ENFORCEMENT DECREE OF THE MARINE SCIENCE AND TECHNOLOGY PROMOTION ACT
Presidential Decree No. 28164, jun. 27, 2017
Amended by Presidential Decree No. 29677, Apr. 2, 2019
Presidential Decree No. 29967, Jul. 9, 2019
| Article 2 (Changes to Important Matters in Master Plans for Promoting Marine Science and Technology) |
[This Article Wholly Amended by Presidential Decree No. 29967, Jul. 9, 2019]
| Article 3 (Formulation, etc. of Implementation Plans for Cultivation of Marine Science and Technology) |
| (1) | An implementation plan for the cultivation of marine science and technology prescribed in Article 6 (1) of the Act (hereinafter referred to as "implementation plan") shall include the following matters: |
| 1. | Direction-setting for cultivating marine science and technology in the relevant year; |
| 2. | Detailed plans by field for cultivating marine science and technology; |
| 3. | Investment plans for marine science and technology research and development projects and professional human resources fostering programs (hereinafter referred to as "research and development project, etc."); |
| 4. | Matters concerning the name, promotion schedule and budget of a marine science and technology research and development task prescribed in Article 8 (1) of the Act (hereinafter referred to as "research and development task"); |
| 5. | Other matters the Minister of Oceans and Fisheries deems necessary to cultivate marine science and technology. |
| (2) | "Cases where amending minor matters prescribed by Presidential Decree" in the proviso to Article 6 (2) of the Act means any of the following cases: |
| 1. | Where changing the name and promotion schedule of a research and development task; |
| 2. | Where adjusting the budget by research and development task within the budgetary limits of a research and development project, etc. |
| (3) | Deleted. <by Presidential Decree No. 29967, Jul. 9, 2019> |
| Article 4 (Organizational Structure of Marine Science and Technology Committee) |
| (1) | The Marine Science and Technology Committee prescribed in Article 7 (1) of the Act (hereinafter referred to as the "Committee") shall be comprised of not more than 25 members, including two chairpersons. |
| (2) | The Chairpersons of the Committee (hereinafter referred to as "Co-Chairperson") shall be elected from among the Vice-Ministers of Oceans and Fisheries and commissioned members prescribed in paragraph (3) 2. |
| (3) | The following persons shall become the Committee members: |
| (a) | Public officials belonging to the Senior Civil Service of the Ministry of Oceans and Fisheries and holding a position nominated by the Minister of Oceans and Fisheries; |
| (b) | The President of the National Institute of Fisheries Science; |
| (d) | The President of the Korea Institute of Ocean Science and Technology prescribed in the Korea Institute of Ocean Science and Technology Act; |
| 2. | Commissioned members: Persons with abundant professional knowledge and experience in marine science and technology, commissioned by the Minister of Oceans and Fisheries in consideration of gender equality. |
| (4) | The term of office of commissioned members prescribed in paragraph (3) 2 shall be two years. |
| (5) | The Committee shall have one secretary to handle administrative affairs of the Committee, and the secretary shall be appointed by the Minister of Oceans and Fisheries from among the public officials belonging to the Ministry of Oceans and Fisheries. |
| (6) | The Co-Chairpersons shall determine matters necessary for the organizational structure, etc. of the Committee, other than those otherwise provided for in paragraphs (1) through (5), through resolutions of the Committee. |
| Article 5 (Operation of Committee) |
| (1) | The Co-Chairpersons shall represent the Committee individually, and administer the overall affairs of the Committee. |
| (2) | Where both Co-Chairpersons become unable to conduct their duties in extenuating circumstances, a member pre-nominated by the Co-Chairperson who is a Vice-Minister of Oceans and Fisheries shall act on their behalf. |
| (3) | Meetings of the Committee shall be convened where a Co-Chairperson deems it necessary or at the request of the Minister of Oceans and Fisheries, and the Co-Chairpersons shall preside over the meetings in turn. |
| (4) | Meetings of the Committee shall be held in the presence of a majority of registered members; and shall adopt resolutions upon the concurrent vote of a majority of members present. |
| (5) | In order to conduct the duties of the Committee efficiently, the Committee may organize and operate subcommittees and special committees. |
| (6) | Allowances and travel expenses may be paid to members and relevant persons who appear before the Committee, subcommittees and special committees (hereafter in this paragraph, referred to as "Committee, etc.") and paid to experts presenting their opinions: Provided, That such shall not apply where a member of the Committee who is a public official appears before the Committee, etc. directly related to his/her duties. |
