ENFORCEMENT DECREE OF THE INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT
Presidential Decree No. 18101, Sep. 19, 2003
Amended by Presidential Decree No. 20570, Jan. 31, 2008
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21291, Feb. 3, 2009
Presidential Decree No. 25408, jun. 30, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26082, Feb. 3, 2015
Presidential Decree No. 26532, Sep. 22, 2015
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 26855, Dec. 31, 2015
Presidential Decree No. 27092, Apr. 12, 2016
Presidential Decree No. 27501, Sep. 21, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28114, jun. 20, 2017
Presidential Decree No. 28901, May 28, 2018
Presidential Decree No. 29421, Dec. 24, 2018
CHAPTER I GENERAL PROVISIONS
| 3. | A general high school that has departments or special courses tailored to or specialized for industrial demand; |
| (2) | "Institutions prescribed by Presidential Decree" in subparagraph 2 (c) of Article 2 of the Act means the following: <Amended by Presidential Decree No. 26551, Sep. 25, 2015> |
| 5. | The Korea Army Academy established at Youngcheon under the Act on the Establishment of the Korea Army Academy at Young-cheon; |
| 6. | The National Police University established under the Establishment of the Korean National Police University Act; |
| (3) | "Research institutes fully meeting the standards prescribed by Presidential Decree" in subparagraph 5 (f) of Article 2 of the Act means research institutes, at least one half of the capital or assets of which have been invested or contributed by the State. |
| Article 3 (Scope of Technologies to be Commercialized) |
"Technology prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act means any of the following: | 1. | Patents, utility models, designs, and other similar intellectual property rights, registered or claimed in an application pending for registration under the Patent Act, the Utility Model Act, the Design Protection Act, and other relevant Acts; |
| 2. | Capital goods into which the technology referred to in subparagraph 1 is integrated; |
| 3. | Information about the technology referred to in subparagraph 1 or 2; |
| 4. | Technological, scientific, or industrial know-how that can be transferred and commercialized. |
| Article 4 (Policies for Career Counseling) |
The State and a local government shall formulate and implement policies for career counseling for students, including the following, to ensure that students can receive industrial education suitable for their aptitudes and abilities, pursuant to Article 3 (2) of the Act: | 1. | Matters concerning establishment, and operation of a career counseling office in each school and placement of, training for faculty members in charge of career counseling; |
| 2. | Matters that require cooperation among faculty members in charge of career counseling, related experts, institutions, organizations, etc. for career counseling; |
| 3. | Development and diffusion of materials and programs necessary for career counseling for students; |
| 4. | Fostering institutions and organizations specializing in the collection, development, and provision of data and information about careers; |
| 5. | Other matters necessary for providing career counseling for students. |
CHAPTER II PROMOTION OF INDUSTRIAL EDUCATION
| Article 5 (Annual Implementation Plans) |
| (1) | The Minister of Education shall inform the heads of relevant central administrative agencies and the heads of local governments (hereinafter referred to as the “heads of relevant central administrative agencies, etc.") of guidelines for formulating implementation plans (hereinafter referred to as "guidelines for formulating implementation plans") by no later than the 31st day of October each year to enable them to formulate and promote their annual implementation plans prescribed in Article 5 (3) of the Act (hereinafter referred to as "implementation plan"). |
| (2) | The Minister of Education may, if necessary for determining guidelines for formulating implementation plans, request the heads of relevant central administrative agencies, etc. to submit necessary materials. |
| (3) | The heads of relevant central administrative agencies, etc. shall submit their implementation plans of the relevant year and the outcomes of promoting their implementation plans of the preceding year to the Minister of Education by no later than the 15th day of January each year. |
| (4) | The Minister of Education shall integrate the implementation plans of the relevant year and the outcomes of promoting the implementation plans of the preceding year that he/she receives from the heads of relevant central administrative agencies, etc. pursuant to paragraph (3) and the implementation plan of the relevant year that he/she has formulated and the outcomes of promoting the implementation plan of the preceding year to undergo deliberation by the National Committee for Industry-Academia-Research Cooperation prescribed in Article 14 (1) of the Act (hereinafter referred to as the "Committee"). |
| (5) | The Minister of Education shall inform the heads of relevant central administrative agencies, etc. of their implementation plans determined after undergoing deliberation by the Committee by no later than the 15th day of March each year. |
[This Article Wholly Amended by Presidential Decree No. 28901, May 29, 2018]
| Article 6 (Short-Term Industrial Education Facilities) |
| (1) | The State or a local government shall establish a short-term industrial education facility as an affiliate with an industrial educational institution when establishing such facility pursuant to Article 6 of the Act. |
| (2) | The period of a course provided by a short-term industrial education facility shall not exceed two years. |
| (3) | The number of students per class in a short-term industrial education facility shall be up to 50 persons. <Amended by Presidential Decree No. 27501, Sep. 21, 2016> |
| (4) | Faculty members and administrative staff members of a short-term industrial education facility may concurrently work as faculty members and administrative staff members of an industrial education institution that has established the short-term industrial education facility. In such cases, the Minister of Education may separately prescribe regulations on the placement of faculty members and administrative staff members of industrial education institutions, based upon their curricula, notwithstanding the provisions concerning the placement of faculty members and administrative staff members under the Enforcement Decree of the Elementary and Secondary Education Act, and the Regulations on the Establishment and Operation of Universities and Colleges. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| (5) | The standards for the facilities and equipment required for a short-term industrial education facility for the operation of its curriculum pursuant to article 6 (2) of the Act shall be in accordance with the provisions of Article 2 of the Regulations on the Establishment and Operation of Schools of Levels of or under High School or Articles 4 and 5 of the Regulations on the Establishment and Operation of Universities and Colleges. <Amended by Presidential Decree No. 27501, Sep. 21, 2016> |
| Article 7 (Establishment, Operation, etc. of Vocational Education and Training Courses by Agreement) |
| (1) | Where an industrial educational institution establishes and operates a vocational education and training course by agreement (hereinafter referred to as "vocational education and training course") pursuant to Article 8 (1) of the Act, it shall ensure that such vocational education and training course does not hinder the education of students attending the industrial educational institution. |
