc., of persons of distinguished service to science and technology; |
| 6. | Current status of career paths, such as reemployment, etc., of persons of distinguished service to science and technology; |
| 7. | Other matters necessary for honorably treating and supporting persons of distinguished service to science and technology. |
| (2) | A fact-finding survey shall be conducted every five years, and may be conducted whenever necessary. |
| (3) | A fact-finding survey may be conducted through a field survey, literature search, or e-mail survey, etc. |
| Article 5 (Standards for Designation as Persons of Distinguished Service to Science and Technology) |
| (1) | Detailed standards for designation as persons of distinguished service to science and technology under Article 7 (1) of the Act shall be as listed hereunder: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Persons who have created economic value added or who have contributed to enhancing the competitiveness of the relevant industry by developing new technologies or by improving technologies; |
| 2. | Persons who have contributed to resolving social problems or improving the quality of people's lives by developing new technologies or by improving technologies; |
| 3. | Persons who have contributed to pioneering new research fields or to laying academic foundations for the relevant fields by making new discoveries or by identifying principles; |
| 4. | Persons who have achieved unique and breakthrough advances in the relevant science field, such as being awarded a world-class prize in science and technology; |
| 5. | Persons who have markedly contributed to developing the field of science and technology of strong public nature or which greatly serves public interests by conducting research, development and technological innovations for a long time; |
| 6. | Persons recognized by the Minister of Science and ICT as having made contributions to the development of science and technology comparable to those falling under any of the subparagraphs of 1 through 5 by developing science and technology policies, etc. |
| (3) | A person intending to apply for an examination to determine whether he/she qualifies for designation as a person of distinguished service to science and technology pursuant to Article 7 (2) of the Act or the head of a science and technology-related organization (hereinafter referred to as "applicant") shall submit an application (including an application in electronic form) for an examination to determine whether a candidate qualifies for designation as a person of distinguished service to science and technology under attached Form 1, accompanied by the following documents (including electronic documents), to the Minister of Science and ICT: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Documents to be submitted by all applicants: |
| (a) | One copy each of the summary of a report on distinguished service and a report on distinguished service; |
| (b) | Data evidencing distinguished service; |
| (c) | One copy of documents evidencing career experience, such as certificate of work experience, certificate of current employment; |
| (d) | One picture (3.5 cm by 4.5 cm) of a candidate for designation as a person of distinguished service to science and technology; |
| 2. | Documents to be submitted individually: |
| (a) | A family relation certificate (applicable only where a bereaved family member is the applicant); |
| (b) | An archived family relation certificate (applicable only where the relationship between the applicant and the candidate for designation as a person of distinguished service to science and technology is unverifiable by a family relation certificate); |
| (c) | A letter of recommendation as a person of distinguished service to science and technology (applicable only in cases in which the applicant is the head of a science and technology-related organization); |
| (d) | One certified copy of the resident registration card of a candidate for designation as a person of distinguished service to science and technology (applicable only where the applicant is the head of a science and technology-related organization). |
| (4) | Upon receipt of an application for an examination to determine whether a candidate qualifies for designation as a person of distinguished service to science and technology, the Minister of Science and ICT shall verify a certified copy of the resident registration card or a corporation registration certificate (limited to a corporation) of an applicant through datamatching administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not agree to verification by a certified copy of the resident registration card, the Minister of Science and ICT shall have the applicant attach a certified copy of the resident registration card to the application. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The Minister of Science and ICT may request an agency managing criminal records to verify the criminal history of a candidate for designation as a person of distinguished service to science and technology in order to verify whether he/she falls under paragraph (2). <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The Minister of Science and ICT shall, under attached Form 2, issue a certificate evidencing that the holder has provided distinguished service to science and technology (hereinafter referred to as "certificate evidencing that the holder has provided distinguished service to science and technology") and shall attach his/her card evidencing that the holder has provided distinguished service to science and technology as determined and publicly notified by the Minister of Science and ICT (hereinafter referred to as "card evidencing that the holder has provided distinguished service to science and technology") to be awarded to a person designated as a person of distinguished service to science and technology pursuant to Article 7 (1) of the Act. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 6 (Scope of Bereaved Family Members) |
