ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT, OPERATION AND FOSTERING OF GOVERNMENT-FUNDED SCIENCE AND TECHNOLOGY RESEARCH INSTITUTES
Presidential Decree No. 18594, Dec. 3, 2004
Amended by Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22356, Aug. 25, 2010
Presidential Decree No. 23066, Aug. 3, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 23355, Dec. 8, 2011
Presidential Decree No. 24272, Dec. 28, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28799, Apr. 17, 2018
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 2 (Free Rental of State-Owned Property) |
| (2) | A period not exceeding 20 years may be set for free rental of state-owned property under paragraph (1). |
| (4) | If a research institute or the Research Council uses state-owned property or commodities leased or transferred free of consideration under paragraph (1) for any purpose other than free rental or transfer, the authorities responsible for the management of state-owned and commodities may terminate or cancel the rental or transfer agreement. |
| (5) | Except as otherwise provided for in this Decree, the provisions of the State Property Act and the Commodity Management Act shall apply mutatis mutandis to the rental, transfer, use, or enjoyment of state-owned property or commodities. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 3 (Preparation for Incorporation of Research Institutes) |
| (1) | When a research institute is to be incorporated pursuant to Article 8 of the Act, the chairperson of the Research Council shall commission not more than ten persons as incorporators to carry out administrative affairs for the incorporation of the research institute. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (2) | Incorporators shall prepare the research institute’s articles of incorporation for approval from the Minister of Science and ICT thereof. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | When articles of incorporation are approved under paragraph (2), incorporators shall file for registration for incorporation of the research institute and then transfer administrative affairs to the head of the research institute (hereinafter referred to as the “president of a research institute”) without delay. |
| (4) | Incorporators shall be deemed dismissed from office when they complete the transfer of administrative affairs under paragraph (3). |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 4 (Deadline for Submission of Business Goals of Research Institutes) |
“Deadline prescribed by Presidential Decree” in Article 11 (3) of the Act means six months. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 5 (Audit of Research Institutes) |
The auditor of a research institute under Article 11 (5) of the Act shall be a non-standing executive officer: Provided, That a research institute whose average budget during three business years before the appointment of an auditor is at least 100 billion won may appoint a standing auditor. [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 6 (Public Invitation of Presidents of Research Institutes) |
| (1) | When the chairperson of the Research Council intends to appoint the president of a research institute, he/she shall seek opinions thereon from heads of related central administrative agencies to make a decision on whether to appoint the president of the research institute through public invitation or with recommendation of the committee for the recommendation of presidents of research institutes under Article 12 (2) of the Act. |
| (2) | When the president of a research institute is to be appointed through public invitation under Article 12 (2) of the Act, a committee for examination of candidates for the president of the research institute (hereinafter referred to as the “examination committee”) shall be organized to examine candidates for the president of the research institute: Provided, That the examination by the examination committee may be omitted if the number of candidates does not exceed three. |
| (3) | The examination committee shall be comprised of five directors (including two ex officio directors from related central administrative agencies), including the chairperson of the Research Council, and two persons engaged in research and designated by the board of directors, from among persons of various circles, including industrial circles, research institutes, and academic circles, in good standing and reputation. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (4) | Notwithstanding paragraph (3), if the Minister of Science and ICT deems it more desirable to require public officials of related Ministries to participate in the examination committee as examiners, he/she may appoint public officials holding offices equivalent to those of Vice Ministers in related Ministries (including public officials who are deputy heads of such agencies and members of the Senior Civil Service Corps and public officials at the equivalent level) as examiners in place of the ex officio directors serving as examiners, but the number of them shall not exceed the number of examiners allotted to ex officio directors. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (5) | The procedure for public invitation and matters regarding the operation of the examination committee shall be stipulated by the Research Council’s articles of association. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 7 (The Committee for Recommendation of Presidents of Research Institutes) |
