ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF NANOTECHNOLOGY
Presidential Decree No. 18011, jun. 25, 2003
Amended by Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28799, Apr. 17, 2018
| Article 2 (Comprehensive Nanotechnology Development Plans) |
| (1) | The Minister of Science and ICT shall formulate a comprehensive nanotechnology development plan (hereinafter referred to as "comprehensive development plan") under Article 4 (1) of the Act on the Promotion of Nanotechnology (hereinafter referred to as the "Act") every five years. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall notify the heads of related central administrative agencies of each comprehensive development plan confirmed in accordance with Article 4 (3) of the Act. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science, ICT and Future Planning shall include matters concerning promotion of research and development of nanotechnology referred to in Article 4 (4) 3 of the Act in each comprehensive development plan being classified as follows: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Basic research for expanding intellectual foundations; |
| 2. | Development of base or original technologies for innovating existing knowledge; |
| 3. | Development of core strategic technologies that may be commercialized in five to ten years. |
| (4) | "Other important matters prescribed by Presidential Decree concerning the development of nanotechnology" in Article 4 (4) 7 of the Act means the following: |
| 1. | Matters concerning the creation of, and support for, nanotechnology research complexes; |
| 2. | Matters concerning the establishment of a standard system for measuring nanotechnology; |
| 3. | Matters concerning nanotechnology impact assessments; |
| 4. | Matters concerning support for the development of nanotechnology of the private sector. |
| Article 3 (Formulation of Implementation Plans) |
| (1) | The Minister of Science and ICT shall establish guidelines for the formulation of annual implementation plans (hereinafter referred to as "guidelines for the formulation of implementation plans") of the following year necessary for the head of each related central administrative agency to formulate an annual implementation plan (hereinafter referred to as "implementation plan") under Article 5 (1) of the Act and notify the head of each related central administrative agency of such guidelines by October 31st each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | When necessary to establish guidelines for the formulation of implementation plans, the Minister of Science and ICT may request the head of each related central administrative agency to submit related data. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT must receive the implementation plan for the following year by December 31st and the outcomes of implementation in the preceding year by January 31st from the head of each related central administrative agency, and integrate implementation plans and the outcomes of implementation, and report the integrated implementation plan and the outcomes of implementation to the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act by April 30th each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28799, Apr. 17, 2018> |
| Article 4 (Implementation of Research and Development) |
In formulating support policies pursuant to Article 6 (1) of the Act, the head of each related central administrative agency shall comprehensively evaluate the outcomes of research, technology competitiveness, etc. of nanotechnology research and development projects in the fields under his/her jurisdiction every three years, and reflect the findings from such evaluation in support policies.
| Article 5 (Preparation of Nanotechnology Map) |
| (1) | The Minister of Science and ICT shall prepare a comprehensive technical map (hereinafter referred to as "technical map") in the fields of nanotechnology as referred to in Article 6 (3) of the Act every five years and notify the head of each related central administrative agency of such technical map. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | When the Minister of Science and ICT deems it necessary to prepare a technical map, he/she may request research institutions, universities and enterprises participating in national research and development projects to submit related data. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | A technical map shall include the following matters: |
| 1. | Development trends and the prospects of development on the major fields of nanotechnology; |
| 2. | Demand and market outlook for major nanotechnologies; |
| 3. | Analysis of research capabilities and the impediments to on the development of nanotechnology; |
| 4. | Analysis of nanotechnology gap with advanced countries and strategies to cope with such gap; |
| 5. | Timing for realization of major nanotechnologies and possibility of the realization thereof; |
| 6. | Analysis of patents on major nanotechnologies. |
| (4) | The Minister of Science and ICT shall revise or supplement a technical map when he/she deems it necessary as nanotechnology develops. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The head of each related central administrative agency may prepare a technical map on nanotechnology in the fields under his/her jurisdiction. |
| Article 6 (Surveys and Analysis of Development Trends and Direction-Setting for Investment in Nanotechnology) |