| 1. | A spouse (including a person in a de facto marriage relationship); |
| 2. | Offspring or grand offspring; |
| 3. | Parents or grand parents; |
| Article 7 (Composition of Committee for Examining Qualifications of Applicants for Status of Persons of Distinguished Service to Science and Technology) |
| (1) | Where the Minister of Science and ICT establishes a committee for examining qualifications of applicants for the status of persons of distinguished service to science and technology (hereinafter referred to as "committee") under Article 8 (1) of the Act, he/she shall ensure that persons representing the industrial sphere, academia and research communities be included as members. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The term of office of members commissioned pursuant to Article 8 (4) of the Act shall be three years, and may be renewed only once. |
| (3) | The term of office of members newly commissioned following the resignation of another member, etc. shall be the remaining period of his/her predecessor's term of office. |
| (4) | The chairperson of the committee (hereinafter referred to as the "chairperson") shall represent the committee and exercise general supervision over its affairs. |
| (5) | Where the chairperson is unable to perform his/her duties due to any unavoidable reason, a member elected from among and by its members shall act on behalf of the chairperson. |
| (6) | The committee shall have an executive secretary to perform its affairs, who shall be appointed by the Minister of Science and ICT from among public officials of the Ministry of Science and ICT at the director-general level. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 8 (Termination of Commission Agreement with Members) |
Where a member of the committee falls under any of the following, the Minister of Science and ICT may terminate the commission agreement with him/her: <Amended by Presidential Decree No. 28210, Jul. 26, 2017>
| 1. | Where he/she is unable to perform his/her duties due to a mental or physical disorder; |
| 2. | Where he/she engages in misconduct with regard to his/her duties; |
| 3. | Where he/she is deemed unfit as a member due to neglect of duties, loss of dignity or other reasons; |
| 4. | Where he/she states that it is difficult for him/her to perform his/her duties; |
| 5. | Where a member does not recuse him/herself even though any of the subparagraphs of Article 9 (1) is applicable to him/her. |
| Article 9 (Exclusion and Evasion of and Challenge to Members) |
| (1) | Where a committee member falls under any of the following, he/she shall be excluded from the deliberation and decisions in the committee: |
| 1. | Where a committee member or his/her spouse or a person who was his/her spouse is a party (including an executive officer where the party is a corporation, an organization, etc.; hereafter in this subparagraph and subparagraph 2, the same shall apply) to the relevant case, or is a joint holder of a right or a joint obligator, together with a party to the case; |
| 2. | Where a committee member is or was a relative of a party to the relevant case; |
| 3. | Where a committee member has given testimony, made a statement, provided counsel, conducted research, provided service or made an appraisal with regard to the relevant case; |
| 4. | Where a committee member, or a corporation, an organization, etc. to which a committee member belongs is or was an agent of a party to the relevant case. |
| (2) | Where the circumstances indicate that it would be difficult to expect fair deliberation or decisions by a member, any party may file a request to challenge the member with the committee; and the committee shall reach a decision. In such case, the challenged committee member shall abstain from in the decision-making process. |
| (3) | Where a committee member falls under reasons for exclusion under the subparagraphs of paragraph (1), he/she shall voluntarily abstain from deliberation and decisions on the case in question, and where he/she falls under paragraph (2), he/she may recuse voluntarily abstain from deliberation and decisions. |
| Article 10 (Operation of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the committee in the following cases: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Where the Minister of Science and ICT requests deliberation on designation standards for persons of distinguished service to science and technology and on the methods of examination; |
| 2. | Where the Minister of Science and ICT requests deliberation on whether to designate a person as a person of distinguished service to science and technology; and on the cancellation of such designation; |
| 3. | Where deemed necessary by the chairperson. |
| (2) | Where the chairperson intends to convene meetings of the committee pursuant to paragraph (1), he/she shall notify each member of the time, date and place of the meeting and agenda items for deliberation by not later than seven days before the meeting is held: Provided, That where a meeting needs to be convened urgently or any unavoidable reason exists, he/she may make notification by the day prior to the day set for the meeting. |
| (3) | Two?thirds of the members of the committee shall constitute a quorum, and any determination thereby shall require the concurring vote of a majority of those present. |
| (4) | Where the committee deems necessary for deliberation on matters under the subparagraphs of Article 8 (2) of the Act, it may request the applicant or the heads of research institutes, etc. to submit relevant data or to supplement or add evidence to data already submitted. In such cases, a person requested to submit data, etc. shall cooperate therewith, except in extenuating circumstances. |
| (5) | The committee may hear the opinions of relevant specialists, agencies, organizations, etc., if necessary. |