| (1) | The committee for the recommendation of presidents of research institutes under Article 12 (2) of the Act shall be comprised of five directors (including two ex officio directors from related central administrative agencies), including the chairperson of the Research Council, and two persons engaged in research and designated by the board of directors, from among persons from various circles, including industrial circles, research institutes, and academic circles, in good standing and reputation. Article 6 (4) shall apply mutatis mutandis to such cases. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (2) | When the committee for the recommendation of presidents of research institutes intends to recommend a person as the president of a research institute, it shall recommend a person who has abundant knowledge in the relevant field of research and good reputation as the president of the research institute. |
| (3) | The procedure for recommendation of presidents of research institutes and matters regarding the operation of the committee for the recommendation of presidents of research institutes shall be stipulated by the Research Council’s articles of association. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 8 (Appointment of Auditor) |
| (1) | Pursuant to Article 12 (1) of the Act, the chairperson of the Research Council shall appoint an auditor from among persons who have abundant expertise or experience in a related field. |
| (2) | Matters regarding the method and procedure for the appointment of an auditor shall be stipulated by the Research Council’s articles of association. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 8-2 (Dismissal of Executive Officers of Research Institutes) |
Where the president or auditor of a research institute falls under any of the following grounds, the chairperson of the Research Council may dismiss him/her following the resolution of its board of directors under Article 12 (1) of the Act: | 1. | Where he/she is unable to fulfill his/her duties for a long period due to any physical or mental disease; |
| 3. | Where he/she causes any loss to the relevant research institute or the Research Council by violating any statute or regulation or the articles of incorporation of the research institute or the Research Council; |
| 4. | Where the management competence as the president is deemed substantially inadequate following an evaluation conducted under Article 28 of the Act; |
| 5. | Where the chairperson of the Research Council or any supervisory authority requests his/her dismissal because he/she has done any act causing loss of dignity regardless of correlation with his/her duties or his/her qualities are deemed substantially unsuited. |
[This Article Newly Inserted by Presidential Decree No. 25393, Jun. 25, 2014]
| Article 8-3 (Standards for Evaluation of Research Outcomes and Business Management Achievements of Research Institute during Its President's Term of Office) |
"Where the research outcomes and business management achievements of a research institute during its president's term of office are found to satisfy the standards prescribed by Presidential Decree" in the former part of Article 12 (6) of the Act, means cases where, in the evaluation of research outcomes and business management achievements of the relevant research institute resolved on by the board of directors, the research institute receives the highest rating under the evaluation grading system, owing to the management innovation implemented by its president. [This Article Newly Inserted by Presidential Decree No. 25393, Jun. 25, 2014]
| Article 9 (Submission of Opinions of Heads of Central Administrative Agencies) |
Pursuant to Article 13 (1) of the Act, the head of a central administrative agency may submit a written opinion on the following matters to the Minister of Science and ICT by not later than the end of February every year: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | The institute conducting research and names of research topics; |
| 2. | Objectives of research and anticipated outcomes; |
| 5. | Order of priority of research topics. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 10 (Deadline for Submission of Budget Requests) |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 11 (Deadline for Submission of Budgets and Business Plans of Research Institutes) |
The Research Council shall submit budgets and business plans of research institutes, which have been approved pursuant to Article 13 (8) of the Act, to the Minister of Science and ICT by December 31 each year: Provided, That when it approves a revision to the budget or business plan of a research institute, it shall submit a revised budget or business plan to the Minister of Science and ICT without delay. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 12 (Deadline for Submission of Annual Financial Reports of Research Institutes) |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 13 (Matters Subject to Authorization for Amendment to Articles of Association of the Research Council) |
“Essential provision specified by Presidential Decree” in Article 20 (2) of the Act means a provision regarding any of the following: | 1. | Objectives (including fields of research); |
| 3. | Principal place of business; |
| 4. | Matters regarding property or accounting; |
| 5. | Matters regarding executive officers or employees; |
| 6. | Matters regarding the establishment of a secretariat. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 14 (The Committee for Recommendation of Chairperson) |