| (2) | Where an industrial educational institution enters into an agreement with the State, local governments, industrial enterprises, business organizations or vocational organizations (hereinafter referred to as "industrial enterprises, etc.") to establish and operate a vocational education and training course, the agreement shall include the followings: <Amended by Presidential Decree No. 28901, May 28, 2018> |
| 1. | Name of the vocational education and training course; |
| 2. | Organization and operation of the vocational education and training course; |
| 3. | Total number of vocational trainees and the selection of such trainees; |
| 4. | Expenses to be incurred in operating the vocational education and training course, and the allocation of such expenses (including the guidelines for calculation of expenses and the method of allocation); |
| 5. | Education and training fees to be paid by vocational trainees; |
| 6. | The period for which the vocational education and training course is established and operated. |
| (3) | Trainees for each vocational education and training course shall be selected, based upon the results of practical tests, aptitude tests, experiments, practice, and interviews, recommendations by the State, a local government, or an industrial enterprise, work experience, etc., and each industrial educational institution shall adopt and apply various methods and standards to base trainees’ selection on their talent, aptitude, ability, etc. |
| (4) | The total number of trainees for each vocational education and training course shall be stipulated by an agreement concluded between an industrial educational institution, and the State, a local government, or an industrial enterprise for each vocational education and training course to the extent that the vocational education and training course does not hinder the education of the industrial educational institution, considering the educational conditions of the industrial educational institution, such as the number of students per faculty member, and the standard surface area of school buildings per student, and the projected supply of, and demand for human resources. |
| (5) | The total amount of education and training fees to be paid by trainees for each vocational education and training course shall not exceed 50/100 of expenses incurred in operating the vocational education and training course prescribed in paragraph (2) 4. |
| Article 8 (Establishment, Operation, etc. of Departments and Faculties by Agreement) |
| (1) | Where an industrial educational institution establishes and operates departments and faculties under an agreement pursuant to Article 8 (1) of the Act (hereinafter referred to as "agreed departments, etc."), such departments, etc. shall provide high school courses, associate degree courses, bachelor's degree courses, master's degree courses, or doctorate courses, whichever the industrial educational institution has been authorized to establish and operate under the Elementary and Secondary Education Act or the Higher Education Act: Provided, That technical high schools, among industrial educational institutions, and various schools defined under subparagraph 7 of Article 2 of the Higher Education Act, which have not been authorized to establish and operate any degree course, may establish and operate agreed any departments, etc. other than high school courses or degree courses. |
| (2) | An industrial educational institution that intends to establish and operate agreed departments, etc. shall prescribe the following matters by its regulations (hereinafter referred to as "school regulations"): |
| 1. | Names of the agreed departments, etc.; |
| 2. | Organization and administration of educational courses; |
| 3. | Standards and methods for admission of students; |
| 4. | The total number of students; |
| 5. | Expenses to be incurred in operating the agreed departments, etc. and the allocation of such expenses; |
| 6. | Tuition fees and other charges to be paid by students; |
| 7. | Semesters and the number of school days; |
| 8. | The period specified for the establishment and operation of the agreed departments, etc.; |
| 9. | Protection of students attending the agreed departments, etc., if the agreed departments, etc. are to be abolished before the end of the period specified for the establishment and operation thereof. |
| (3) | Classes of agreed departments, etc. shall be conducted in the form of regular class attendance, field practice, distance learning, etc., as prescribed by school regulations. |
| 1. | In cases of the agreed departments referred to in Article 8 (1) 1 of the Act: 20/100 of the number or total number of all students admitted for each school year; |
| 2. | In cases of the agreed departments referred to in Article 8 (1) 2 of the Act: 20/100 of the number or total number of all students admitted for each school year: Provided, That it shall be 50/100 if the Minister of Education deems it necessary to enlarge the number or total number of all students admitted for each school year, in consideration of the demand of industrial enterprises, etc. |
| (6) | Where agreed departments, etc. are established and operated, the contribution granted by the State, a local government, or an industrial enterprise shall be at least 50/100 of the expenses incurred in operating the agreed departments, etc. under paragraph (2) 5. |
| (7) | The period specified for the establishment and operation of agreed departments, etc. shall exceed the minimum period necessary for students attending the agreed departments, etc. to obtain a degree or other recognition of their academic achievements. |
| (8) | If a person admitted to an agreed department, etc. in an industrial educational institution under Article 8 (1) 2 of the Act has work experience in a field related to his/her educational course, the head of the industrial educational institution may recognize that the person has completed at least 20/100 of the educational course of the agreed department, etc. |
| (9) | Matters necessary for the establishment and operation of agreed departments, etc., other than those prescribed in paragraphs 1 through 8, shall be determined and publicly notified by the Minister of Education. <Newly Inserted by Presidential Decree No. 28114, Jun. 20, 2017> |
| Article 8-2 (Procedures, etc. for Reporting Agreed Departments, etc.) |
| (1) | The head of an industrial educational institution that intends to establish and operate an agreed department or faculty in accordance with Article 8 (1) of the Act shall submit to the Minister of Education a written report on a plan for establishment and operation of agreed departments, etc. prescribed by Ordinance of the Ministry of Education by no later than two weeks before the date of signing the agreement in accordance with Article 8 (2) of the Act. |
| (2) | The head of an industrial educational institution that intends to abolish an agreed department or faculty shall submit to the Minister of Education a written report on a plan for abolishment of agreed departments, etc. prescribed by Ordinance of the Ministry of Education by no later than two weeks before the scheduled date for abolishment in accordance with Article 8 (3) of the Act. |
[This Article Newly Inserted by Presidential Decree No. 26532, Sep. 22, 2015]
| Article 9 (Joint Operation of Agreed Departments, etc.) |
An industrial educational institution that intends to establish and operate agreed departments, etc. jointly with other industrial educational institutions under an agreement pursuant to Article 8 (1) of the Act shall stipulate the requirements to award academic degrees in the agreement.