| (6) | In addition to those prescribed in paragraphs (1) through (5), matters necessary for the operation of the committee shall be determined by the chairperson by a resolution of the committee. |
| Article 11 (Composition and Operation of Specialized Committees) |
| (1) | For specialized pre-examination of matters to be deliberated under Article 8 (2) of the Act, the committee may have specialized committees by field (hereinafter referred to as "specialized committee"). |
| (2) | Each specialized committee shall consist of not more than 30 members in due consideration of gender, and the chairperson of a specialized committee (hereinafter referred to as "chairperson of a specialized committee") shall be elected by and among members of each specialized committee. |
| (3) | Meetings of a specialized committee shall be convened when the chairperson or the chairperson of a specialized committee deems it necessary. |
| (4) | A majority of the members of a specialized committee shall constitute a quorum, and any determination thereby shall require the concurring vote of at least a majority of those present. |
| (5) | When the chairperson requests the chairperson of a specialized committee to attend a meeting, he/she may attend a meeting of the committee and make a statement, and may submit his/her written opinion to the committee, if necessary. |
| (6) | Articles 7 (4) and (5), 8, 9, 10 (2), (4), and (5) shall apply mutatis mutandis to the composition and operation of specialized committees. In such case, "committee" shall be construed as "specialized committee;" "chairperson" as "chairperson of a specialized committee;" and "Minister of Science and ICT" as "chairperson,"respectively. |
| (7) | In addition to those prescribed in paragraphs (1) through (6), matters necessary for operating specialized committees shall be determined by the chairperson by a resolution of the committee. |
| Article 12 (Cancellation of Designation as Persons of Distinguished Service to Science and Technology) |
| (1) | The Minister of Science and ICT shall determine whether to cancel the designation within 20 days after the date cancellation of designation as a person of distinguished service to science and technology is deliberated upon, as prescribed in Article 9 (1) of the Act, and notify the relevant person of the results thereof. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT intends to cancel designation as a person of distinguished service to science and technology pursuant to Article 9 (1) of the Act, he/she may request an agency managing criminal records to verify his/her criminal history. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | A person whose designation as a person of distinguished service to science and technology is cancelled pursuant to Article 9 (1) of the Act shall immediately return a certificate evidencing distinguished service to science and technology and his/her card evidencing distinguished service to science and technology. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 13 (Honorable Treatment of Persons of Distinguished Service to Science and Technology) |
| (1) | "Welfare facilities, etc. prescribed by Presidential Decree" in subparagraph 3 of Article 10 of the Act means living facilities, business facilities, sports and cultural facilities established and operated by the State or local governments, or established and operated with subsidies from the State or local governments. |
| (2) | Where a person of distinguished service to science and technology uses a facility, etc. under paragraph (1), he/she shall present a card evidencing that the holder has provided distinguished service to science and technology to the manager of the facility, etc. |
| (3) | "Matters prescribed by Presidential Decree" in subparagraph 7 of Article 10 of the Act means the following: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Issuing a certificate evidencing the holder provided distinguished service to science and technology; |
| 2. | Subsidizing expenses necessary for the production of a Korean flag to drape a coffin at a funeral and for the production of a tombstone if a person of distinguished service to science and technology passes away; |
| 3. | Other matters the Minister of Science and ICT deems necessary for honorably treating persons of distinguished service to science and technology. |
| Article 14 (Establishment and Operation of Hall of Fame) |
| (1) | The Minister of Science and ICT shall prepare an exclusive space in an appropriate location to commemorate and preserve the achievements of persons of distinguished service to science and technology; and shall establish a science and engineering hall of fame under Article 11 (1) of the Act (hereinafter referred to as "hall of fame"), and may establish and operate a cyber hall of fame in parallel with the hall of fame. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | In order to honor the achievements of persons of distinguished service to science and technology, persons of distinguished service to science and technology may be inducted into the hall of fame; and following matters may be displayed in the hall of fame: |
| 1. | Photographs or busts of persons of distinguished service to science and technology, personal information thereon, details of distinguished service; |
| 2. | All other data that assist people in understanding the achievements of persons of distinguished service to science and technology. |
| (3) | With regard to a person whose designation as a person of distinguished service to science and technology has been cancelled pursuant to Article 9 of the Act, the Minister of Science and ICT shall withdraw his/her induction into the hall of fame. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 15 (Granting Opportunities to Persons of Distinguished Service to Science and Technology) |
