ENFORCEMENT DECREE OF THE BASIC RESEARCH PROMOTION AND TECHNOLOGY DEVELOPMENT SUPPORT ACT
Wholly Amended by Presidential Decree No. 22977, jun. 24, 2011
Amended by Presidential Decree No. 23527, Jan. 25, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 24123, Sep. 28, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 25016, Dec. 24, 2013
Presidential Decree No. 25495, Jul. 21, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26137, Mar. 11, 2015
Presidential Decree No. 26356, jun. 30, 2015
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28289, Sep. 15, 2017
Presidential Decree No. 28799, Apr. 17, 2018
Presidential Decree No. 29223, Oct. 16, 2018
The terms used in this Decree shall be defined as follows: <Amended by Presidential Decree No. 23644, Feb. 29, 2012; Presidential Decree No. 27506, Sep. 22, 2016>
| 1. | The term “research professor” means a person qualified as a university faculty member under Article 2 of the Regulations on the Criteria for Qualification for University Faculty Members and engaged in research as an employee of a university-annexed research institute for a specified period; |
| 2. | The term “visiting professor” means a person qualified as a university faculty member under Article 2 of the Regulations on the Criteria for Qualification for University Faculty Members and invited by a university as an adjunct professor or invited professor to teach and guide students or conduct research; |
| 3. | The term “post-doctoral researcher” means a person who holds a doctoral degree and is engaged in research as a full-time researcher employed by a domestic or foreign specialized institution for a specified period to be trained to improve skills for creative research; |
| 4. | The term “research leave program” means a program that allows a person qualified as a university faculty member under Article 2 of the Regulations on the Criteria for Qualification for University Faculty Members to solely focus on research as a paid employee for a specified period under Article 15 (2) of the Higher Education Act; |
| 5. | The term “research and development activity” means a systematic and creative activity, for which accumulated creative knowledge is utilized to amass knowledge in science and technology or in knowledge-based services specified in attached Table 1 or to find a new application method thereof, and refers to the whole process before commercialization, which goes from designing, producing, and testing prototypes to develop a new product or process to developing a new service or service delivery system; |
| 6. | The term “research facility” means independent research space exclusively used for research and development activities and apparatuses, materials, and any ancillary facility directly used for research and development activities; |
| 7. | The term “researcher solely responsible for research” means a person only performing research tasks related to research and development activities and assuming no other tasks; |
| 8. | The term “research assistant” means a person assisting with research tasks including tests, inspection, and measurement, as directed by a researcher solely responsible for research, and assuming no other tasks; |
| 9. | The term “research management employee” means a person performing research management tasks including research administration, research support, etc. and assuming no other tasks. |
| Article 3 (Formulation of Comprehensive Plans) |
| (1) | When the Minister of Science and ICT intends to formulate a comprehensive plan to promote basic research (hereinafter referred to as “comprehensive plan”) pursuant to Article 5 of the Basic Research Promotion and Technology Development Support Act (hereinafter referred to as the “Act”), he/she shall refer the plan to the Presidential Advisory Council on Science and Technology established under the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the “Presidential Advisory Council on Science and Technology”) for deliberation. The same shall also apply to revisions of comprehensive plans. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28799, Apr. 17, 2018> |
| (2) | A comprehensive plan shall be developed every five years, and when the Minister of Science and ICT formulates or revises a comprehensive plan, he/she shall publicly announce the details thereof. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | When the Minister of Science and ICT intends to formulate a comprehensive plan, he/she shall determine such matters as the guidelines for the formulation of a comprehensive plan, etc. and notify them to the head of each related central administrative agency. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT may request the head of each related central administrative agency to propose the matters to be included in a comprehensive plan and to submit necessary materials. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 4 (Formulation and Execution of Implementation Plans) |
| (1) | An implementation plan under Article 5 (3) of the Act (hereinafter referred to as “implementation plan”) shall include the following: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Direction for the implementation of projects for the pertinent year; |
| 2. | A detailed business plan for each major project; |
| 3. | An investment plan for each major project; |
| 4. | Measures to be taken by each government ministry or agency under the following classifications: |
| (a) | The Ministry of Education: |
| (i) | Financing basic operations of laboratories in universities, and formulating systems therefor; |
| (ii) | Increasing research funds for universities, such as grants for academic research, etc.; |