| Article 9-2 (Restrictions, etc. on Establishment of Agreed Departments, etc.) |
"Period specified by Presidential Decree" in Article 8-2 (1) and (2) of the Act means the period specified by the Minister of Education within a maximum of three years, respectively. [This Article Newly Inserted by Presidential Decree No. 26532, Sep. 22, 2015]
| Article 10 (Industrial Consulting Service, etc.) |
Upon receipt of a request by the head of an industrial enterprise to provide industrial consulting service or to consult him/her on the use of research equipment, an industrial teacher or the head of an industrial educational institution shall give written notice of the grounds therefor if he/she is unable to accept the request. The same shall also apply where the head of an industrial enterprise receives a request by an industrial teacher to consult him/her on the use of research equipment.
| Article 11 (Standards for Facilities and Equipment) |
| Article 12 (Training of Human Resources for Industrial Technology) |
| 1. | Collecting information about the training of human resources for industrial technology; |
| 2. | Promoting job creation for human resources for industrial technology and facilitating their employment; |
| 3. | Other matters deemed necessary for training human resources for industrial technology. |
| Article 13 (Entities Eligible for Contributions or Subsidies for Training Human Resources for Industrial Technology) |
| Article 14 (Evaluation and Reflection of Achievements, etc. of Industry-Academia-Research Cooperation) |
Pursuant to Article 12-2 of the Act, the head of an industrial educational institution shall establish standards for evaluation of achievements and performance of industrial teachers who participate in industry-academia-research cooperation in order to properly evaluate their achievements and performance, and reflect them in evaluation, promotion, remuneration, etc.
| Article 15 (Supply of New Instruments and Technology) |
| (1) | The State and a local government shall establish and implement a plan to supply new instruments and technology referred to in Article 13 (1) of the Act to industrial educational institutions. |
| (2) | The new instruments and new technology referred to in paragraph (1) shall be those recommended by the Minister of Trade, Industry and Energy, and the heads of industrial enterprises, etc. that have developed and produced a new instrument or new technology, to the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 15-2 (Designation, etc. of Industrial Education Center) |
| 1. | It shall be an institution or organization falling under any of the following: |
| (c) | Non-profit-making juristic person established pursuant to Article 32 of the Civil Act with the aim of running business related to education including industrial education; |
| 2. | It shall have a separate meeting room and office necessary for providing and assisting industrial education. |
| (2) | An institution or organization which intends to be designated as an industrial education center referred to in Article 13-2 (1) of the Act shall file an application with the Minister of Education by attaching the following documents (including documents in electronic form) to the designation application form prescribed by Ordinance of the Ministry of Education: |
| 1. | Articles of incorporation or internal regulations; |
| 2. | Documents regarding the actual status of human resources and facilities; |
| 3. | Business plan related to industrial education; |
| 4. | Other documents prescribed by Ordinance of the Ministry of Education. |
| (3) | When the Minister of Education designates an industrial education center pursuant to Article 13-2 (1) of the Act, he/she shall issue a certificate of designation prescribed by Ordinance of the Ministry of Education to an institution or organization that filed an application for designation. |
| (4) | Matters necessary for designation, etc. of an industrial education center, other than those prescribed in paragraphs 2 and 3, shall be determined and publicly notified by the Minister of Education. |
[This Article Newly Inserted by Presidential Decree No. 28114, Jun. 20, 2017]
CHAPTER II-2 NATIONAL COMMITTEE FOR INDUSTRY-ACADEMIA-RESEARCH COOPERATION
| Article 15-3 (Organization of Committee) |
| (1) | "The heads of central administrative agencies and public officials prescribed by Presidential Decree" in Article 15 (2) 1 of the Act means the Minister of Strategy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Employment and Labor, the Minister of SMEs and Startups, and the Minister of the Office for Government Policy Coordination. |
| (2) | The term of office of members commissioned pursuant to Article 15 (2) 2 of the Act shall be two years, and they may be re-appointed only once. |
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-4 (Dismissal of Members) |
Where a member commissioned pursuant to Article 15 (2) 2 of the Act falls under any of the followings, the President may dismiss the relevant member: | 1. | Where the member becomes unable to perform his/her duties due to mental or physical disability; |
| 2. | Where the member commits a misdeed in connection with his/her duties; |
| 3. | Where the member is recognized to be unsuitable to be a member on such grounds as neglecting duties, injury to dignity and others; |
| 4. | Where the member himself/herself expresses that he/she has difficulties in performing his/her duties. |
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-5 (Operation of Committee) |
| (1) | Where a chairperson appointed by the President as an acting chairperson pursuant to Article 15 (4) of the Act is unable to perform his/her duties due to unavoidable causes, the member appointed by the Prime Minister in advance shall act for him/her. |
| (2) | Where the chairperson intends to convene a meeting, he/she shall inform each member of the Committee of the matters to be referred to the meeting not later than seven days before the meeting date: Provided, That the same shall not apply where it requires urgency or there is any unavoidable cause. |
| (3) | A majority of members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-6 (Hearing Opinions) |
The Committee may, if necessary for deliberating on matters referred to its meetings and for handling other affairs, request relevant institutions and experts to submit materials or opinions, or request relevant persons to appear to hear their opinions.