| (7) | The Co-Chairpersons shall determine matters necessary for the operation of the Committee, and for the organization, operation, etc. of the subcommittees and special committees, other than those otherwise provided for in paragraphs (1) through (6). |
| Article 6 (Research Institutes and Organizations Eligible to Make Agreements for Research and Development Projects, etc.) |
"Research institutes or organizations working in the field of marine science and technology prescribed by Presidential Decree" in Article 8 (1) 8 of the Act means the following research institutes or organizations conducting affairs related to marine science and technology: | 6. | Domestic and overseas research institutes or organizations, having at least one permanent research personnel member working in the field of marine science and technology. |
| Article 7 (Selection of Research and Development Tasks) |
| (2) | Where the Minister of Oceans and Fisheries organizes and operates a research and development task evaluation team under paragraph (1) (hereinafter referred to as “research and development task evaluation team”), he/she shall exclude interested persons from the research and development task evaluation team to maintain fairness in evaluation. <Amended by Presidential Decree 29967, Jul. 9, 2019> |
| (3) | Matters necessary for the selection of research and development tasks, such as the organization and operation of a research and development task evaluation team, other than those otherwise provided for in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree 29967, Jul. 9, 2019> |
| Article 8 (Conclusion of Agreements) |
| (1) | Where the Minister of Oceans and Fisheries intends to enter into an agreement for a research and development task selected pursuant to Article 7, with an institute or organization to conduct the research and development task pursuant to Article 8 (1) of the Act (hereinafter referred to as "managing research institute"), he/she shall enter into the agreement providing for the following matters, within one month from the date the relevant managing research institute is notified of the selection of the research and development task (or within two months where a managing research institute of a research and development task falls into international joint research defined in subparagraph 15 of Article 2 of the Regulations on the Management, etc. of National Research and Development Projects): |
| 1. | A plan for a research and development task and the supervising researcher thereof; |
| 2. | Matters concerning participant enterprises; |
| 3. | Matters concerning the methods of paying, and appropriating and managing research and development costs; |
| 4. | Matters concerning reporting on the outcomes of research and development; |
| 5. | Matters concerning the ownership and utilization of the outcomes of research and development; |
| 6. | Matters concerning the registration and entrustment of the outcomes of research and development; |
| 7. | Matters concerning the collection and use of royalties; |
| 8. | Matters concerning the evaluation of the outcomes of research and development; |
| 9. | Matters of ensuring ethical research and preventing research misconduct; |
| 10. | Matters concerning the revision and cancellation of the agreement and measures against violation of the agreement; |
| 11. | Matters concerning consent to gathering and utilizing information related to research and development, including a plan for a research and development task; research report; the outcomes of research and development; and participating human resources; |
| 12. | Other matters necessary for research and development. |
| (2) | Where a contribution of a person who is not the Government or a technology development cost of an enterprise (including contributions or costs in kind) is included in the research cost of a research and development task for which a managing research institute intends to enter into an agreement pursuant to paragraph (1), the managing research institute shall enter into a contract with the person who bears such cost before executing an agreement prescribed in paragraph (1). |
| Article 9 (Payment, Management, etc., of Contributions) |
| (1) | The Minister of Oceans and Fisheries may pay contributions prescribed in Article 8 (2) of the Act, in lump sum or in installments, taking into account the size of a research and development task; timing for commencing research; financial matters of the Government; etc. |
| (2) | An institute, organization, etc., which has received a contribution pursuant to paragraph (1), shall manage such contribution by establishing a separate account. |