| (iii) | Formulating policies for implementing research faculty programs, research leave programs, visiting faculty programs, and visiting research fellowship programs; |
| (iv) | Training excellent research personnel in universities; |
| (v) | Supporting the development of university-annexed research institutes and the construction of infrastructure for research; |
| (b) | The Ministry of Science and ICT: |
| (i) | Developing systems for the efficient implementation of basic research projects and increasing financial resources therefor; |
| (ii) | Securing financial resources and introducing systems for expanding research facilities; |
| (iii) | Developing systems for cooperation among academia, industry and research institutes and the promotion of international exchange; |
| (iv) | Supporting the nurturing of excellent research groups, creation of an environment conducive to research, and construction of infrastructure for research; |
| (v) | Expanding instruments, apparatus, materials for research, and developing systems to promote basic research; |
| (vi) | Operating large research facilities, such as synchrotron radiation accelerators and equipment for research on nuclear fusion, and supporting the joint use of such facilities; |
| (vii) | Encouraging and supporting national and public research institutes in basic research activities; |
| (viii) | Training and utilizing research personnel in science and technology and improving their working conditions; |
| (c) | The Ministry of National Defense: |
| (i) | Promoting basic research relating to the defense industry; |
| (ii) | Training excellent human resources, and providing support therefor to the extent prescribed by statutes and regulations relevant to military service of the graduates from a master or doctoral degree and military affairs; |
| (iii) | Encouraging and supporting the basic research activities of national and public research institutes relating to national defense; |
| (d) | The Ministry of the Interior and Safety: |
| (i) | Promoting basic research relating to the disaster prevention industry and safety from disasters; |
| (ii) | Encouraging and supporting the basic research activities of national and public research institutes relating to the disaster prevention industry and safety from disasters. |
| (2) | The head of each related central administrative agency shall formulate an implementation plan by the end of February each year and shall notify the plan to the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The head of each related central administrative agency shall notify the Minister of Science and ICT of the performance of the implementation plan by the end of February of the following year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The Minister of Science and ICT shall compile the implementation plans and performance thereof as notified pursuant to paragraphs (2) and (3) and shall report them to the Presidential Advisory Council on Science and Technology. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28799, Apr. 17, 2018> |
| Article 5 (Implementation of Basic Research Projects) |
| (1) | The head of a related central administrative agency shall specify and implement basic research projects under Article 6 of the Act as separate unit projects. |
| (2) | When the head of a related central administrative agency implements a basic research project, he/she may prepare administrative support measures to give preferential assistance to universities and university professors. |
| (3) | The Minister of Science and ICT shall establish guidelines for the calculation of costs and expenses incurred in basic research when implementing a basic research project. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 6 (Entrustment of Basic Research Projects) |
| (1) | When entrusting a basic research project pursuant to Article 6 (1) of the Act, the following matters shall be determined: |
| 1. | Details and scope of the entrusted project; |
| 2. | Duration of the entrusted project; |
| 3. | Cost of the entrusted project and method of payment thereof; |
| 4. | Unit projects under the entrusted project; |
| 5. | Reporting of the performance of the entrusted project; |
| 6. | Other matters incidental to entrustment. |
| (2) | The head of an institution entrusted with a basic research project shall submit a plan for executing the entrusted project (hereinafter referred to as “execution plan”), including the following information, to the head of the related central administrative agency for approval. The same shall also apply to revisions to the execution plan: |
| 1. | Details of the entrusted project and each unit project; |
| 2. | Procedures and timetable for the execution of each unit project; |
| 3. | Cost of each unit project and management method; |
| 4. | Other matters incidental to unit projects. |
| (3) | If the head of a related central administrative agency deems it necessary to ensure more efficient promotion of basic research, he/she may request the head of the relevant entrusted institution to supplement or revise the execution plan already approved pursuant to paragraph (2). |
| Article 7 (Details of Agreement) |
| 1. | Title and scope of a research task, method of research, and name of a chief researcher; |
| 2. | Research funds and timing and method for the payment thereof; |
| 3. | Reporting of research outcomes; |
| 4. | Use and management of research and development expenses; |
| 5. | Modification and cancellation of an agreement; |
| 6. | Countermeasures against breach of an agreement; |
| 7. | Other matters incidental to research. |
| Article 8 (Institutions Specializing in Planning and Management) |
