ENFORCEMENT DECREE OF THE GWANGJU INSTITUTE OF SCIENCE AND TECHNOLOGY ACT
Presidential Decree No. 13988, Oct. 6, 1993
Amended by Presidential Decree No. 16594, Nov. 12, 1999
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 19743, Dec. 4, 2006
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21103, Nov. 5, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 22610, Jan. 4, 2011
Presidential Decree No. 24468, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26165, Mar. 30, 2015
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28682, Feb. 27, 2018
Presidential Decree No. 29204, Oct. 2, 2018
Presidential Decree No. 29890, jun. 25, 2019
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
The terms used in this Decree shall be defined as follows:
| 1. | The term "number of years of research experience" means the number of years during which a person has been engaged in research in his/her major field of study and in the department closely related to his/her major at a four-year college or higher educational or research institution or at a research institution acknowledged by Gwangju Institute of Science and Technology (hereinafter referred to as "GIST"); |
| 2. | The term "number of years of educational service" means the number of years during which a person has been involved in education in his/her major field of study and in the department closely related to his/her major in a four-year college or higher educational institution; |
| 3. | The term "number of years of work experience" means the number of years of work experience of a person in affairs closely related to his/her major field of study to which he/she is expected to be appointed, which was built in a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") or an institution acknowledged by GIST. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 3 (Registration of Incorporation) |
| (2) | Matters for registration of incorporation under paragraph (1) shall be as follows: |
| 3. | Seat of its principal office; |
| 4. | Names and addresses of its executive officers; |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 4 (Registration of Relocation) |
| (1) | When GIST relocates its principal office, it shall register such fact within two weeks at the seat of its former principal office, and register matters referred to in the subparagraphs of Article 3 (2) within three weeks at the seat of its new principal office. |
| (2) | When GIST relocates its principal office in the jurisdiction of the same registry office, it shall register the relocation within three weeks. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 5 (Registration of Alteration) |
Where any of matters referred to in Article 3 (2) 1, 2, 4 and 5 is altered, GIST shall register such alteration within two weeks at the seat of its principal office. [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 6 (Documents Attached to Application for Registration) |
Documents classified as follows shall be attached to an application for each registration under Articles 3 through 5: | 1. | In cases of registration of incorporation under Article 3: The articles of association; |
| 2. | In cases of registration of the relocation of the principal office under Article 4: Documents proving the relocation of the principal office; |
| 3. | In cases of registration of alteration under Article 5: Documents proving the altered matters. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 7 (Counting of Period of Registration) |
With regard to matters requiring authorization or approval from the Minister of Science and ICT, which shall be registered in accordance with Articles 3 through 5, the period for registration shall be counted from the date of delivery of the written authorization or approval. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 8 (Effect of Registration Other Than Registration of Incorporation) |
Matters requiring registration other than the registration of incorporation may not be asserted against a third party unless the registration has been completed.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 9 (Submission of Request for Contribution Budget) |
| (1) | GIST shall submit a request for contribution budget of the following year to the Minister of Science and ICT along with the following documents by the end of April each year: <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| 1. | A business plan for the following year; |
| 2. | An estimated profit and loss statement and an estimated balance sheet for the following year; |
| 3. | Other documents necessary to clarify the details of budget. |
| (2) | When the Minister of Science and ICT deems the request under paragraph (1) reasonable, he/she shall reflect the details of the request to the budget. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 10 (Notification of Determination on Contributions) |
When the contribution budget is determined, the Minister of Science and ICT shall notify GIST thereof. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 11 (Payment, Management, and Appropriation of Contributions) |
| (1) | Where GIST intends to receive payment of contributions, it shall submit an application for the payment thereof to the Minister of Science and ICT, along with quarterly business plans and plans for budget execution of the relevant year. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Upon receiving an application for payment filed under paragraph (1), the Minister of Science and ICT shall pay contributions in accordance with the quarterly business plans and plans for budget execution insofar as such plans are deemed reasonable. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | GIST, upon receiving payment of contributions pursuant to paragraph (2), shall set up and manage a separate account. |
| (4) | GIST, upon receiving payment of contributions pursuant to paragraph (2), shall appropriate such contributions only for purposes prescribed by the quarterly business plans and plans for budget implementation. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 12 (Business Plans) |
| (1) | GIST shall separately indicate the objectives, policies, content of major projects and required budget in a business plan for the following year, to be submitted pursuant to Article 11 (1) of the Act. |
| (2) | Where GIST intends to alter any major content of a business plan under paragraph (1), it shall submit to the Minister of Science and ICT a business plan specifying the content to be altered and grounds for such alteration and obtain his/her approval. In such cases, where it intends to alter any content concerning academic affairs, it shall also submit the relevant business plan to the Minister of Education. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 13 (Statements of Accounts) |