| (3) | An institute, organization, etc., which has received a contribution pursuant to paragraph (1), shall appropriate such contribution for the following costs related to a research and development task, as prescribed by the Minister of Oceans and Fisheries, and shall have evidential materials whenever appropriating such contribution: |
| 1. | Direct costs, such as labor costs, costs for research equipment and materials, costs for research activities, and costs incurred in performing the research task; |
| 2. | Indirect costs, such as personnel support costs, research support costs, and outcome utilization support costs. |
| (4) | An institute, organization, etc., which has received a contribution pursuant to paragraph (1), shall report the records of appropriating such contribution to the Minister of Oceans and Fisheries by the following classifications: |
| 1. | In cases of multi-year research and development tasks: To report the records of appropriation in a relevant year by no later than the 31st day of March of the following year: Provided, That in cases of a year in which a research and development task ends, to report within three months after the research development task ends; |
| 2. | In cases of research and development tasks except for those in subparagraph 1: To report within three months after such research and development task ends. |
| Article 9-2 (Designation of Korea Sea Grant Program Center) |
| (1) | Standards for designating the Korea Sea Grant Program Center under Article 8-2 (1) of the Act (hereinafter referred to as “center”) shall be as follows: |
| 2. | A center shall be an institution or organization that is equipped with or capable of being equipped with facilities, human resources, and financial abilities enabling it to perform programs stipulated in paragraph (4). |
| (2) | When designating a center under paragraph (1), the Minister of Oceans and Fisheries shall form a center evaluation team, and the designation of the center shall be subject to the evaluation of the center evaluation team. |
| (3) | The designation period of a center under paragraph (1) shall be five years. |
| (4) | A center shall perform the following programs: |
| 1. | Investigating and researching regional marine issues, and researching and developing marine science and technologies; |
| 2. | Disseminating the outcomes of investigation, research, and development under subparagraph 1 to local residents, marine companies, and others, and providing training thereon; |
| 3. | International exchange relating to, among other things, investigating and researching regional marine issues; |
| 4. | Other programs necessary for supporting and cooperating with local residents and marine companies in connection with investigating and researching regional marine issues and the like. |
| (5) | Matters such as the establishment and operation of a center evaluation team and evaluation methods under paragraph (2) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 29967, Jul. 9, 2019]
| Article 9-3 (Evaluation of Center) |
| 1. | Regular evaluation: Once each year over the designation period of the center, the operation and program performance of a center shall be evaluated for the preceding year. In such cases, detailed evaluation items shall be as follows: |
| (a) | Appropriateness in managing working expenses; |
| (b) | The ratio of funds other than subsidies from the Minister of Oceans and Fisheries under Article 8-2 (2) of the Act over total working expenses; |
| (c) | The level of activation in the operation of the center, such as the performance and results of implementing programs over the preceding year; |
| (d) | Other matters determined and publicly notified by the Minister of Oceans and Fisheries for the purpose of evaluating the operation and program performance of the center for the preceding year; |
| 2. | Comprehensive evaluation: The overall operation and program performance of a center shall be evaluated when its designation period expires. In such cases, the detailed evaluation items shall be as follows: |
| (a) | The performance and results of programs performed; |
| (b) | The degree of contribution to resolving regional marine issues; |
| (c) | Other matters determined and publicly notified by the Minister of Oceans and Fisheries for the purpose of evaluating the overall operation and program performance of the center. |
| (2) | “Threshold for cancelling the designation prescribed by Presidential Decree” in Article 8-2 (4) 3 of the Act means below 60 percent of the perfect score based on the results of a regular evaluation under paragraph (1) 1. |
| (3) | Other than those provided in paragraphs (1) and (2), detailed matters regarding the procedures and methods for evaluating centers shall be determined and publicly notified by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 29967, Jul. 9, 2019]
| Article 10 (Pilot Projects) |
