ENFORCEMENT DECREE OF THE COOPERATIVE RESEARCH AND DEVELOPMENT PROMOTION ACT
Presidential Decree No. 20678, Feb. 29, 2008
Amended by Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 26508, Sep. 8, 2015
Presidential Decree No. 28210, Jul. 26, 2017
| Article 1-2 (Criteria of Science and Technology Cooperatives) |
| 1. | A cooperative shall secure the research manpower falling under the criteria of attached Table as a cooperative member or an employee of the cooperative under subparagraph 1 of Article 2 of the Framework Act on Cooperatives (hereinafter referred to as “cooperative”). In such cases, where any of the cooperative members is a corporation, the cooperative shall be deemed secured one researcher, if the relevant corporation has secured at least two researchers falling under the criteria of attached Table: |
| (a) | Where cooperative members are under ten: At least two researchers; |
| (b) | Where cooperative members are ten or more: At least five researchers; |
| 2. | A cooperative shall prepare independent spaces for implementation of research and development activities; |
| 3. | A cooperative shall prepare machineries, instruments, devices, and materials which research manpower may use in research and development activities. |
[This Article Newly Inserted by Presidential Decree No. 26508, Sep. 8, 2015]
| Article 2 (Formulation of Basic Policies) |
A basic policy and plan to promote cooperative research and development referred to in Article 4 (2) of the Act shall include the following matters: | 1. | A plan for subsidizing cooperative research and development expenses; |
| 2. | A plan jointly using research and development resources, including human resources, information or facilities for research and development; |
| 3. | A plan for supporting and fostering organization supporting cooperative research and development under Article 12 of the Act; |
| 4. | Other important matters for promoting cooperative research and development. |
| Article 3 (Subsidizing Research and Development Expenses) |
“Special reasons prescribed by Presidential Decree” under Article 5 (1) of the Act means cases where it is deemed that it is difficult to achieve the efficiency of cooperative research and development, since the research purpose of the requested cooperative research and development project is similar to that of a single research and development project requested individually by universities, enterprises or research institutes, and the system or method of the cooperative research development project is considerably weak compared with that of the single research and development project.
| Article 4 (Dispatch of Research and Development Personnel) |
| (1) | The universities or research institutes where dispatch was requested under Article 6 (1) and (2) of the Act shall determine whether they accept dispatch within 30 days from the day when the request was received, and without delay shall notify it to a person and an organization that have made such request. Provided, That in cases where dispatch is impracticable, they shall notify it in a written document clearly stating the reasons thereof. |
| (2) | The period of assignment and technical consultation of researchers under Article 6 (1) and (2) of the Act shall be prescribed by considering cooperative research and development period and the period for industrializing techniques developed by researchers, etc., and an agreement among the relevant researchers, the head of an affiliated organization and the head of an organization that accepts the assignment shall apply to the method of assignment and technical consultation. |
| (3) | In a period the researchers need in order to establish and operate the venture company under Article 6 (3) of the Act, a leave of absence shall not last more than three years, and, if there is a request of the relevant researcher, it may be extended within the necessary extent: Provided, That the date when a venture company is established shall not elapse more than one year after the first day of the leave of absence. |
| (4) | Where researchers are reinstated after their leave of absence under paragraph (3), the head of the relevant affiliated organization shall not disadvantage those researchers in terms of their status due to the leave of absence. |
| (5) | Where the period of assignment under paragraph (2) or the leave of absence under paragraph (3) is over one year, the head of the relevant affiliated organization may supplement other human resources for research and development corresponding to the said researchers: Provided, That the period of the supplementation shall not exceed the assignment period or leave of absence of the said researchers. |
| Article 5 (Payment of Basic Salaries and Allowances for Assignment and Concurrent Offices) |
| (1) | Pursuant to Article 6 (1) of the Act, a basic salary and allowance for researchers assigned to specific research institutions under Article 2 of the Support of Specific Research Institutions Act, the Korea Institute of Industrial Technology under Article 8 (1) and subparagraph 7 of attached Table of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, research institutes to which the State, local governments or public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) gives a contribution, formed as juristic persons in the fields of science and technology established in accordance with the Civil Act or other statutes (hereinafter referred to as “government-invested research institutions”), and the research institutions of the State, local governments, and public institutions shall be paid by an organization that accepts the assignment, except in extenuating circumstances, and a total amount of the basic salary and allowance (hereinafter referred to as “remuneration”) shall not be less than that paid by the original affiliated organization. <Amended by Presidential Decree No. 26508, Sep. 8, 2015> |
| (2) | During the leave of absence of the researchers belonging to a government-invested research institution pursuant to Article 4 (3), their salaries shall not be paid. |
| (3) | Where the researchers belonging to a government-invested research institution concurrently hold offices pursuant to Article 6 (4) of the Act, a basic salary and allowance for persons holding concurrent offices and various allowances, except those inappropriate to be paid due to the concurrent offices, shall be paid by a main organization, and the concurrent organization may pay concurrent allowances by considering distinct characteristics of affairs and the remuneration level of the main organization. |
| Article 6 (Sharing Research and Development Information) |
| (1) | Universities and research institutes financially supported by the State, local governments, or public institutions (hereinafter referred to as “universities and research institutes”) shall, in order to allow other organizations to obtain access to the information available at such universities and research institutes pursuant to Article 7 (1) of the Act, decide on matters related to the list of research and development information, and methods of use, procedures for use, and fees thereof, etc., and shall, without delay, send them to the organizations publicly announced under paragraph (2). The same shall apply to revision to such matters. <Amended by Presidential Decree No. 26508, Sep. 8, 2015> |
| (2) | Organizations that encourage or support efforts to share research and development information pursuant to Article 7 (2) of the Act shall be determined by the Minister of Science and ICT after consultation with the head of the relevant central administrative agency, and shall be publicly announced thereof. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 7 (Promoting Joint Use of Research and Development Facilities) |
Universities and research institutes shall, in order to allow other organizations to get access to research and development facilities or equipment available at such universities and research institutes under Article 8 (1) of the Act, decide on matters related to the list of research and development facilities or equipment, and usage, method of use and fees thereof, etc., and shall, without delay, send them to an organizations publicly announced under Article 6 (2). The same shall apply to revision to such matters.