The head of each related central administrative agency shall conduct surveys and analysis of the trends, etc. of the following in leading countries every year in accordance with Article 6 (6) of the Act and reflect the findings therefrom in policies and the relevant implementation plan related to nanotechnology in the fields under his/her jurisdiction: | 1. | Policies for fostering nanotechnology and strategies for the development thereof; |
| 2. | The level of nanotechnology; |
| 3. | The current status of the implementation of research and development of nanotechnology; |
| 4. | Commercialization of the outcomes of research on nanotechnology; |
| 5. | Direction-setting for priority investment in the development of nanotechnology. |
| Article 7 (Korea Nanotechnology Research Society) |
| (1) | The Korea Nanotechnology Research Society (hereinafter referred to as the "Society") referred to in Article 7 (1) of the Act shall be comprised of up to 30 members, including the chairperson, and members shall be those with abundant knowledge of and experience in nanotechnology, who are civilian experts in industrial, academic and research circles. |
| (2) | Except as otherwise expressly provided for in this Decree, the chairperson of the Society shall prescribe matters necessary for the composition and operation of the Society. |
| Article 8 (Support for Private Technical Development) |
The head of each related central administrative agency shall formulate policies to advance the following matters so that private enterprises can revitalize research and development of nanotechnology and promote the commercialization of nanotechnology:
| 1. | Increasing investment in research and development of nanotechnology; |
| 2. | Promoting cooperative research among industrial, academic and research circles in the fields of nanotechnology; |
| 3. | Promoting the practical use and commercialization of the outcomes of research and development of nanotechnology; |
| 4. | Developing and disseminating the standard technology for measurement of nanotechnology. |
| Article 9 (Surveys and Analysis of Nanotechnology Research and Development Activities) |
| (1) | The Minister of Science and ICT shall survey and analyze (hereinafter referred to as "survey and analysis") nanotechnology research and development activities of the private sector pursuant to Article 9 (1) of the Act each year, and notify the heads of related central administrative agencies of the findings therefrom. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Objects of survey and analysis shall be: |
| 1. | The current status of the organizations for research and development related to nanotechnology and employees related to research and development; |
| 2. | The current status of investment in research and development of nanotechnology; |
| 3. | The current status and the prospects of commercialization of the development of nanotechnology; |
| 4. | The current status of research facilities and equipment related to nanotechnology; |
| 5. | Opinions on nanotechnology research and development activities, such as demand for technology. |
| (3) | When the head of each related central administrative agency is notified of the findings from survey and analysis conducted under paragraph (1), he/she shall reflect such findings in policies and the relevant implementation plan related to nanotechnology in the fields under his/her jurisdiction. |
| (4) | The head of each related central administrative agency may conduct a survey and analysis in the fields under his/her jurisdiction, where necessary. |
| (5) | The Minister of Science and ICT may permit the following institutions, corporations or organizations to conduct surveys and analysis: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 10 (Training of Nanotechnology Human Resources) |
| 1. | Matters concerning the medium and long-term forecast for supply of, and demand for nanotechnology human resources; |
| 2. | Matters concerning development of interdisciplinary educational and training programs in the fields of nanotechnology; |
| 3. | Matters concerning development and operation of educational and training programs utilizing the Nanofab Center; |
| 4. | Matters concerning attraction and utilization of overseas quality research human resources in the fields of nanotechnology; |
| 5. | Matters concerning expansion of educational and training institutions to train nanotechnology human resources. |
| (2) | The Minister of Science and ICT shall forecast the supply of and demand for nanotechnology human resources pursuant to Article 10 (2) of the Act every three years and notify the head of each related central administrative agency of the results thereof. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may request related central administrative agencies, research institutions, universities and enterprises participating in national research and development projects to submit necessary data in order to forecast the supply of, and demand for nanotechnology human resources under paragraph (2). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | Institutions to which the Government may entrust nanotechnology human resources training services in accordance with Article 10 (3) of the Act shall be: |
| 6. | Other institutions or organizations the head of a related central administrative agency deems necessary to train human resource for nanotechnology under his/her jurisdiction. |
| Article 11 (Nanofab Center) |
The Nanofab Center referred to in Article 11 (2) of the Act shall be incorporated and operated as a corporation, and may be temporarily operated as an affiliate to another corporation or institution until it has funds, human resources, etc. enough to operate independently.