| (1) | The Minister of Oceans and Fisheries may conduct a pilot project prescribed in Article 9 (1) of the Act (hereafter in this Article, referred to as "pilot project") directly or as requested by any of the following institutes or organizations referred to in the subparagraphs of Article 8 (1) of the Act. |
| (2) | Where the Minister of Oceans and Fisheries intends to conduct a pilot project pursuant to paragraph (1), he/she shall formulate an action plan for the pilot project, which includes the following matters: |
| 1. | Objectives, strategies, and promotional system of the pilot project; |
| 2. | Marine science and technology to be applied to the pilot project; |
| 3. | Objects and areas subject to the pilot project; |
| 4. | Measures for procuring funding necessary for implementing the pilot project. |
| (3) | An institute or organization requesting a pilot project pursuant to paragraph (1) shall submit the following documents to the Minister of Oceans and Fisheries: |
| 1. | A plan for such pilot project including the matters in the subparagraphs of paragraph (2); |
| 2. | Documents concerning budget, human resources, etc., providable by an institute or organization participating in a pilot project. |
| (4) | The Minister of Oceans and Fisheries shall determine and publish matters necessary for conducting pilot projects, other than those otherwise provided for in paragraphs (1) through (3). |
| Article 11 (Collection of Royalties) |
| (1) | The Minister of Oceans and Fisheries may collect any of the following amounts as royalties pursuant to the main sentence of Article 10 (1) of the Act: |
| 1. | An amount the Minister of Oceans and Fisheries determines within 40 percent of government contributions appropriated for the relevant marine science and technology research and development project; |
| 2. | An amount the Minister of Oceans and Fisheries determines within the scope of government contributions appropriated for the relevant marine science and technology research and development project in consideration of the sales turnover generated by using, transferring, leasing, or exporting the outcomes of the marine science and technology research and development project. |
| (2) | The Minister of Oceans and Fisheries may collect royalties prescribed in paragraph (1) in installments. |
| (3) | The Minister of Oceans and Fisheries shall determine and publish detailed matters concerning collecting royalties, other than those otherwise provided for in paragraphs (1) and (2). |
| Article 12 (Reduction of and Exemption from Royalties) |
| 5. | In cases of managing an enterprise belonging to an enterprise group subject to limitations on mutual investment prescribed in Article 14 (1) of the Monopoly Regulation and Fair Trade Act as an enterprise participating in a relevant research and development task, or working for a relevant enterprise: 30 percent. |
| (2) | The Minister of Oceans and Fisheries may reduce or exempt royalties up to 40 percent for persons who pay royalties in full as lump sum, as determined and published by the Minister of Oceans and Fisheries. |
| Article 13 (Scope, Procedure, etc. of Technology Impact Assessment) |
| (1) | The Minister of Oceans and Fisheries shall determine which technology is to be subject to technology impact assessment prescribed in Article 15 (1) of the Act (hereinafter referred to as "technology impact assessment") among marine science and technology in consideration of technological, economic, social, and other impacts and in consultation with the heads of relevant central administrative agencies. |
| (2) | A technology impact assessment shall include the following matters: |
| 1. | The impact of the relevant technology on the enhancement of convenience and benefit in the lives of the people and on the development of ocean and fishery-related industries; |
| 2. | The impact of the relevant technology on the economy, society, culture, ethics, and environment; |
| 3. | Where the relevant technology has the potential to cause side effects, measures to prevent such side effects; |
| 4. | Other matters the Minister of Oceans and Fisheries deems necessary for such technology impact assessment. |
| (3) | If necessary for a technology impact assessment, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies and the heads of local governments to submit relevant materials. |
| Article 14 (Procedure and Scope of Technology Level Evaluation) |
| (1) | The Minister of Oceans and Fisheries shall conduct a technology level evaluation prescribed in Article 15 (2) of the Act (hereinafter referred to as "technology level evaluation") in consultation with the heads of relevant central administrative agencies. |
| (2) | Technology level evaluation shall include the following evaluation categories: |
| 1. | Comparison of the level of a specific technology of advanced nations with that of the Republic of Korea; |