| (1) | If the Minister of Science and ICT deems it necessary for the efficient implementation of a basic research project under Article 6 of the Act or a specific research and development project under Article 14 of the Act (hereinafter referred to as “specific research and development project”), he/she may designate an institution specializing in the planning and management of specific research and development projects (hereinafter referred to as “specialized institution”). <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Further details necessary for the designation of a specialized institution under paragraph (1) and performance of its duties shall be determined by the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 9 (Training of Research Personnel) |
| (1) | In order to train basic research personnel, the Government may grant research scholarships or research subsidies to students majoring in relevant fields of research. |
| (2) | The head of an institution or organization under any subparagraph of Article 14 (1) of the Act or the head of a relevant business shall actively support affiliated researchers involved in basic research in enrolling in a master or doctoral degree course at a graduate school so that they can enhance their competence. |
| (3) | Training of basic research personnel shall be centered on graduate schools, and the Minister of Education may separately control the quotas for the master or doctoral degree courses under paragraph (2). <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 10 (Increase of Research Personnel) |
| (1) | In order to secure researchers necessary for basic research projects, a university may employ post-doctoral researchers, research professors, or visiting professors under an agreement for a limited term, as determined by the Minister of Education. In such cases, remunerations therefor shall be paid from the budget for the relevant research project. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (2) | A university may implement a research assistant program under which students enrolled in a master or doctoral degree course at a graduate school may be utilized as researchers. In such cases, remunerations therefor shall be paid from the budget for the relevant research project. |
| Article 11 (Creation of Conditions Appropriate for Research) |
| (1) | In order to improve professors’ basic research capabilities, a university may employ research professors for research institutes annexed to the university and implement a research leave program or overseas training program where they can take time to focus their energies on research in the Republic of Korea or overseas. |
| (2) | In order to improve the quality of basic research, a university may dispatch professors (including assistants) to a related research institute or industry to have them assist the research institute or industry or concurrently work for the research institute or industry. |
| Article 12 (Management of Korea Academy of Science and Technology and Execution of its Business Affairs) |
| (1) | The Korea Academy of Science and Technology under Article 9 (1) of the Act (hereinafter referred to as the “Korea Academy of Science and Technology”) shall have the following persons as its executives: |
| 1. | Up to 15 directors, including one president; |
| (2) | The Korea Academy of Science and Technology shall be comprised of its members. |
| (3) | The president shall represent the Korea Academy of Science and Technology and exercise overall control over its business. |
| (4) | The Korea Academy of Science and Technology shall have a general assembly of members to deliberate and resolve on important issues. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the organization and management of the Korea Academy of Science and Technology shall be governed by its articles of association. |
| Article 13 (Support for Activities of Academic Organizations) |
Pursuant to Article 11 of the Act, the Government may grant subsidies to help manage academic societies and organizations, host academic conferences, publish academic journals, and perform other activities of academic societies and organizations.
| Article 14 (Projects for Supporting International Joint Research) |
“Projects specified by Presidential Decree” in Article 12 of the Act means the following projects implemented jointly with a foreign government or international organization or any other foreign organization: | 1. | Mutual utilization of research facilities; |
| 2. | Exchange of research personnel; |
| 3. | Exchange of academic information; |
| 4. | Other activities for international joint research. |
| Article 15 (Support from Public Institutions) |
| (1) | When the Minister of Strategy and Finance formulates guidelines for the management of public institutions pursuant to Article 50 of the Act on the Management of Public Institutions, the Minister of Science and ICT may request the Minister of Strategy and Finance to encourage the public institutions governed by the aforesaid Act to invest in basic research. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the head of a public institution, via the head of a competent government ministry or agency, to submit a business plan and budget for the development of technologies necessary for the achievement of the institution’s objectives. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 16 (Standards for Institutions Participating in Specific Research and Development Projects) |
| (1) | “Nonprofit corporation that meets the standards prescribed by Presidential Decree for research personnel and facilities” in Article 14 (1) 5 of the Act means a nonprofit corporation that has research facilities and at least three researchers solely responsible for research, who hold at least a bachelor’s degree and have at least three years of work experience in research. <Amended by Presidential Decree No. 27506, Sep. 22, 2016> |