| Article 12 (Commercialization of Outcomes of Research and Development) |
Support policies to promote the commercialization of nanotechnology under Article 12 of the Act shall be: | 1. | Operation of, and support for a department exclusively responsible for promoting commercialization by institutions (hereinafter referred to as "research institution, etc.") referred to in the subparagraphs of Article 13 (1); |
| 2. | Fostering of, and support for business incubation centers aiming at supporting places, facilities, technology, information, etc. to business starters in order to promote and foster startup of technology-intensive enterprises; |
| 3. | Providing good offices to loan business startup funds and management consulting to enterprises which can commercialize nanotechnology; |
| 4. | Support for the use of technology, information, equipment, facilities, and a site possessed by a research institution, etc. to persons who intend to commercialize nanotechnology; |
| 5. | Granting an exemption or reduction from royalties following technical implementation of the industrial property rights a research institution, etc. holds by performing a national research and development project as referred to in subparagraph 1 of Article 2 of the Regulations on Management, etc. of National Research and Development Projects. |
| Article 13 (Designation of Research Institutes Specialized in Nanotechnology) |
| (1) | The Minister of Science and ICT shall designate a research institute specialized in nanotechnology (hereafter in this Article referred to as "research institute specialized in nanotechnology") pursuant to Article 13 (1) of the Act among the following institutions: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 4. | National or public research institutions; |
| 5. | Government-funded institutions established pursuant to Acts. |
| (2) | When the Minister of Science and ICT intends to designate a research institute specialized in nanotechnology, he/she shall consider the following matters: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Track record of research and development related to nanotechnology; |
| 2. | The current status of research infrastructure, such as research human resources, facilities, equipment and information, related to nanotechnology; |
| 3. | Whether collaborative networks among industrial, academic and research circles related to nanotechnology is operated. |
| (3) | When the Minister of Science and ICT designates a research institute specialized in nanotechnology, he/she shall officially announce the following in the Official Gazette: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The name and address of the designated institution; |
| 2. | The year, month and date of designation and the period for which designation is made; |
| 3. | Functions and roles of the designated institution. |
| (4) | The head of each research institute specialized in nanotechnology designated pursuant to paragraph (1) shall submit a business plan of the pertinent year and the outcomes of execution in the preceding year on nanotechnology to the Minister of Science and ICT by January 31st each year. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| Article 14 (Establishment of Nanotechnology Information System) |
| 1. | Fostering management and distribution institutions of nanotechnology information; |
| 2. | Standardization related to management and distribution of nanotechnology information. |
| (2) | The Minister of Science, ICT and Future Planning shall designate an institution specialized in nanotechnology information management pursuant to Article 14 (2) of the Act among the following institutions: |
| Article 15 (Support for Creation of Nanotechnology Research Complexes) |
| (2) | The Minister of Science and ICT may designate a nanotechnology research complex centering on an area where any of the following institutions are located, in consultation with the heads of related central administrative agencies: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 22977, Jun. 24, 2011; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 27506, Sep. 22, 2016; Presidential Decree No. 28210, Jul. 26, 2017> |
| 4. | Industrial technology research cooperatives as prescribed in the Industrial Technology Research Cooperatives Act; |
| 6. | Government-funded institutions established pursuant to Acts; |
| 7. | National or public research institutions. |
| (3) | The heads of related central administrative agencies may provide support for the following to research institutions, universities, etc. taking occupancy in a nanotechnology research complex designated pursuant to paragraphs (1) and (2): |
| 3. | Expanding facilities, equipment, etc. for research and development related to nanotechnology under Article 11 of the Act; |
| 5. | Establishing a management and distribution system of nanotechnology information under Article 14 of the Act. |
| (4) | When the head of a local government intends to receive subsidies under Article 16 (2) of the Act, he/she shall file an application for payment of subsidies with the head of the related central administrative agency, including the following documents, by April 30th each year: |
| 1. | A development plan of a nanotechnology research complex; |
| 2. | A detailed statement of project requirements. |
| Article 16 (Corporations or Organizations Eligible for Fostering) |
Non-profit corporations or organizations eligible for fostering under Article 17 (3) of the Act shall be: <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 2. | Industrial technology research cooperatives in the fields of nanotechnology among industrial technology research cooperatives as prescribed in the Industrial Technology Research Cooperatives Act; |
| 3. | Other research or scientific corporations or organizations in the fields of nanotechnology, the track record of whose research in the fields of nanotechnology are deemed excellent by the Minister of Science and ICT. |
| Article 17 (Scope of, and Procedures for, Nanotechnology Impact Assessments) |
| (1) | The Minister of Science and ICT may formulate an implementation plan in consultation with the heads of related central administrative agencies to conduct nanotechnology impact assessments under Article 19 of the Act, and require a corporation, organization or institution related to nanotechnology to conduct such impact assessments. <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | A nanotechnology impact assessment shall include the following: |
| 1. | Impacts of the development and industrialization of nanotechnology on promoting convenience in citizens’ lives; |
| 2. | Impacts of the development and industrialization of nanotechnology on the country and communities at large; |
| 3. | Potential adverse impacts of nanotechnology and a plan to prevent the same. |
| (3) | The Minister of Science and ICT shall notify the heads of related central administrative agencies of the results of nanotechnology impact assessments conducted under paragraph (1). <Amended by Presidential Decree No. 20740, Feb. 29, 2008; Presidential Decree No. 24423, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | When the head of each related central administrative agency is notified of the results of nanotechnology impact assessments, he/she shall reflect such results in the research plan for national research and development projects under his/her jurisdiction, or formulate and implement measures to minimize potential adverse impacts of nanotechnology. |
| (5) | The head of each related central administrative agency may conduct nanotechnology impact assessments in the fields under his/her jurisdiction, where necessary |
ADDENDUM
This Decree shall enter into force on June 27, 2003.
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. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 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.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 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. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Articles 2 through 7 Omitted.