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ENFORCEMENT DECREE OF THE OPTICAL CONVERGENCE TECHNOLOGY DEVELOPMENT AND FOUNDATION ESTABLISHMENT SUPPORT ACT

Presidential Decree No. 29174, Sep. 18, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Optical Convergence Technology Development and Foundation Establishment Support Act and those necessary for enforcing said Act.
 Article 2 (Organization and Functions of Optical Convergence Technology Policy Conference)
(1) The Optical Convergence Technology Policy Conference (hereinafter referred to as the “Policy Conference”) under Article 6 (1) of the Optical Convergence Technology Development and Foundation Establishment Support Act (hereinafter referred to as the “Act”) shall be comprised of up to 12 members including one Chairperson.
(2) The Chairperson of the Policy Conference (hereinafter referred to as the “Chairperson”) shall be the Vice Minister of Trade, Industry and Energy.
(3) Members of the Policy Conference shall be appointed by the heads of the respective central administrative agencies, from among public officials belonging to the Senior Executive Service in each of the following central administrative agencies:
1. Ministry of Economy and Finance;
2. Ministry of Science and ICT;
3. Ministry of the Interior and Safety;
4. Ministry of Culture, Sports and Tourism;
5. Ministry of Agriculture, Food and Rural Affairs;
6. Ministry of Trade, Industry and Energy;
7. Ministry of Environment;
8. Ministry of Employment and Labor;
9. Ministry of Land, Infrastructure and Transport;
10. Ministry of Oceans and Fisheries;
11. Ministry of SMEs and Startups.
(4) In order to perform affairs of the Policy Conference, a secretary shall be appointed by the Minister of Trade, Industry and Energy, from among the public officials of the Ministry of Trade, Industry and Energy.
(5) The Policy Conference shall discuss and coordinate the following:
1. Formulating and executing policies for assisting in promoting optical convergence technology and creating the foundation therefor;
2. Formulating and implementing a comprehensive plan for optical convergence technology development under Article 5 (1) of the Act;
3. Matters regarding designating an institution responsible for promoting optical convergence technology under Article 12 (1) of the Act;
4. Other matters deemed necessary for promoting optical convergence technology and creating the foundation therefor.
 Article 3 (Operation of Policy Conference)
(1) The Chairperson shall convene and preside over meetings of the Policy Conference.
(2) The Chairperson shall inform each member of the date, venue and agenda items for a meeting at least seven days prior to the date of the meeting: Provided, That this shall not apply in cases of emergency or other inevitable circumstances.
(3) Where the Chairperson is unable to perform his or her duties due to inevitable circumstances, a member appointed beforehand by the Chairperson shall act on his or her behalf.
(4) A Policy Conference meeting shall be held with the presence of the majority of its members in office, and shall adopt a resolution with the concurring vote of a majority of the members present.
(5) The Policy Conference may invite professionals and public officials with expert knowledge of and experience in the relevant field to attend its meeting and present their opinions where deemed necessary.
(6) Other than those prescribed in paragraphs (1) through (5), matters necessary for operating the Policy Conference shall be determined by the Chairperson after resolution by the Policy Conference.
 Article 4 (Fact-Finding Survey Relating to Optical Convergence Technology and Optical Convergence Technology Industry)
(1) A fact-finding survey of the current status of optical convergence technology under Article 7 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall include the following:
1. Status of optical convergence technology and its development trend in Korea and abroad;
2. Export and import status of the industries relating to optical convergence technology;
3. Outlook for the industries relating to optical convergence technology in Korea and abroad;
4. Status of human resources supply and demand in the industries relating to optical convergence technology;
5. Distribution status of the industries relating to optical convergence technology by business line;
6. Investment plans for the development and use of optical convergence technology;
7. Management status of the companies relating to optical convergence technology;
8. Other matters necessary for formulating and implementing policies for optical convergence technology and relevant industries.
(2) The Minister of Trade, Industry and Energy shall preinform those subject to fact-finding survey of the plans including survey schedule, purpose, and other details.