| (2) | “Medical corporation that meets the standards prescribed by Presidential Decree for research personnel and facilities” in Article 14 (1) 6 of the Act means a medical corporation that has research facilities and at least two regular medical personnel with work experience of at least three years in research on technology for health and medical services and at least three researchers solely responsible for research with at least three years of work experience in research on technology for health and medical services. <Amended by Presidential Decree No. 27506, Sep. 22, 2016> |
| (4) | “Domestic or foreign research institute or organization, which meets the standards prescribed by Presidential Decree for research personnel and facilities” in Article 14 (1) 7 of the Act means a research institute or organization recognized as such by the Minister of Science and ICT for having research facilities and at least five researchers solely responsible for research, who hold at least a bachelor degree in a relevant field and have at least three years of work experience in research. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017> |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), qualifications as researchers solely responsible for research that an institution participating in a specific research and development project is required to secure shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 16-2 (Criteria for Recognizing Business-Affiliated Research Institutes or Departments Solely Responsible for Research and Development) |
| (1) | “Research institute affiliated with an enterprise ... which meets the requirements for research personnel, facilities, etc. prescribed by Presidential Decree” in Article 14-2 (1) of the Act means a research institute having researchers solely responsible for research as classified below and research facilities meeting the requirements prescribed by Ordinance of the Ministry of Science and ICT. In such cases, the Minister of Science and ICT may adjust the required number of researchers solely responsible for research, if he/she deems it necessary in light of the characteristics of the research tasks or the size of the relevant enterprise: <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| 2. | Business-affiliated research institutes located overseas: At least five persons; |
| 3. | Business-affiliated research institutes, established by small and medium research-and-development-purpose enterprises established by researchers of science and technology research institutes specified by Ordinance of the Ministry of Science and ICT, or faculty members of universities; and business-affiliated research institutes established by venture businesses defined in Article 2 of the Act on Special Measures for the Promotion of Venture Businesses: At least two persons, notwithstanding subparagraph 1; |
| 4. | Business-affiliated research institutes, established by middle-standing enterprises defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises, which have recorded an average revenue of less than 500 billion won over the immediately preceding three business years (where they are in the business for a year, it shall be the revenue for that year; where they are in the business for two years, average revenue for the two business years; and where they are in the business for less than a year, an annually converted revenue): At least seven persons; |
| 5. | Other business-affiliated research institutes: At least ten persons. |
| (2) | “Research and development department in an enterprise, which meets the requirements for research personnel, facilities, etc. prescribed by Presidential Decree” in Article 14-2 (1) of the Act means a research and development department in an enterprise which has at least one researcher solely responsible for research, working for such department, and has research facilities meeting the requirements prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Except as otherwise expressly provided for in paragraphs (1) and (2), qualifications required for researchers solely responsible for research that should be hired by business-affiliated research institutes and research and development departments in enterprises shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27506, Sep. 22, 2016]
| Article 16-3 (Selection of Excellent Corporate Research Institutes) |
The Minister of Science and ICT may select and designate a corporate affiliated research institute with good research and development capability among corporate affiliated research institutes recognized under Article 14-2 (1) of the Act as an excellent corporate research institute and provide needed support. [This Article Newly Inserted by Presidential Decree No. 28289, Sep. 15, 2017]
| Article 17 (Matters to Be Observed by Business-Affiliated Research Institutes) |
| (1) | “Matters prescribed by Presidential Decree” in subparagraph 3 of Article 14-4 of the Act means the following: <Amended by Presidential Decree No. 29223, Oct. 16, 2018> |
| 1. | Enterprises that established a business-affiliated research institute or a department solely responsible for research and development (hereinafter referred to as “business-affiliated research institute, etc.”) recognized under Article 14-2 (1) of the Act shall hire full-time employees engaging in non-research business affairs such as production, selling, and marketing, so that researchers solely responsible for research, research assistants, and research management employees working at the relevant business-affiliated research institute, etc. can be fully engaged in research; |
| 2. | Personnel and research facilities of the business-affiliated research institute, etc. shall be located in the same place; |