| 2. | The present level of technology and the level of technology after five years and the time required for developing such technology; |
| 3. | Major factors contributing to achieving the present level of technology; |
| 4. | Measures for improving the level of the relevant technology; |
| 5. | Technological, industrial and economic barriers at the time of developing the relevant technology; |
| 6. | Policy direction-setting, role allocation, and direction-setting for investing resources to develop the relevant technology. |
| Article 15 (Eligibility and Standards for Certification of New Marine Science and Technology) |
| (1) | Technology eligible to be certified as marine science and technology (hereinafter referred to as "new technology") pursuant to Article 17 (1) of the Act shall be any of the following technologies, based on the date an application for new technology certification is filed under paragraph (4) of that Article: |
| 1. | Technology based on an established theory, the development of which is completed by obtaining quantitative evaluation indicators from tests and operations after manufacturing and producing prototypes, etc., and which are commercializable within the coming two years; |
| 2. | Technology based on an established theory, the development of which is completed by obtaining quantitative evaluation indicators from tests and operations after manufacturing and producing prototypes, etc., and which can substantially improve the future performance of existing products; |
| 3. | Process technology which can substantially improve the future productivity and quality of products. |
| 1. | An original technology, domestically developed in a level higher than or equivalent to those of developed nations, and commercializable; |
| 2. | Technology, the technological and economic ripple effects of which are so substantial that it can contribute to empowerment of national technological capability and reinforcement of overseas competitiveness; |
| 3. | Technology which has a quality control system to maintain the performance of products suggested as the objective of development in terms of quality and stability of products; |
| 4. | Technology which has effects and necessity of support following new technology certification. |
| (3) | Detailed matters concerning eligibility and standards for new technology certification, other than those otherwise provided for in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 16 (Examination, Procedure, etc., for New Technology Certification) |
| (1) | Upon receipt of an application for new technology certification pursuant to Article 17 (4) of the Act, the Minister of Oceans and Fisheries shall examine and evaluate as to whether it complies with the eligibility and standards for new technology certification prescribed in Article 15 (1) and (2). |
| (2) | The Minster of Oceans and Fisheries may listen to the opinions of interested persons as to whether the relevant technology falls into the category of new technology when examining and evaluating such technology for new technology certification prescribed in paragraph (1). |
| (3) | Where the Minister of Oceans and Fisheries intends to listen to the opinions of interested persons pursuant to paragraph (2), he/she shall publish the details of technology for which certification is applied in the Official Gazette or on the website of the Ministry of Oceans and Fisheries. |
| (4) | A person who has an interest in new technology published pursuant to paragraph (3) may raise an on objection to the Minister of Oceans and Fisheries within 30 days from the date of publication. |
| (5) | Upon receipt of an objection prescribed in paragraph (4), the Minister of Oceans and Fisheries shall examine and review the details thereof and shall inform the person who has applied for new technology certification and the interested person who has filed the objection of the results thereof. |
| (6) | Matters necessary for procedure, etc. for new technology certification, other than those otherwise provided for in paragraphs (1) through (5), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 17 (Delivery, etc. of Certificates of New Technology Certification) |
| (1) | Where the Minister of Oceans and Fisheries certifies a new technology pursuant to Article 17 (1) of the Act or extends the validity of new technology certification pursuant to paragraph (3) of said Article, he/she shall publish it in the Official Gazette or on the website of the Ministry of Oceans and Fisheries and deliver a certificate of new technology certification (hereafter in this Article, referred to as "certificate"). |
| (2) | Matters necessary for issuing a certificate prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 18 (Procedure for Cancellation, etc., of New Technology Certification) |