| (1) | The committee for the recommendation of a chairperson under Article 23 (1) of the Act shall be comprised of directors of the Research Council and the presidents of research institutes. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (2) | The committee for the recommendation of a chairperson shall recommend a chairperson from among persons who have abundant expertise or experience in the relevant field of research or professional managers. |
| (3) | The procedure for the recommendation of a chairperson and other matters regarding the operation of the committee for the recommendation of a chairperson shall be stipulated by articles of association. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 15 (Ex Officio Directors of the Research Council) |
| (1) | Ex officio directors of the Research Council under Article 23 (2) of the Act shall be follows: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The Vice Minister of Strategy and Finance, the Vice Minister of Science and ICT, and the Vice Minister of Trade, Industry and Energy; |
| 2. | Two persons from among the Vice Minister of Education, the Vice Minister of Agriculture, Food and Rural Affairs, the Vice Minister of Health and Welfare, and the Vice Minister of Land, Infrastructure and Transport. |
| (2) | The persons specified in paragraph (1) 2, shall serve as ex officio directors for one year in the abovementioned order. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (3) | Notwithstanding paragraph (2), if the Minister of Science and ICT deems it necessary for appointment of the president of a research institute under Article 24 (2) 2 of the Act, he/she may appoint a public official holding an office equivalent to that of a Vice Minister in a Ministry more closely related to the research institute (including a public official who is the deputy head of such agency and a member of the Senior Civil Service Corps, and a public official at the equivalent level) as an ex officio director only for deliberation on the appointment of the president of the research institute. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (4) | The number of ex officio directors who may be appointed pursuant to paragraph (3), shall be limited to only one person; and when a public official holding an office equivalent to that of a Vice Minister from a related Ministry (including a public official who is the deputy head of such agency and a member of the Senior Civil Service Corps, or a public official at the equivalent level) appointed as an ex officio director participates in passing a resolution on the appointment of the president of a research institute, one person from among the ex officio directors specified in paragraph (1) 2, shall be excluded from among ex officio directors in the abovementioned order. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 16 (Recommendation of Directors of the Research Council) |
| (1) | The institutes and organizations that may recommend candidates as directors when the Minister of Science and ICT intends to appoint directors under Article 23 (2) of the Act include the following institutes and organizations: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | Industrial circles: Related associations; |
| 2. | Research institutes: Research institutes affiliated with the Research Council; |
| (2) | The Minister of Science and ICT shall appoint directors from among persons who have abundant expertise and experience or professional managers, recommended pursuant to paragraph (1), impartial to any particular field. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 17 (Recommendation of Auditors of the Research Council) |
When the Minister of Science and ICT intends to appoint an auditor pursuant to Article 23 (3) of the Act, he/she may invite recommendations by applying Article 16 (1) mutatis mutandis. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 18 (Submission of Budget Requests for Contributions to the Research Council) |
Pursuant to Article 27 (1) of the Act, the Research Council shall submit a budget request for contributions for the following business year to the Minister of Science and ICT by not later than May 20 every year. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 19 (Reporting of Business Plans of the Research Council) |
Pursuant to Article 27 (2) of the Act, the Research Council shall report to the Minister of Science and ICT on its business plan, etc. for each business year by the following deadlines: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> | 1. | The business plan and budget for each business year: By December 31 of the preceding business year; |
| 2. | The business performance report for each business year and the annual financial report audited by a certified public accountant for revenue and expenditure during each business year: By March 31 of the following business year. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 20 (Evaluation of Research Institutes) |
| (1) | When the Research Council evaluates each research institute’s research outcomes and business management achievements pursuant to Article 28 (1) of the Act, it shall seek an opinion thereon from the planning and evaluation committee under Article 25 of the Act or from an institution capable of making an expert evaluation on related fields to conduct the evaluation in a fair and objective manner. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (2) | The details of evaluation of each research institute’s research outcomes and business management achievements under paragraph (1), shall be prescribed by the Research Council following the resolution of its board of directors. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> |