(3) The Minister of Trade, Industry and Energy may use electronic media including electronic communications network and e-mail to efficiently conduct a fact-finding survey.
CHAPTER II CREATING FOUNDATIONS FOR PROMOTING OPTICAL CONVERGENCE TECHNOLOGY
 Article 5 (Requirements and Procedures for Designating Responsible Institution)
(1) The Minister of Trade, Industry and Energy may designate an institution or organization that meets all of the following requirements as an institution solely responsible for optical convergence technology (hereinafter referred to as “responsible institution”) under Article 12 (1) of the Act:
1. The business scope of the institution or organization shall include support for the industries relating to optical convergence technology;
2. The institution or organization shall have a unit and at least 10 staff members dedicated to the duties specified in Article 12 (2) of the Act;
3. The institution or organization shall have office space and facilities necessary for performing the duties specified in Article 12 (2) of the Act.
(2) A person who intends to be designated as a responsible institution shall file with the Minister of Trade, Industry and Energy an application determined and publicly notified by the Minister of Trade, Industry and Energy, together with the documents evidencing compliance with all the requirements in paragraph (1).
(3) Where designating a responsible institution or revoking such designation under Article 12 (1) and (4) of the Act, the Minister of Trade, Industry and Energy shall publicly notify such fact in the Official Gazette and the website of the Ministry of Trade, Industry and Energy.
(4) Specific standards for a dedicated unit, staff members, office space, and facilities under the subparagraphs of paragraph (1) and other details necessary for designation shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
 Article 6 (Organization and Operation of Optical Convergence Technology Research Conference)
(1) The Optical Convergence Technology Research Conference under Article 13 (1) of the Act (hereinafter referred to as the “Research Conference”) shall be comprised of up to 20 members, including one Chairperson, who shall meet any of the following requirements:
1. Industry: A person with at least 10 years of experience at an industrial enterprise, etc. related to optical convergence technology;
2. Academia: A person who served or has served as an assistant professor or higher rank for at least five years at a school under subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
3. Research: A person who held or has held at least the position determined by the Minister of Trade, Industry and Energy at an accredited research institution after obtaining a doctorate in optical convergence technology.
(2) Where deemed necessary or where requested by 1/3 of the members in office, the Chairperson of the Research Conference may convene and preside over a meeting.
(3) A Research Conference meeting shall be held with the presence of the majority of its members in office and shall adopt a resolution with the concurring vote of a majority of the members present.
(4) Other than those prescribed in paragraphs (1) through (3), matters necessary for operating the Research Conference shall be determined by the Research Conference.
 Article 7 (Fostering of Non-Profit Corporations or Organizations)
A corporation or organization that requires fostering under Article 15 (1) of the Act shall be a non-profit one deemed to have delivered an outstanding performance in any of the following and thus publicly notified by the Minister of Trade, Industry and Energy:
1. Assisting companies relating to optical convergence technology in their technological improvement;
2. Assisting companies relating to optical convergence technology in increasing exports;
3. Assisting companies relating to optical convergence technology in obtaining product certification;
4. Assisting in activities for developing and disseminating optical convergence technology and international cooperation therefor.
CHAPTER III SUPPLEMENTARY PROVISIONS
 Article 8 (Entrustment of Authority)
(1) The Minister of Trade, Industry and Energy may entrust the following duties to a responsible institution or other institutions and organizations related to optical convergence technology under Article 18 (2) of the Act:
1. Fact-finding surveys on the current status of optical convergence technology under Article 7 (1) of the Act;
2. Surveys on the trends in optical convergence technology under Article 9 (1) of the Act;
3. Promoting international cooperation as to optical convergence technology under Article 9 (5) and (6) of the Act.
(2) In cases of entrustment under paragraph (1), the Minister of Trade, Industry and Energy shall publicly notify the institution to perform the entrusted duties and details regarding such duties in the Official Gazette.
ADDENDUM
This Decree shall enter into force on September 21, 2018.