| (1) | "Social activities of persons of distinguished service to science and technology prescribed by Presidential Decree" in Article 12 (1) 7 of the Act means the following activities: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Academic exchanges between persons of distinguished service to science and technology and young scientists and engineers; |
| 2. | International exchange and cooperation in the field of science and technology; |
| 3. | Other social activities that the Minister of Science and ICT deems necessary for providing support to scientists and engineers. |
| (2) | A person seeking support under Article 12 (1) of the Act shall submit a written social activity plan to the Minister of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may examine whether the plan under paragraph (1) corresponds to social activities under the subparagraphs of Article 12 (1) of the Act and fully or partially subsidize expenses necessary for the activities, within budgetary limits. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 16 (Entrustment of Duties) |
| (1) | Pursuant to Article 14 (1) of the Act, the Minister of Science and ICT may entrust duties regarding the following activities to science and technology-related institutions and organizations: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 3. | Investigating and verifying facts for designation of a person as a person of distinguished service to science and technology and notification of designation under Article 8 (1) of the Act; and receiving applications for an examination of designation under paragraph (2) of the same Article; |
| 4. | Supporting the committee to examine the qualifications of applicants for the status of persons of distinguished service to science and technology under Article 8 (1) of the Act and support for specialized committees under Article 11 of this Decree; |
| 5. | According honorable treatment to persons of distinguished service to science and technology under subparagraphs 1 through 5 of Article 10 of the Act; |
| 7. | Supporting persons of distinguished service to science and technology in performing social activities under subparagraphs 1 through 6 of Article 12 (1) of the Act; |
| 8. | Issuing a certificate evidencing the holder provided distinguished service to science and technology and a card evidencing the holder provided distinguished service to science and technology, and retrieval thereof under Article 12 (3); |
| 9. | Subsidizing expenses needed for the production of a Korean flag to drape a coffin and for the production of a tombstone under Article 13 (3) 2; |
| 10. | Subsidizing academic exchanges between persons of distinguished service to science and technology and rising scientists and engineers under Article 15 (1) 1; |
| 11. | Supporting international exchanges and cooperation in the science and technology field under Article 15 (1) 2; |
| 12. | Accepting a written social activity plan under Article 15 (2). |
| (2) | Pursuant to paragraph (1), the following persons shall be eligible to be entrusted with duties: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 3. | Other science and technology-related institutions or organizations designated by the Minister of Science and ICT. |
| (3) | The heads of institutions or organizations intending to be entrusted with duties pursuant to paragraph (2) shall submit a promotion plan for entrusted projects providing for the following matters to the Minister of Science and ICT. The same shall also apply to amending a promotion plan after being entrusted therewith: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Details of entrusted projects and of unit projects thereof; |
| 2. | Procedures for promoting unit projects and schedule; |
| 3. | Expenses of unit projects and management methods thereof; |
| 4. | Other matters accompanying unit projects. |
| (4) | Where the Minister of Science and ICT entrusts duties pursuant to Article 14 (1) of the Act, he/she shall publicly notify the institutions entrusted therewith and the details of entrusted duties, in the Official Gazette. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT deems it necessary for efficiently promoting entrusted duties, he/she may request the heads of entrusted institutions or organizations to supplement or amend the promotion plan for entrusted projects under paragraph (3). In such case, the heads of institutions or organizations requested shall comply therewith, except in extenuating circumstances. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | The institutions or organizations entrusted with duties pursuant to Article 14 (1) of the Act shall report the results of processing entrusted duties to the Minister of Science and ICT within one month from the end of the relevant project period. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 17 (Processing of Sensitive Information and Personally Identifiable Information) |
Where essential for performing the following duties, the Minister of Science and ICT (including persons entrusted with the duties of the Minister of Science and ICT pursuant to Article 16) may process information corresponding to a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers under subparagraph 1 of Article 19 of the same Decree: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Duties concerning examination of a person to determine whether he/she qualifies for the status of a person of distinguished service to science and technology and concerning designation under Article 7 of the Act; |
| 2. | Duties concerning cancellation of designation as a person of distinguished service to science and technology under Article 9 of the Act. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Exceptions to Formulation of Support Plans)
Notwithstanding Article 3 (1), the Minister of Science and ICT shall notify the heads of relevant central administrative agencies of guidelines for formulating support plans commencing in 2017 by not later than December 31, 2016.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Articles 2 through 7 Omitted.