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-7 (Requests for Investigation and Research) |
| (1) | The Committee may, if necessary for deliberating on matters referred to its meetings and handling affairs, request relevant specialized institutions or experts in Korea or foreign countries to conduct investigations or research. |
| (2) | Where an investigation or research is requested pursuant to paragraph (1), the costs incurred in relation thereto may be paid within budgetary limits. |
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-8 (Allowances) |
Allowances may be paid to members and relevant persons who appear in the Committee and experts, etc. who submit their opinions to the Committee within budgetary limits: Provided, That the same shall not apply where a member who is a public official appears in the Committee in direct connection with his/her duties.
[This Article Newly Inserted by Act No. 28901, May 28, 2018]
| Article 15-9 (Detailed Rules for Operation) |
Except as provided in Articles 15-3 through 15-8, the chairperson shall determine matters necessary for operating the Committee by undergoing resolutions by the Committee. [This Article Newly Inserted by Act No. 28901, May 28, 2018]
CHAPTER III SUBSIDIZATION BY STATE FOR FACILITIES, ETC. FOR EXPERIMENTS AND PRACTICE
| Article 16 (Standards for Subsidization by State) |
| 1. | A subsidy for expenses to install facilities, etc. under Articles 18 (2) and 20 (2) of the Act shall be at least 1/3 of the expenses incurred in installing facilities and equipment necessary for experiments and practice for industrial education; |
| 2. | A subsidy for expenses incurred in operating facilities for experiments and practice under Article 19 (2) of the Act and for experiments and practice in such facilities shall be at least 1/2 of the expenses; |
| 3. | A subsidy for expenses incurred in the in-service training of industrial teachers under Article 19 (3) of the Act shall be the full amount of travel expenses and training fees reimbursed to the teachers who undergo such in-service training. |
| Article 17 (Subsidies for Publication of Textbooks) |
| (1) | The following textbooks are eligible for State subsidies to partially cover the expenses incurred in the publication thereof under Article 22 (2) of the Act: <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Textbooks for industrial education of which the copyright is owned by the Ministry of Education; |
| 2. | Textbooks for industrial education published with authorization from the Minister of Education; |
| 3. | Textbooks approved for industrial education. |
| (2) | A partial subsidy granted under paragraph (1) shall be at least 2/10, but not exceed 5/10 of the total expenses incurred in publishing textbooks referred to in paragraph (1). |
| Article 18 (Criteria for Payment of Scholarships) |
The Regulations on Scholarships shall apply mutatis mutandis to the payment of scholarships under Article 23 of the Act.
CHAPTER IV PROMOTION OF INDUSTRY-ACADEMIA-RESEARCH COOPERATION
| Article 19 (Registration for Establishment of Foundations for Industry-Academia Cooperation) |
| (1) | Matters to be registered for establishing a foundation for industry-academia cooperation under Article 25 (3) of the Act are as follows: |
| 3. | Location of principal office; |
| 4. | Name and address of the chairperson; |
| 5. | Method of making public notification. |
| (2) | An application to register the establishment of a foundation for industry-academia cooperation shall be accompanied by the following: |
| 1. | A copy of school regulations that prescribe the matters concerning the establishment of the foundation for industry-academia cooperation; |
| 2. | A copy of articles of association of the foundation for industry-academia cooperation (hereinafter referred to as "articles of association"); |
| 3. | A copy of the chairperson's letter of acceptance of appointment. |
| Article 20 (Affairs of Foundations for Industry-Academia Cooperation) |
"Activities specified by Presidential Decree" in Article 27 (1) 8 of the Act means the following: Provided, That a foundation for industry-academia cooperation may exclude all or some of the activities referred to in subparagraphs 8 through 11 from its affairs by articles of association, based on the number of its researchers and staff members, the location of its office, etc.: <Amended by Presidential Decree No. 25408, Jun. 30, 2014> | 1. | Overall planning and coordination of industry-academia-research cooperation within the relevant university; |
| 2. | Deleted; <by Presidential Decree No. 25408, Jun. 30, 2014> |
| 3. | Assistance to students in finding jobs through industry-academia-research cooperation; |
| 6. | Collection and provision of information about the supply of, and demand for industry-academia-research cooperation, relevant activities, and public relations activities; |
| 7. | Education and training of personnel in charge of affairs related to industry-academia-research cooperation; |
| 8. | Management of intellectual property rights held either solely by faculty members of the relevant university or jointly with any person other than faculty members, in connection with industry-academia-research cooperation, under outsourcing; |
| 9. | Assistance in collaborative activities between the relevant university and the cooperative research institutes defined under Article 37 (1) of the Act (hereinafter referred to as "cooperative research institutes"); |
| 10. | Assistance to enterprises, research institutes, etc. situated within the premises of the relevant university in a technopark, if all or part of the premises of the relevant university is situated within a technopark defined under subparagraph 1 of Article 2 of the Act on Special Cases concerning Support for Technoparks (hereinafter referred to as "technopark"); |
| 11. | Other assistance to enterprises, research institutes, etc. established and operated within the premises of the relevant university. |
| Article 21 (Revenues of Foundations for Industry-Academia Cooperation) |
| 2. | Usage fees paid by other universities, industrial enterprises, etc. for the use of facilities or equipment for research, experiments, or practice owned by the relevant foundation for industry-academia cooperation. |
| Article 22 (Payment of Rewards) |