| 3. | To establish more than one business-affiliated research institute, etc., in a single enterprise, each business-affiliated research institute, etc. shall have different fields of research expertise (this refers to the sub-classification under the standard classification for industries prepared and publicly announced by the Commissioner of the Statistics Korea under Article 22 of the Statistics Act) or shall have different addresses; |
| 4. | A report on research and development activities performed by business-affiliated research institutes, etc. shall be submitted to the Minister of Science and ICT every year, as determined by the Minister of Science and ICT. |
| (2) | Notwithstanding paragraph (1) 2, a business-affiliated research institute may be located in two places, having primary and secondary addresses, if necessary for facilitating research. In such cases, research facilities shall be separately installed in each address and at least one employee of such business-affiliated research institute, etc. shall work full-time in each address; and the number of researchers solely responsible for research, provided for in Article 16-2 (1) and (2) shall be the sum of all researchers solely responsible for research in all addresses. |
[This Article Wholly Amended by Presidential Decree No. 27506, Sep. 22, 2016]
| Article 18 (Methods for Concluding Agreements) |
| (1) | An agreement under Article 14 (1) or 15 (2) of the Act shall be concluded by and between the Minister of Science and ICT and the head (referring to the representative of the corporation to which the relevant institution belongs in cases falling under the latter part of Article 14 (1) of the Act) of an institution or organization that plays a leading role in the relevant research project (hereinafter referred to as “main research institute”), among the institutions and organizations referred to in Article 14 (1) of the Act: Provided, That if the funds for the relevant research project include contributions from persons other than the Government or research and development funds paid by any company (including funds paid in kind; the same shall apply hereinafter), the head of the main research institute shall execute an investment agreement or research agreement with the person who shall bear the expenses therefor within 30 days from the date an agreement is entered into with the Minister of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | An agreement under paragraphs (1) and (2) shall include the following: |
| 2. | A summary of the research task; |
| 3. | Use and management of research and development funds and the methods for the payment thereof; |
| 4. | Reporting of research and development outcomes; |
| 5. | Ownership of research and development outcomes and utilization thereof; |
| 6. | Collection of royalties for the utilization of research and development outcomes; |
| 7. | Measures following the evaluation of research and development outcomes; |
| 8. | Amendment or cancellation of the agreement; |
| 9. | Countermeasures against breach of the agreement; |
| 10. | Other matters incidental to research and development. |
| (4) | The head of the main research institute under paragraph (1) or the head of the industry-academia partnership under paragraph (2) may entrust some of the relevant research task to an institution or organization under any subparagraph of Article 14 (1) of the Act or any other person for research. |
| Article 19 (Payment of Contributions) |
The contributions under Articles 14 (2) and 15 (1) of the Act shall be paid in installments: Provided, That if the Minister of Science and ICT deems it necessary, given the scale of the research task or the time to commence the research project, he/she may pay contributions in lump sum. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 20 (Management of Contributions) |
The head of a main research institute that receives contributions from the Government or any third party under Article 14 (2) of the Act or research and development funds from a company (hereinafter referred to as “contributions, etc.”) shall create a separate account for the management of the contributions, etc.
| Article 21 (Use of Contributions and Reporting of Results) |
| (1) | The head of a main research institute shall use contributions, etc. received under Article 14 (2) of the Act only for the following purposes: |
| 1. | Personnel expenses for researchers; |
| 2. | Travel expenses incurred in the performance of the relevant research project; |
| 3. | Expenses for activities relating to technical information; |
| 4. | Expenses incurred in the purchase, installation, lease, and operation of research facilities; |
| 5. | Material costs, expenses for computer processing, administrative expenses incurred in the performance of the relevant research project; |
| 6. | Cost for the production of prototypes; |
| 7. | Utilities expenses and fees for the performance of the relevant research project; |
| 8. | Expenses for research activities; |
| 9. | Fees for the entrustment of research and development; |
| 10. | Expenses for support personnel necessary for the relevant research and development project, overhead costs borne jointly by institutions, reserves for research and development, operating expenses, and costs of purchasing equipment necessary where the research institute is operated in the form of a project team or a research group; |
| 11. | Expenses incurred in filing applications for intellectual property rights and in the registration of such rights; |
| 12. | Other expenses incidental to research and development. |