| (3) | When the Minister of Science and ICT finds it necessary to conduct another evaluation in addition to the evaluation under paragraph (2), he/she may request the Research Council to conduct an additional evaluation, and the Research Council shall comply with such request. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 21 (Submission of Findings of Evaluation of Research Institutes) |
The Research Council shall report on the findings of evaluation of research institutes under Article 28 (1) of the Act to the Minister of Science and ICT and to the Presidential Advisory Council on Science and Technology, within ten days from the date the evaluation is completed, along with the following documents: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 28210, Jul. 26, 2017; Presidential Decree No. 28799, Apr. 17, 2018> | 1. | A report on the findings of evaluation of each research institute; |
| 2. | An evaluation report, where the evaluation has been commissioned to the planning and evaluation committee or to a specialized evaluation agency. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 22 (Methods and Guidelines for Entrustment of Business Affairs) |
| (1) | When a research institute or the Research Council intends to partially entrust its business affairs to another person, it shall execute a contract or agreement providing for the following: |
| 1. | The details and scope of entrusted business affairs; |
| 2. | The period of entrustment; |
| 3. | Reporting of the results of performance of entrusted business affairs; |
| 4. | Amendment or cancellation of the contract or agreement and measures against breach of the contract or agreement; |
| 5. | Other matters necessary for the performance of entrusted business affairs. |
| (2) | The business affairs that a research institute or the Research Council may entrust to another person pursuant to Article 30 (1) of the Act shall be as follows: |
| 1. | Business affairs that require any special expertise, technology, facility, or equipment for testing, analysis, or research and development; |
| 2. | Business affairs that particularly require impartiality and objectiveness in evaluation of research topics or research institutes; |
| 3. | Other business affairs in which case entrustment is expected to improve the efficiency in the operation or the institutes’s implementation of its budget. |
| (3) | When a research institute or the Research Council intends to entrust business affairs to other person pursuant to Article 30 (1) of the Act, it shall select the trustee of the entrusted business affairs, comprehensively taking into consideration human resources, facilities, equipment, and expertise of the trustee. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 23 (Research Institutes Qualified to Establish Graduate School Universities) |
“Research institutes specified by Presidential Decree” in Article 33 (1) of the Act means the following research institutes: <Amended by Presidential Decree No. 24272, Dec. 28, 2012> | 1. | The Agency for Defense Development established under the Act on the Agency for Defense Development; |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 23-2 (Qualification for and Scope of Designation of Institutes Participating in Graduate School Universities) |
| (1) | In order to qualify as an institute participating in the curriculum of a graduate school university under Article 33 (3) of the Act (hereinafter referred to as “participating institution”), an institute shall be one of the following research institutes or corporations: |
| 1. | A research institute in science and technology, directly established pursuant to another Act; |
| 3. | A research institute that forfeited its status as a research institute qualified to establish a graduate school university due to the enactment, amendment, or repeal of an Act or the privatization of the institute. |
| (2) | A research institute or corporation under paragraph (1) 1 or 2 shall satisfy all of the following prerequisites: |
| 1. | The amount of funds subsidized by the Government for research and development shall be at least one half of its gross revenue; |
| 2. | At least one half of all employees are exclusively dedicated to research. |
[This Article Newly Inserted by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 23-3 (Procedure for Designation of Institutes Participating in Graduate School Universities) |
| (1) | The Minister of Science and ICT shall designate participating institutes according to the resolution by the steering committee established in the graduate school university pursuant to Article 33 (4) of the Act (hereinafter referred to as the “steering committee”). <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Further details of criteria and the method for the designation of participating institutes shall be prescribed by operational regulations of each graduate school university (hereinafter referred to as “operational regulations”). |
[This Article Newly Inserted by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 24 (Operational Regulations of Graduate School Universities) |
Research institutes that intend to jointly found a graduate school university pursuant to Article 33 of the Act (hereinafter referred to as “founding research institutes”) shall formulate operational regulations that include the following: | 4. | Assets and accounting; |