| Article 8 (Appointment of Joint Academic Advisors) |
Matters necessary for standards, procedures, guiding methods and credit grant, etc. of the appointment of a joint academic advisor under Article 9 (4) of the Act shall be prescribed by the regulations of the relevant universities.
| Article 9 (Measures in Preparation for Failing to Preferentially Implement Projects Commissioned by Enterprises) |
Where universities and research institutes fail to preferentially implement research and development projects participated by researchers of enterprises under Article 10 of the Act, they shall notify it to the relevant enterprises in a written document clearly stating the reasons thereof, within 30 days from the date when consignment is requested.
| Article 10 (Requirements for International Cooperative Research and Development Projects) |
| 1. | Domestic universities, enterprises or research institutes are required to jointly pay the research and development expenses with foreign organizations related to research and development; |
| 2. | Domestic and foreign researchers are required to conduct research and development in the same place or by dividing their roles. |
| Article 11 (Affairs and Designation of Support Organizations) |
| (1) | Affairs of an organization supporting cooperative research and development pursuant to Article 12 (1) of the Act (hereinafter referred to as “support organization”) shall be as follows: <Amended by Presidential Decree No. 26508, Sep. 8, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Supporting joint use of resources for cooperative research and development, including human resources and facilities for research and development; |
| 2. | Planning, discovery, intermediation, and brokerage of cooperative research and development projects; |
| 3. | Intermediation and brokerage of an organization participating in cooperative research and development; |
| 4. | Promoting use and industrialization of the outcomes of cooperative research and development; |
| 5. | Other affairs commissioned by the Minister of Science and ICT or the head of the central administrative agency governing the cooperative research development subject (hereafter referred to as “competent head of governing central administrative agency” in this Article), or affairs necessary for promoting cooperative research and development. |
| (2) | When designating a support organization pursuant to Article 12 (1) of the Act, the Minister of Science and ICT or the head of the central administrative agency governing the relevant cooperative research and development subject shall, in advance, consult with the relevant central administrative agency. <Amended by Presidential Decree No. 26508, Sep. 8, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Any person who seeks designation as a support organization pursuant to Article 12 (2) of the Act shall apply to the Minister of Science and ICT, or the head of the competent central administrative agency after fulfilling all of the following requirements for designation: <Newly Inserted by Presidential Decree No. 26508, Sep. 8, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | He or she shall be any of the following organizations, or corporations or entities: |
| 2. | He or she shall prepare all of the following facilities or manpower, etc.: |
| (a) | Equipments and facilities necessary for implementation of affairs of a support organization; |
| (b) | System, such as organization, institution, and manpower, which may conduct the affairs of a support organization; |
| 3. | He or she shall have plans or operational regulations concerning support of cooperative research and development and operation of a support organization; |
| 4. | He or she shall prepare other matters which the Minister of Science and ICT, or the head of the competent central administrative agency announces, determined to be necessary for support of cooperative research and development. |
| (4) | The Minister of Science and ICT, or the head of the competent central administrative agency shall notify the relevant central administrative agency thereof, where he or she revoke the designation of a support organization or order the suspension of the affairs pursuant to Article 12 (3) of the Act. <Newly Inserted by Presidential Decree No. 26508, Sep. 8, 2015; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The head of a support organization shall submit the outcomes of the preceeding year and the plans and status for the relevant year related to the affairs falling under the subparagraphs of paragraph (1), to the relevant Minister in charge, by no later than January 31 each year. <Amended by Presidential Decree No. 26508, Sep. 8, 2015> |
| Article 12 (Period of Suspending Costs or Research and Development Expenses) |
The period of suspending or reducing the operation costs or the subsidization of research and development expenses of the universities, enterprises, and research institutes violating the Act by the State, local governments, or public organizations pursuant to Article 15 (3) of the Act, shall not exceed three years. <Amended by Presidential Decree No. 26508, Sep. 8, 2015>
ADDENDUM
This Decree shall enter into force on April 1, 1994.
ADDENDA <Presidential Decree No. 17104, Jan. 4, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation, and shall be applied on January 1, 2001.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
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. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 26508, Sep. 8, 2015>
This Decree shall enter into force on September 12, 2015.
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.