| (2) | The head of a main research institute shall submit a yearly report on the results of the use of contributions, etc. under paragraph (1) to the Minister of Science and ICT 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 comparison sheet for the business plan versus the results of execution of the plan (in the form prescribed by the Minister of Science and ICT); |
| 2. | A written opinion on the internal accounting audit of the main research institute. |
| Article 22 (Institutions Implementing Projects to Support Development of Technologies) |
| (1) | “Institution or organization specified by Presidential Decree” in the former part of Article 16 (2) of the Act means the following institutions or organizations: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 29223, Oct. 16, 2018> |
| 3. | An institution or organization specified by Ordinance of the Ministry of Science and ICT, from among other legal entities established with the aim of promoting the development of industrial technologies. |
| (2) | When an institution or organization referred to in any subparagraph of paragraph (1) carries out a project specified in any subparagraph of Article 16 (1) of the Act, the Minister of Science and ICT may grant a subsidy to help cover all or part of the funds required for the project. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 23 (Application for Use of Commodities or Equipment for Research) |
A person who intends to use commodities or equipment for research pursuant to Article 16 (3) of the Act shall submit a written application therefor to the Minister of Science and ICT, including the following information: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | Names of the commodities or equipment; |
| 2. | Specific reasons why the use, manufacturing, sale, or importation of the commodities or equipment are prohibited or restricted; |
| 3. | Specific purposes of use of the commodities or equipment. |
| Article 24 (Public Notice of Technologies to Be Domestically Developed) |
In order to promote the independent development of technologies, the Minister of Science and ICT may publicly notify the technologies deemed necessary to be domestically developed. In such cases, with respect to technologies for the defense industry, the Minister of Science and ICT shall consult the Commissioner of the Defense Acquisition Program Administration thereon in advance. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| Article 25 (Collection and Use of Royalties) |
| (1) | When the head of an institution or organization referred to in any subparagraph of Article 14 (1) of the Act collects royalties under Article 17 (1) of the Act, he/she shall report to the head of the related central administrative agency on the results thereof within 15 days from the date of collection. |
| (2) | The ratios of remuneration for researchers, etc. who participate in a research project under Article 17 (3) 1 of the Act shall be as follows: |
| 1. | If the relevant institution is a nonprofit corporation: At least 50/100 of the Government’s share in contributions, out of the royalties collected; |
| 2. | If the relevant institution is a profit-making corporation: At least 35/100 of the Government’s share in contributions, out of the royalties collected. |
| (3) | The ratios of royalties to be transferred to the head of the related central administrative agency under Article 17 (3) 2 of the Act shall be as follows: |
| 1. | If the relevant institution is a nonprofit corporation: Exempt; |
| 2. | If the relevant institution is a profit-making corporation: At least 30/100 of the Government’s share in contributions, out of the royalties collected. |
| (4) | Pursuant to Article 17 (3) 3 and 4 of the Act, the head of an institution or organization referred to in any subparagraph of Article 14 (1) of the Act shall use the balance of royalties, left over after use or transfer in accordance with paragraphs (2) and (3), for the following purposes: <Amended by Presidential Decree No. 27506, Sep. 22, 2016> |
| 1. | Re-investment in research and development; |
| 2. | The institution or organization’s operating expenses; |
| 3. | Expenses incurred in transferring or commercializing developed technologies; |
| 4. | Expenses incurred in filing applications for intellectual property rights and in the registration and maintenance of such rights and remuneration for employees, etc. who contribute to the dissemination of technologies. |
| (5) | The head of an institution or organization referred to in any subparagraph of Article 14 (1) of the Act shall report to the head of a related central administrative agency on the results of the use of royalties under paragraphs (2) through (4) by March 31 of the following year. |
| (6) | The head of a related central administrative agency shall consult the Minister of Strategy and Finance in advance on the use of the royalties appropriated under Article 17 (3) 2 of the Act. |
| Articles 26 and 26-2 Deleted. <by Presidential Decree No. 29223, Oct. 16, 2018> |
| Article 27 (Entrustment of Authority) |
| (1) | Pursuant to Article 20 of the Act, the Minister of Science and ICT shall entrust his/her authority over the following administrative affairs to the Korea Industrial Technology Association established with his/her permission under Article 32 of the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28289, Sep. 15, 2017; Presidential Decree No. 29223, Oct. 16, 2018> |
| 1. | Affairs regarding acceptance and approval of applications for recognition of business-affiliated research institutes, etc., prescribed in Article 14-2 (1) and (2) of the Act; |
| 2. | Affairs regarding acceptance of reports on alterations of business-affiliated research institutes, etc., prescribed in Article 14-2 (3) of the Act; |