GIST shall submit a written statement of accounts concerning revenue and expenditure for each fiscal year that has been audited by a certified public accountant designated by the Minister of Science and ICT, along with the following documents, to the Minister of Science and ICT by the end of March of the following year. In such cases, it shall submit matters concerning academic affairs also to the Minister of Education: <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
| 1. | A profit and loss statement and a balance sheet for the relevant year; |
| 2. | A table comparing the business plan for the relevant year and the actual results of the execution thereof; |
| 3. | A written opinion of a certified public accountant who has made the relevant audit and an auditor’s written opinion; |
| 4. | Other documents with which he/she may verify the closing entries. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 14 (Application Mutatis Mutandis of Provisions on Payment of Contributions) |
Where GIST receives contributions from the head of a central administrative agency other than the Minister of Science and ICT, the head of a local government or the head of a public institution, Articles 9 through 13 shall apply mutatis mutandis. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 15 (Disposal of Surplus) |
If any surplus remains at the close of a fiscal year, GIST shall use it to compensate for the losses brought forward, and carry forward the remainder to the following year or transfer the same to the Fund under Article 19 of the Act. [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 15-2 (Organization and Operation of Council) |
| (1) | In establishing the council under Article 13-2 (1) of the Act, council members shall be elected in representation of each constituent unit such as faculty members, employees, researchers, and students: Provided, That if council members include alumni of GIST and persons helpful to the development of GIST, the relevant members shall be commissioned by the president of GIST. |
| (2) | Meetings of the council shall be classified into regular and ad-hoc meetings: Regular meetings shall be held at least once a year, and ad-hoc meetings shall be occasionally held. |
| (3) | Other than those provided for in paragraphs (1) and (2), matters necessary for electing or commissioning council members, meetings of the council, and organizing and operating the council shall be prescribed by the articles of association. |
[This Article Newly Inserted by Presidential Decree No. 29890, Jun. 25, 2019]
| Article 16 (Creation and Administration of Fund) |
| (1) | "Income prescribed by Presidential Decree" in Article 19 (2) 3 means the amount of money transferred to the Fund pursuant to Article 15. |
| (2) | GIST shall open a separate account and manage the Fund created pursuant to Article 19 of the Act, and where it intends to reduce principal of the Fund, it shall obtain approval from the Minister of Science and ICT. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Where any person who has made contribution to the Fund designates a use of such contribution with an intention to use it for a specific project, GIST shall use such contribution for the designated purpose only: Provided, That where it is essential to alter a use for such contribution, it shall obtain approval from the person who has made such contribution. |
| (4) | Where GIST intends to enact regulations on the administration and management of the Fund and on other projects, etc. which require the disbursement of funds in order to achieve the objectives of the establishment of the Fund, it shall obtain approval from the Minister of Science and ICT. The same shall also apply to cases where it amends the regulations. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 17 (Contribution of Land and Joint Use) |
Procedures for contribution of land, research facilities or research equipment and/or materials and the joint use thereof, etc. shall be stipulated by a contract entered into by and between GIST and a person who has contributed the relevant land, research facilities or research equipment and/or materials.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 18 (Organization) |
The president shall determine matters concerning the organization of GIST following a resolution of the board of directors.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 19 (Number of School Days) |
| (1) | The number of school days each year at GIST shall be at least 32 weeks. |
| (2) | In principle, GIST shall divide its academic year into two semesters: Provided, That it may divide it into three or more semesters if necessary. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 20 (Credit Hours, Methods of Completion of Course, Number of Years Required for Graduation, and School Years) |
| (1) | A credit hour of the subject shall be a credit, and matters concerning the methods of completion of a course, such as credits to be acquired for each course, shall be prescribed by school regulations. |
| (2) | In principle, the number of years required to obtain a bachelor's degree shall be four; master’s, two; and doctorate, four. |
| (3) | The minimum school period required for each course and the maximum school years during which attendance at school is permitted shall be prescribed by school regulations. |
| (4) | Departments, majors, and subjects of each course of GIST shall be prescribed by school regulations in consideration of the conditions of development of science and technology. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 21 (Classification of Faculty Members) |
Faculty members under Article 14 of the Act shall be classified into full-time and part-time faculty members. [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 22 (Faculty Qualification Standard) |
| (1) | Faculty members of GIST shall meet the following qualifications, whether they are citizens of the Republic of Korea or foreign country: |
| 1. | An assistant professor shall be a person who has obtained a doctorate degree, an associate professor shall be a person that has at least 4 years of research or educational service experience after obtaining a doctorate degree, and a professor shall be a person that has at least 8 years of research or educational service experience after obtaining a doctorate degree; |
| 2. | A person who has research leadership, the capability of providing quality education, and knowledge and personality as a faculty member. |
| (2) | In the case of paragraph (1) 1, the number of years of research experience and the number of years of educational service may be aggregated. |
| (3) | Deleted. <by Presidential Decree No. 29204, Oct. 2, 2018> |
| (4) | Matters concerning instructors shall be prescribed by school regulations. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 23 (Special Appointment) |
When the president appoints or promotes faculty members, he/she may specially appoint or promote persons whose research achievements are deemed remarkable, following resolutions of the board of directors, notwithstanding Article 22 (1) 1. [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 24 (Mandatory Retirement) |