| (1) | The amount of rewards to be paid to a faculty member or student who has contributed to funding of a foundation for industry-academia cooperation under Article 32 (1) 4 of the Act shall be determined according to the nature and amount of the funding, the level of his/her contribution, etc., and detailed guidelines for payment shall be stipulated by the articles of association: Provided, That this shall not apply where other statutes expressly prescribe otherwise regarding the payment of rewards. |
| (2) | Rewards under paragraph (1) shall be paid by the chairperson of a foundation for industry-academia cooperation (hereinafter referred to as "chairperson"), subject to approval of the head of the relevant university. |
| Article 23 (Expenditure by Foundations for Industry-Academia Cooperation) |
"Expenses prescribed by Presidential Decree" in Article 32 (1) 8 of the Act means expenses incurred in conducting the following business affairs:
| Article 24 (Accounting of Foundations for Industry-Academia Cooperation) |
| (1) | All revenues and expenditures of a foundation for industry-academia cooperation shall be recorded in the books of account of the foundation for industry-academia cooperation. |
| (2) | For accounting purposes, a foundation for industry-academia cooperation may keep separate books of account by financial source or by business unit, as prescribed by statutes relevant to industry-academia-research cooperation or relevant agreements on industry-academia-research cooperation. |
| Article 25 (Accounting Agencies of Foundations for Industry-Academia Cooperation) |
| (1) | The chairperson shall manage administrative affairs related to the revenues and expenditures of the foundation for industry-academia cooperation. |
| (2) | The chairperson may delegate administrative affairs regarding issuing orders to collect revenues or make disbursements to subordinate staff of the foundation for industry-academia cooperation. |
| (3) | Each foundation for industry-academia cooperation shall have an officer in charge of revenues and an officer in charge of expenditures as executive authorities for its revenues and expenditures. |
| (4) | The officer in charge of revenue, and the officer in charge of expenditures shall each be appointed by the chairperson: Provided, That one person may be appointed as the officer in charge of both revenues and expenditures depending upon the scale of the foundation for industry-academia cooperation. |
| Article 26 (Methods for Payments by Foundations for Industry-Academia Cooperation) |
| (1) | A payment by a foundation for industry-academia cooperation shall be made by the officer in charge of expenditures appointed under Article 25 (3) only when the officer is ordered to make such payment. |
| (2) | Payments by a foundation for industry-academia cooperation shall be made by a check payable by a financial institution or by a transfer to a bank account: Provided, That an amount stipulated as small sum by the articles of association may be paid in cash. |
| Article 27 (Accounting, etc. of Foundations for Industry-Academia Cooperation) |
| (1) | Every foundation for industry-academia cooperation shall keep its accounting based fairly on objective documents and evidence to ensure reliability. |
| (2) | Every foundation for industry-academia cooperation shall prepare financial statements. |
| (3) | The financial statements referred to in paragraph (2) shall be comprised of a statement of financial position, a management statement, and a statement of cash flows. |
| (4) | Further details necessary for keeping accounting and preparing financial statements under paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 28 (Budgeting and Settlement of Accounts of Foundations for Industry-Academia Cooperation) |
| (1) | A foundation for industry-academia cooperation shall have a deliberative body as prescribed by its articles of association, for the deliberation on its budgeting and settlement of accounts. <Newly Inserted by Presidential Decree No. 27092, Apr. 12, 2016> |
| (2) | The chairperson shall draw up a budget bill on the total income and total expenditure every business year, and submit the budget bill, after deliberation by the deliberative body under Article (1), to the head of the relevant university by not later than 20 days before the beginning of a business year. <Newly Inserted by Presidential Decree No. 27092, Apr. 12, 2016> |
| (3) | The head of a university shall confirm the budget bill of the foundation for industry-academia cooperation by not later than ten days before the beginning of the business year of the foundation for industry-academia cooperation. <Newly Inserted by Presidential Decree No. 27092, Apr. 12, 2016> |
| (4) | The chairperson shall submit a settlement of accounts, after deliberation by the deliberative body under Article (1), to the head of the relevant university within 60 days after the end of each business year of the foundation for industry-academia cooperation. <Amended by Presidential Decree No. 27092, Apr. 12, 2016> |
| (5) | The settlement of accounts referred to in paragraph (4) shall be accompanied by the following documents: <Amended by Presidential Decree No. 27092, Apr. 12, 2016> |
| 1. | A statement of financial position and accompanying statements; |
| 2. | A management statement and accompanying documents; |
| 3. | A statement of cash flows; |
| 4. | Other accompanying documents. |
| (6) | The head of a university shall confirm the settlement of accounts of the relevant foundation for industry-academia cooperation within 70 days after the end of the business year of the foundation for industry-academia cooperation. <Amended by Presidential Decree No. 27092, Apr. 12, 2016> |
| Article 29 (Keeping and Disclosure of Settlements of Accounts) |
| (1) | The chairperson shall keep the settlements of accounts for five years at the principal place of business after confirmation under Article 28 (6). <Amended by Presidential Decree No. 27092, Apr. 12, 2016> |
| (2) | The head shall disclose a settlement of accounts upon receipt of a request to disclose it from an interested person. |
The head of a university shall authorize employees or external experts to audit the current situation of property and accounts of the relevant foundation for industry-academia cooperation at least annually, as prescribed by school regulations.