| 5. | Appointment and dismissal of the head (hereinafter referred to as the “president”) and school employees of the graduate school university; |
| 6. | Matters regarding the steering committee; |
| 7. | Amendment of operational regulations; |
| 8. | Closure of the graduate school university; |
| 9. | Public notice and the methods thereof; |
| 10. | Other important matters regarding the establishment and operation of the graduate school university. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 25 (Functions of Steering Committee) |
| 1. | The budgeting and settlement of accounts of the graduate school university, the borrowing of loans, and the acquisition, disposal, and management of assets; |
| 2. | The amendment of operational regulations; |
| 3. | The closure of the graduate school university; |
| 4. | The appointment and dismissal of the president and faculty members; |
| 5. | The appointment of members of the steering committee under Article 26 (3) 5; |
| 6. | The designation of the research institute assisting the graduate school university under Article 32; |
| 8. | Matters within the scope of the authority of the steering committee under operational regulations; |
| 9. | Other important matters regarding the operation of the graduate school university. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 26 (Formation of Steering Committee) |
| (1) | The steering committee shall be comprised of not exceeding 18 members, including one chairperson. |
| (2) | The chairperson of the steering committee shall be elected by and from among committee members for a term of two years but shall not concurrently serve as president of the graduate school university. |
| (3) | The steering committee shall be comprised of the following persons: <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 25393, Jun. 25, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | The chairperson of the Research Council; |
| 2. | The presidents of six founding research institutes designated in the order prescribed in operational regulations; |
| 3. | President of the graduate school university; |
| 4. | One public official in general service, designated each by the Ministry of Strategy and Finance, the Minister of Education, and the Minister of Science and ICT, respectively, from among members of the Senior Civil Service Corps in each Ministry; |
| 5. | Three persons appointed by the steering committee with recommendations from industrial circles, research institutes, and academic circles; |
| 6. | The presidents of the research institute designated under Article 32 as the institute assisting the graduate school university. |
| (4) | The term of office of the committee members under paragraph (3) 2 and 5 shall be two years. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 27 (Meetings of Steering Committee) |
| (1) | The chairperson of the steering committee shall convene and preside over its meetings. |
| (2) | Except as otherwise provided for expressly in operational regulations, a resolution at a meeting of the steering committee shall be adopted by affirmative votes of a majority of current committee members: Provided, That any resolution on an amendment to the operational regulations shall be adopted by affirmative votes of two-thirds of current committee members. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 28 (Detailed Operational Rules) |
Except as otherwise provided for in this Decree, matters regarding the operation of the steering committee shall be determined by the chairperson upon resolution by the steering committee.
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 29 (Heads of Graduate School Universities) |
| (1) | Pursuant to Article 33 (6) of the Act, the presidents of founding research institutes shall jointly appoint a president of the graduate school university according to the findings of examination by the steering committee from among candidates publicly invited, but shall obtain approval therefor from the Minister of Science and ICT. <Amended by Presidential Decree No. 24474, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The term of each president of a graduate school university shall be four years, but may be renewed consecutively. |
| (3) | A president shall represent the respective graduate school university, administer all school affairs, supervise school employees, and teach students. |
| (4) | If the president of a graduate school university is unable to perform his/her duties due to an event beyond control, the person designated by school regulations shall act on behalf of the president. |
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 30 (Organization of Graduate School Universities) |
A graduate school university shall establish organs necessary for carrying out its administrative affairs. Such organs shall meet the objectives of the establishment of the graduate school university, respect students’ entitlement to receive education, and promote faculty members’ education and research.
| Article 31 (Accounting of Graduate School Universities) |
Accounts of a graduate school university shall be kept separately from accounts of founding research institutes.
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 32 (Designation of Research Institutes Assisting Graduate School Universities) |
Founding research institutes shall designate one from of them themselves as the research institute primarily in charge of assistance in the operation of the graduate school university according to the results of deliberation by the steering committee.