| 3. | Affairs regarding cancellation of recognition of business-affiliated research institutes, etc., prescribed in Article 14-3 (1) and (2) (this includes the discovery, orders to redress, and recognition under Article 14-3 (1) 3, 4 and 6 of the Act); and affairs regarding holding hearings; |
| 4. | Affairs relating to the selection and designation of excellent corporate research institutes under Article 16-3; |
| 5. | Affairs relating to acceptance of a report on research and development activities performed by business-affiliated research institutes, etc. under Article 17 (1) 4. |
| (2) | Pursuant to Article 20 of the Act, the Minister of Science and ICT may entrust his/her authority over the following duties relating to specific research and development projects to specialized institutions: <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Survey and analysis of trends of technologies to formulate a plan for specific research and development projects and the estimation of demand for technologies; |
| 2. | Examination, operation, and management of research tasks in connection with the selection of annual research tasks and technical support therefor; |
| 3. | Evaluation and utilization of research tasks. |
| (3) | When the Minister of Science and ICT entrusts his/her authority under paragraph (2), he/she shall post public notice thereof in the Official Gazette. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Matters necessary for the processing and reporting of the duties entrusted under paragraph (1) or (2) shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended by Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 28 (Guidelines for Imposition of Administrative Fines) |
The guidelines for the imposition of administrative fines under Article 21 (1) of the Act shall be as prescribed in attached Table 2.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Research Institutes Annexed to Company and Solely Responsible Departments)
| (1) | A business-affiliated research institute or a solely responsible department, recognized by the Minister of Education, Science and Technology under Article 15 of the Enforcement Decree of the previous Technology Development Promotion Act before this Decree enters into force, shall be deemed recognized under this Decree. |
| (2) | Notwithstanding the amended provisions of Article 16, the number of researchers solely responsible for research whom a business-affiliated research institute, established by a small or medium business under Article 2 of the Framework Act on Small and Medium Enterprises, is required to secure, shall be at least three persons until June 30, 2011. |
| (3) | Notwithstanding the amended provisions of Article 16, the number of researchers solely responsible for research under the previous provisions and paragraph (2) whom a business-affiliated research institute, established by a medium business under Article 8 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises and recognized by the Minister of Education, Science and Technology by securing at least three researchers solely responsible for research, is required to secure, shall be at least three persons until June 30, 2012. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23527, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24123, Sep. 28, 2012>
This Decree shall enter into force on the date of its promulgation.
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. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25016, Dec. 24, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDA <Presidential Decree No. 25495, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26137, Mar. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26356, Jun. 30, 2015>
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. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Article 2 (Applicability to Cases Where Research and Development is Deemed Conducted Faithfully)
The amendments to the proviso to Article 26 (1) 1, Article 26 (3), and Article 26-2 shall begin to apply to persons who enter into an agreement after this Decree enters into force. Article 3 (Transitional Measures concerning Period of Restrictions on Participation)
Notwithstanding the amended provisions of Article 26 (1) 5, 7, and 8 and Article 26 (4), the previous provisions shall apply to cases falling under any subparagraph of Article 18 (1) of the Act before this Act enters into force. Article 4 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.
ADDENDA <Presidential Decree No. 28289, Sep. 15, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2017.
Article 2 (Applicability to Period of Restrictions on Participation)
The amended provisions of subparagraph 1 (b) of attached Table 1-2 and subparagraph 2 (b) of the Table shall begin to apply from a research and development project for which the contract is signed after this Decree enters into force.
Article 3 (Applicability to for Criteria for Recovery of Project Funds)
The amended provisions of attached Table 1-3 shall begin to apply from a research and development project for which the contract is signed after this Decree enters into force.
Article 4 (Transitional Measures concerning Calculation of Cumulative Number of Periods of Restrictions on Participation)
The restrictions on participation issued over the research and development projects for which the contract is signed before this Decree enters into force shall not be included in the calculation of the cumulative number of restrictions on participation under the amended provisions of subparagraph 2 (b) of attached Table 1-2.
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.
ADDENDUM <Presidential Decree No. 29223, Oct. 16, 2018>
This Decree shall enter into force on October 18, 2018: Provided, That the amendments to Articles 17 (1) 4, 22 (1) 1, and 27 (1) 5 shall enter into force on the date of its promulgation.