| Article 31 (Plans, etc. of Establishment and Operation of School Enterprises) |
| (1) | The head of an industrial educational institution that intends to establish and operate a school enterprise under Article 36 (1) of the Act (hereinafter referred to as "school enterprise") shall formulate a plan to establish and operate the school enterprise (hereafter referred to as "establishment and operation plan" in this Article), which includes the following: |
| 1. | The location of the school enterprise; |
| 2. | Lines of business and the related faculty, department, or curriculum; |
| 3. | Current status of personnel in charge; |
| 5. | Methods of managing facilities, equipment, machinery, and materials. |
| (2) | The head of an industrial educational institution shall collect opinions from students, faculty members, and other people via the Internet, the newsletter of the industrial educational institution, etc. to formulate an establishment and operation plan. |
| (3) | The head of an industrial educational institution shall include the matters specified in paragraph (1) 1 and 2 in its school regulations upon formulating an establishment and operation plan. |
| (4) | An industrial educational institution that intends to establish and operate a school enterprise shall file for business registration in the name of the head of the industrial educational institution with the head of the tax office having jurisdiction over the location of the school enterprise, prescribed in the Value-Added Tax Act. |
| Article 32 (Locations of School Enterprises) |
| (1) | A school enterprise shall be situated at either of the following places, but an industrial educational institution in the Special Metropolitan City or a Metropolitan City, Do, or Special Self-Governing Province may establish a school enterprise outside the school building or premises, if necessary for the education of students: |
| (2) | Notwithstanding paragraph (1), if the head of an industrial educational institution situated outside of Jeju Special Self-Governing Province intends to establish and operate a school enterprise within Jeju Special Self-Governing Province, no restriction within Jeju Special Self-Governing Province shall be imposed regarding the location of the school enterprise. |
| Article 33 (Lines of Business of School Enterprises) |
Lines of business an industrial educational institution can conduct upon establishing and operating a school enterprise shall be those listed in the Korean Standard Industrial Classification published by the Commissioner of the Korea National Statistical Office under Article 22 of the Statistics Act, excluding the lines of business listed in the annexed Table. In such cases, the line of business shall be related to educational or research activities of a particular faculty, department, or curriculum established and operated by the relevant industrial educational institution.
| Article 34 (Limits on Expenses for Establishment and Operation of School Enterprises) |
The head of an industrial educational institution may use up to 10/100 of the annual gross income in the accounts of the industrial educational institution as expenses incurred in the establishment and operation of the relevant school enterprise, considering the following factors: Provided, That donations for a specified purpose shall not be included in the annual gross income in the accounts of the industrial educational institution:
| 1. | The lines of business of the relevant school enterprise and the number of school enterprises; |
| 2. | The number of faculties, departments, or curricula involved in school enterprises; |
| 3. | The number of school employees and students involved in school enterprises. |
| Article 35 (Supporting Organizations, etc. for School Enterprises) |
| (1) | An industrial educational institution may establish an organization supporting school enterprises as an affiliate of the industrial educational institution or a foundation for industry-academia cooperation. |
| (2) | The supporting organization established under paragraph (1) may employ researchers and other staff members to operate school enterprises effectively. |
| Article 36 (Selection of Industrial Enterprises for In-Service Training, etc.) |
| (1) | The head of an industrial educational institution shall give priority to utilizing school enterprises for in-service training and research of students and faculty members. |
| (2) | If the head of an industrial educational institution finds that a school enterprise is appropriate for in-service training of students, considering its facilities and equipment, the adequacy of its educational and training programs, the number and composition of its personnel, the conditions of practical training, welfare, etc., he/she may select the school enterprise as an industrial enterprise for in-service training under Article 8 of the Vocational Education and Training Promotion Act. |
| (3) | A student who intends to undergo in-service training provided by a school enterprise selected as an industrial enterprise for in-service training under paragraph (2) shall enter into an agreement on the in-service training with the head of the relevant industrial educational institution by no later than seven days before the beginning of such training in the standard form agreement prescribed under Article 6 of the Enforcement Decree of the Vocational Education and Training Promotion Act. |
| (4) | The head of an industrial educational institution shall ensure that the students of a department related to a school enterprise finish in-service training at the school enterprise, as prescribed by school regulations. |
| Article 37 (Recognition of Credits from In-Service Training, etc.) |
| (1) | The head of an industrial educational institution may recognize the completion of an in-service training course at a school enterprise under Article 36 as completion of credits, class hours, or a curriculum in the industrial educational institution within 1/4 of the credits, class hours, or the curriculum to take for graduation from the industrial educational institution, as prescribed by school regulations. |
| (2) | When the head of an industrial educational institution intends to recognize the completion of an in-service training course at a school enterprise under paragraph (1) as completion of credits, class hours, or a curriculum, he/she shall specify the credits, class hours, or the percentage of completion of the curriculum for the relevant in-service training semester, practical training period, or practical training hours in the relevant school regulations. |
| Article 38 (Budget of School Enterprises) |
| (1) | The head of an industrial educational institution shall compile and execute a budget for school enterprises within the limits prescribed by budget-related statutes relevant to industrial educational institutions for each fiscal year of the industrial educational institution. |
| (2) | Further details necessary for compiling and executing a budget for school enterprises under paragraph (1) shall be determined and publicly notified by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 39 (Accounting of School Enterprises) |
| (1) | The head of an industrial educational institution shall keep the books of account of school enterprises fairly in accordance with principles of double-entry bookkeeping based on objective documents and evidence. |
| (2) | Financial statements and consolidated financial statements shall be prepared for keeping the accounts of school enterprises under paragraph (1). |
| (3) | The financial statements and consolidated financial statements referred to in paragraph (2) shall be comprised of a statement of financial position, a management statement, and a statement of cash flows. |
| (4) | Further details about accounting and preparation of financial statements and consolidated financial statements under paragraphs (1) through (3) shall be determined and publicly notified by the Minister of Education. <Amended by Presidential Decree No. 24423, Mar. 23, 2013> |
| Article 40 (Rewards to School Employees, etc.) |
| (1) | When net income is generated from a school enterprise, the head of the relevant industrial educational institution may pay rewards to the school employees and students who have contributed directly to the generation of the income. In such cases, rewards to students shall be paid preferentially as scholarships. |
| (2) | The head of an industrial educational institution that intends to pay rewards under paragraph (1) shall consider the nature and amount of net income, the level of contribution of related school employees and students to the relevant school enterprise, etc. in determining the amount of rewards, and detailed guidelines for payment thereof shall be prescribed by school regulations. |
| Article 41 (Detailed Regulations on Operation of School Enterprises) |
Except as otherwise expressly provided for in this Decree, the head of an industrial educational institution may prescribe further details necessary for establishing and operating school enterprises by its detailed regulations on operation.