[This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 33 (Duty of the Research Council to Cooperate) |
The Research Council and founding research institutes shall mutually cooperate for the smooth operation of the graduate school university. <Amended by Presidential Decree No. 25393, Jun. 25, 2014>
| Article 34 (Scope of Employees Deemed Public Officials for Purposes of Penalty Provisions) |
“Employees specified by Presidential Decree” in Article 35 of the Act means employees of research institutes and the Research Council. <Amended by Presidential Decree No. 25393, Jun. 25, 2014> [This Article Wholly Amended by Presidential Decree No. 23355, Dec. 8, 2011]
| Article 35 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 37 (1) of the Act, shall be as stipulated in the attached Table. [This Article Newly Inserted by Presidential Decree No. 25393, Jun. 25, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Appointment of Presidents of Research Institutes)
The procedure in progress by the examination committee for the appointment of the president of a research institute or by the committee for the recommendation of the president of a research institute, organized by the Research Council’s board of directors, at the time this Decree enters into force, shall be deemed in progress under this Decree.
Article 3 (Transitional Measure concerning Chairperson of Steering Committee and Heads of Graduate School Universities)
| (1) | The chairperson of the steering committee or the head of a graduate school university, elected or appointed pursuant to the provisions of Article 3-4 (2) or 3-5 (3) of the Enforcement Decree of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes before this Decree enters into force, shall be deemed elected or appointed pursuant to Article 26 (2) or 29 (1) of this Decree: Provided, That the term of office in such cases shall be limited to the term of the chairperson of the steering committee or the head of a graduate school university remaining under previous provisions. |
| (2) | Members of the steering committee, designated or appointed pursuant to Article 3-5 (4) 2 or 5 of the Enforcement Decree of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes before this Decree enters into force, shall be deemed designated or appointed pursuant to the provisions of Article 26 (3) 2 or 5 of this Decree: Provided, That the term of office in such cases shall be limited to the term of each member of the steering committee remaining under previous provisions. |
Article 4 Omitted.
Article 5 (Relationship to Other Statutes and Regulations)
A citation of specific research institutes by any statute or regulation (limited to statutes or regulations, the provisions of which citing specific research institutes was not enacted or amended on or after January 29, 1999), other than the Support of Specific Research Institutes Act and the Enforcement Decree of the aforesaid Act, in force at the time this Decree enters into force shall be deemed to include the Korea Institute of Science and Technology, the Korea Research Institute of Standards and Science, the Korea Institute of Machinery and Materials, the Korea Institute of Energy Research, the Korea Institute of Geoscience and Mineral Resources, the Korea Institute of Ocean Science and Technology, the Korea Electrotechnology Research Institute, the Korea Research Institute of Chemical Technology, the Electronics and Telecommunications Research Institute, the Korea Aerospace Research Institute, the Korea Research Institute of Bioscience and Biotechnology, the Korea Basic Science Institute, the Korea Astronomy and Space Science Institute, and the Korea Institute of Science and Technology Information in specific research institutes under Article 8 (1) of the Act and the table attached thereto.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
Article 2 (Repeal of Other Statute or Regulation)
The Enforcement Decree of the Korean Atomic Energy Research Institute Act shall be repealed.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes and Regulations)
A citation of specific research institutes by any statute or regulation (limited to statutes or regulations, the provisions of which citing specific research institutes was not enacted or amended on or after March 27, 2007), other than the Support of Specific Research Institutes Act and the Enforcement Decree of the aforesaid Act, in force at the time this Decree enters into force shall be deemed to include the Korean Atomic Energy Research Institute in specific research institutes under Article 8 (1) of the Act and the table attached thereto.
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. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23066, Aug. 3, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 23355, Dec. 8, 2011>
This Decree shall enter into force on December 8, 2011.
ADDENDUM <Presidential Decree No. 24272, Dec. 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.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 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: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which have been promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 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.