GIST shall apply the age-limit system to full-time faculty members, and detailed matters shall be prescribed by school regulations, following resolutions by the board of directors.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 25 (Honorary Professors) |
The president may appoint a person who has contributed or is likely to contribute to the development of GIST as an honorary professor in recognition of his/her great personality and moral influence as well as significant research achievement, as prescribed by school regulations.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 26 (Qualification Screening and Evaluation of Achievements) |
| (1) | The president shall perform qualification screening of faculty members and evaluate their achievements. |
| (2) | Criteria for screening and evaluation under paragraph (1) shall be prescribed by school regulations. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 27 Deleted. <by Presidential Decree No. 21103, Nov. 5, 2008> |
| Article 28 (Maximum Number of Students) |
The president shall adjust and set the maximum number of students of GIST, depending on the prospect of demand for human resources in science and technology and the capacity of GIST.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 29 (Report on Maximum Number of Students) |
| (1) | The president shall formulate a plan for the maximum number of students and report such plan to the Minister of Education and the Minister of Science and ICT before an entrance examination. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | The president shall report a list of enrolled students to the Minister of Education and the Minister of Science and ICT within 30 days from the deadline for enrollment. <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 30 (Qualifications for Admission) |
| (1) | Persons who may be admitted to a bachelor's degree course at GIST shall have any of the following qualifications: <Amended by Presidential Decree No. 24468, Mar. 23, 2013; Presidential Decree No. 26165, Mar.30, 2015> |
| 1. | A high school graduate or a person whom the Minister of Education deems to have an equivalent or higher level of scholastic attainment; |
| 3. | A person who is to complete the second grade of high school and deemed by the Scientifically Gifted Selection Committee of GIST to have distinguished ability in the field of science and technology. |
| (2) | Persons who may enter a master's degree course of GIST shall have any of the following qualifications: <Amended by Presidential Decree No. 24468, Mar. 23, 2013> |
| 2. | A graduate, graduate-to-be of a foreign four-year college or a person who has completed school curricula of at least 16 years in a foreign country; |
| 3. | A person whom the Minister of Education deems to have scholastic attainments equivalent to or higher than those stipulated in subparagraph 1; |
| 4. | An undergraduate of a four-year college who meets the requirements prescribed by school regulations. |
| (3) | Persons who may enter a doctorate degree course of GIST shall have any of the following qualifications: |
| 2. | A person who has completed a master's degree course in a foreign university or a person who has completed school curricula of at least 18 years in a foreign country; |
| 3. | A postgraduate student in a master's degree course of GIST or another natural science and engineering research institute, who meets the requirements prescribed by school regulations. |
| (4) | Matters necessary for the composition and operation of the Scientifically Gifted Selection Committee of GIST under paragraph (1) 3 shall be prescribed by school regulations. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 31 (Admission Scheme) |
| (1) | The admission process shall consist of document screening, written tests and interviews, and where the president deems it necessary, he/she may waive part of the admission process. |
| (2) | The president shall determine detailed matters concerning admission scheme, such as the timing of the admission process and allocation of marks for each subject. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 32 (Foreign Students) |
With regard to foreign students, the president shall investigate the kind of university the relevant foreign students graduated from, the number of years required for their graduation, etc., as prescribed by school regulations, and may recognize entrance qualification only for individuals who meet the qualifications for admission under Article 30. <Amended by Presidential Decree No. 26165, Mar.30, 2015> [This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 33 (Exemption from Educational Expenses or Grant for Educational Expenses) |
Students of each course of GIST may be exempted from paying school fees, such as tuition, or may be awarded a grant for educational expenses.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 34 (Submission of Research Plans and Research Reports) |
The following documents shall be attached to a research plan and a research report submitted by GIST pursuant to Article 21 of the Act: | 1. | A table of analysis on domestic and overseas technical trends related to research; |
| 2. | A utilization plan after research and development; |
| 3. | Other reference documents that may explain the details of research. |
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 35 (Provisions on Delegation) |
Matters necessary for the enforcement of this Decree shall be prescribed by school regulations.
[This Article Wholly Amended by Presidential Decree No. 22610, Jan. 4, 2011]
| Article 36 (Standards for Imposing Administrative Fines) |
Standards for imposing an administrative fine under Article 29 (1) shall be listed in the attached Table. [This Article Newly Inserted by Presidential Decree No. 28682, Feb. 27, 2018]
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 16594, Nov. 12, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19743, Dec. 4, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21103, Nov. 5, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22610, Jan. 4, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24468, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
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 were 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.
Article 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26165, Mar. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28682, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Imposition of an administrative fine on a violation committed before this Decree enters into force shall not be included when the number of violations is counted under the amended provisions of the attached Table.
ADDENDUM <Presidential Decree No. 29204, Oct. 2, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29890, Jun. 25, 2019>
This Decree shall enter into force on June 25, 2019.