| Article 42 (Founders of Technology Holding Companies and Requirements for Establishment) |
| (1) | "Industrial educational institution specified by Presidential Decree" in Article 36-2 (1) of the Act means any of the following institutions: <Newly Inserted by Presidential Decree No. 25408, Jun. 30, 2014; Presidential Decree No. 26551, Sep. 25, 2015> |
| (2) | "Standards prescribed by Presidential Decree" in Article 36-2 (2) 4 of the Act means the following: <Amended by Presidential Decree No. 25408, Jun. 30, 2014> |
| 1. | At least one expert shall be employed for full-time service; |
| 2. | An exclusive area shall be provided. |
| Article 43 (Business Activities of Technology Holding Companies) |
"Business activities prescribed by Presidential Decree" in Article 36-2 (4) of the Act means the following activities: <Amended by Presidential Decree No. 26082, Feb. 3, 2015; Presidential Decree No. 27092, Apr. 12, 2016> | 1. | Advising subsidiaries on technology and management; |
| 2. | Assisting subsidiaries in making initial public offerings; |
| 3. | A merger between a subsidiary and other company, sale of all or some of the stocks of a subsidiary, transfer of all or part of the business of a subsidiary, or the division of a subsidiary; |
| 4. | Assisting a subsidiary in procuring funds; |
| 4-2. | Leasing facilities to subsidiaries; |
| 5. | Transferring technology owned by a technology holding company established for industry-academia-research cooperation (hereinafter referred to as "technology holding company") to a subsidiary, commercializing such technology, and promoting the transfer and commercialization of technology owned by subsidiaries; |
| 6. | Activities for publicity, education, training, and marketing for subsidiaries; |
| 7. | Cooperating with business incubators, laboratory factories, cooperative research institutes provided for in Article 37 (1) of the Act, and enterprises and research institutes established and operated in a technopark or school premises; |
| 8. | Transferring technologies owned by a technology holding company to industrial enterprises; |
| 9. | Creating or operating an investment association to commercialize technologies owned by a technology holding company or invested in subsidiaries; |
| 10. | Facilitating the transfer of technologies owned by the relevant industrial education institution or research institute to industrial enterprises, etc. and the commercialization of such technologies; |
| 11. | Assisting industrial institutions and companies, other than the relevant industrial education institution and subsidiaries, in technology, management, education, and training. |
| Article 44 (Companies Qualified for Subsidiaries) |
"Company prescribed by Presidential Decree" in Article 36-3 (2) of the Act means any of the following: <Amended by Presidential Decree No. 23993, Jul. 26, 2012>
| Article 45 (Grounds for Exemption from Obligation to Hold Stocks of Subsidiaries) |
"Where there exist reasons prescribed by Presidential Decree" in the proviso to Article 36-4 (4) of the Act means the following cases: <Amended by Presidential Decree No. 26082, Feb. 3, 2015> | 1. | Where five years have not passed since a technology holding company failed to meet the standards for holding stocks of subsidiaries due to a transfer of stock; |
| 2. | Where five years have not passed since a technology holding company failed to meet the standards for holding stocks of subsidiaries due to a subsidiary’s merger with another company; |
| 3. | Where five years have not passed since a technology holding company failed to meet the standards for holding stocks of subsidiaries by preferentially allocating stocks of a subsidiary to members of the employee stock ownership association of the subsidiary, out of stocks offered or sold by the subsidiary, under Article 165-7 of the Financial Investment Services and Capital Markets Act; |
| 4. | Where five years have not passed since a technology holding company failed to meet the standards for holding stocks of subsidiaries due to a claim seeking the conversion by a subsidiary of convertible bonds issued under Article 513 of the Commercial Act or due to the exercise of the preemptive right in bonds with warrant issued under Article 516-2 of the aforesaid Act. |
| Article 46 (Use of Income Dividends) |
| (1) | "Activities specified by Presidential Decree" and "purposes specified by Presidential Decree" in the proviso to Article 36-6 and Article 36-6 (2) of the Act means the following: |
| 1. | Purchase, operation, maintenance, and repair of facilities, equipment, and materials for research; |
| 2. | Planning of research and development; |
| 3. | Evaluation of, and compensation for, outcomes of research and development. |
| Article 47 (Concurrent Holding of Office and Leave of Absence by Faculty Members, etc.) |
Procedures for concurrent holding of office and leave of absence of faculty members and employees under Article 36-7 (1) of the Act shall be determined by the head of each institution.
| Article 48 (Cooperative Research Institutes) |
Where the founder and manager of a national university or a private university intends to establish a cooperative research institute within the university premises under Article 37 (1) of the Act, he/she shall hear the opinion of the head of the university, and the founder and manager of a public university shall hear the opinion of the head of the university and submit the relevant matter to the Public Property Council established pursuant to Article 16 (1) of the Public Property and Commodity Management Act for deliberation, if he/she intends to establish a cooperative research institute within the university premises.
| Article 49 (Joint Use of Human Resources) |
| (1) | "Research institutes provided for in Presidential Decree from among research institutes referred to in subparagraph 5 (1) of Article 2" in Articled 37-2 (1) of the Act means any of the following: |
| (2) | To jointly use faculty researchers pursuant to Article 37-2 (2) and (3) of the Act, the head of the relevant university and the head of the relevant research institute shall enter into an agreement that includes the following: |
| 1. | Objectives of appointment of faculty researchers; |
| 2. | Status of faculty researchers at the inviting institution and the term of appointment; |
| 3. | Ratio of service contributed to the employing institution and the inviting institution; |
| 4. | Education or research at the original employing institution and the inviting institution; |
| 5. | Use of the space, facilities, and equipment for research in the inviting institution; |
| 6. | Working conditions at the inviting institution; |
| 7. | Evaluation of performance of faculty researchers; |
| 8. | Ownership of intellectual property rights arising during the term of appointment of a faculty researcher. |
| (3) | Salaries and legal costs for faculty researchers shall be borne by the employing institution in principle, but may be jointly apportioned at a rate adjusted by agreement between the employing institution and the inviting institution based on the ratio of service contributed by each faculty researcher to the employing institution and the inviting institution. |
| (4) | The regulations of the employing institution shall apply to the mandatory retirement age and pension. |
| (5) | Each faculty researcher has a right to enjoy treatment appropriate for the position accorded by the inviting institution and may exercise the authority inherent in the position. |
| (6) | Unless a faculty researcher breaches any condition of an agreement entered into under paragraph (1) during his/her term of service, neither the employing institution nor the inviting institution shall accord any disadvantage to the faculty researcher in his/her status or personnel management. |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), further details necessary for joint use of human resources shall be prescribed by the school regulations or articles of association of the relevant university, and articles of association or the code of service of the relevant research institute, to the extent not inconsistent with relevant statutes. |
| Article 49-2 (Subsidization of Operation Expenses of the Foundations for Industry-Academia Cooperation) |
A local government (limited to a regional local government) may subsidize foundations for industry-academia cooperation of universities and colleges established by the local government for the operation cost of such foundations, including personnel expenses, pursuant to Article 39 (1) of the Act. [This Article Newly Inserted by Presidential Decree No. 27092, Apr. 12, 2016]
| Article 50 (Preparation of Statistics related to Industry-Academia-Research Cooperation) |
"Scope of statistics prepared, and matters to be surveyed" in Article 39-2 (3) of the Act means all activities conducted by industrial education institutions and research institutes for industry-academia-research cooperation.
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 51 (Assistance to Learners in Private Teaching Institutes in Technology) |
| (1) | Pursuant to Article 42 (1) of the Act, the State and a local government may subsidize learners enrolled in a private teaching institute for expenses incurred in relation to their learning, including tuition fees and teaching materials, within budgetary limits. |
| (2) | Subsidization of tuition fees, teaching materials, etc. under paragraph (1) shall be granted only where the State or a local government entrusts education of learners to the founder and manager of a private teaching institute. |
| Article 52 (Entrustment of Administrative Affairs) |
"Corporations or organizations specified by Presidential Decree" in Article 43 of the Act means any of the following: <Amended by Presidential Decree No. 24423, Mar. 23, 2013> | 2. | Other corporations or organizations that the Minister of Education deems appropriate for performing entrusted administrative affairs. |
| Article 53 (Re-Examination of Regulation) |
The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Establishing, operating, etc., departments or faculties under an agreement signed pursuant to Article 8: January 1, 2017; |
| 2. | Standards for facilities and equipment for experiments and practical training provided for in Article 11: January 1, 2017; |
| 3. | Deleted; <by Presidential Decree No. 29421, Dec. 24, 2018> |
| 4. | Restricting lines of business of school enterprises prescribed in Article 33: January 1, 2017; |
| 5. | Requirements for establishing technology holding companies prescribed in Article 42: January 1, 2017; |
| 6. | Companies as subsidiaries entitled under Article 44: January 1, 2017; |
| 7. | Restricting the use of income dividends prescribed in Article 46: January 1, 2017. |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012. Provided, That the amended provisions of Article 27 and 28 shall take effect on January 1, 2013. Article 2 (Repeal of other Statute)
The Regulations on the Establishment and Operation of School Enterprises is hereby repealed.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes)
Any citation to the Enforcement Decree of the Industrial Education Enhancement and Industry-Academia Cooperation Promotion Act, or to any provision thereof in any other statute in force as at the time this Decree enters into force shall be deemed a citation to this Decree or the relevant provision of this Decree in lieu of the former provision if this Decree includes such relevant provision.
ADDENDA <Presidential Decree No. 23993, Jul. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012.
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.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25408, Jun. 30, 2014>
This Decree shall enter into force on July 1, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26082, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Changes in Grounds for Exemption from Obligation to Hold Stocks of Subsidiaries)
Notwithstanding the amended provisions of Article 45, the former provisions shall apply where the period specified in the subparagraphs of the former Article 45 elapsed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 26532, Sep. 22, 2015>
This Decree shall enter into force on September 28, 2015.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27092, Apr. 12, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27501, Sep. 21, 2016>
This Act shall enter into force on September 23, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28114, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Number or Total Number of Students for Each School Year of Agreed Department, etc.)
Notwithstanding the amended provisions of Article 8 (5), former provisions shall apply to the number or total number of students for each school year of an agreed department, etc. until the admission process of 2018.
ADDENDUM <Presidential Decree No. 28901, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.