| (1) | Where the Minister of Oceans and Fisheries intends to cancel new technology certification pursuant to Article 19 (1) of the Act, he/she shall give advance notice of cancellation, in writing, to the person who has obtained the certification, stating the following matters clearly. In such cases, the person who receives the advance notice may submit explanatory materials within 40 days from the date he/she receives such notice: |
| 1. | Grounds for cancellation; |
| 2. | Period for submitting explanatory materials. |
| (2) | The Minister of Oceans and Fisheries shall determine whether to cancel new technology certification after examining and reviewing explanatory materials submitted pursuant to paragraph (1). In such cases, where the person in receipt of advance notice of cancellation fails to submit explanatory materials within the submission period prescribed in paragraph (1) 2, he/she shall be deemed to have no objection. |
| (3) | Before cancelling new technology certification, the Minister of Oceans and Fisheries may listen to the opinions of relevant experts as to whether to cancel. |
| (4) | Where the Minister of Oceans and Fisheries cancels new technology certification in accordance with paragraph (2), he/she shall notify the relevant persons and interested persons thereof without delay, and publish it in the Official Gazette or on the website of the Ministry of Oceans and Fisheries. |
| Article 19 (Support, etc., for Industrialization or Commercialization of New Technology) |
| (1) | The Minister of Oceans and Fisheries may request the heads of relevant institutions managing the following funds, capital, etc., to provide persons who intend to manufacture or produce products using new technology with financial support or guarantee pursuant to Article 20 of the Act: <Amended by Presidential Decree No. 29677, Apr. 2, 2019> |
| 5. | Other special funds created by the Government to support technology development. |
| (2) | The Minister of Oceans and Fisheries may provide persons who have obtained new technology certification, or persons who manufacture and produce products using new technology, with the following support, pursuant to Article 20 of the Act: |
| 1. | Technical instruction and support for acquiring domestic and overseas quality certification; |
| 2. | Arranging and providing domestic and overseas technology information or provision of technology information in possession without compensation; |
| 3. | Support for using research facilities and equipment; |
| 4. | Preferential measures, such as awarding additional points when selecting persons eligible for projects the Minister of Oceans and Fisheries executes. |
| Article 20 (Scope of Affairs of Korea Institute of Marine Science and Technology Promotion) |
| 1. | Affairs to facilitate, etc. the transfer and commercialization of marine science and technology; |
| 2. | Affairs to manage and utilize information, materials and statistics concerning marine science and technology; |
| 3. | Affairs to support the development of and cultivate marine science and technology; |
| 4. | Affairs to foster professional human resources of marine science and technology; |
| 5. | Affairs to support startups, etc., related to marine science and technology; |
| 6. | Other affairs related to research and development projects, etc., which the Minister of Oceans and Fisheries deems necessary. |
| (2) | The Korea Institute of Marine Science and Technology Promotion prescribed in Article 23 (1) of the Act (hereinafter referred to as "KIMST") may conduct the following profit-making business pursuant to paragraph (6) of said Article: |
| 1. | Business to provide information related to research and development projects, etc.; |
| 2. | Technical consulting business related to research and development projects, etc.; |
| 3. | Other business the Minister of Oceans and Fisheries deems necessary to perform the objectives and cover expenses of KIMST. |
| (3) | Where KIMST intends to conduct profit-making business pursuant to paragraph (2) or intends to change or suspend profit-making business, it shall report to the Minister of Oceans and Fisheries in advance. |
| (4) | KIMST shall submit records of profit-making business and a statement of settlement of accounts of the previous year to the Minister of Oceans and Fisheries by the 31st day of March each year. |
| Article 21 (Delegation and Entrustment of Authority, etc.) |
| (1) | The Minister of Oceans and Fisheries shall delegate the following authority to the President of the National Institute of Fisheries Science, pursuant to Article 25 (1) of the Act: |
| 2. | International joint research and ascertaining international trends in the field of fisheries, among marine science and technology pursuant to Article 21 (1) 1 of the Act; |
| 3. | Formulating policies for activating technical cooperation and exchange between South and North Korea in the field of fisheries pursuant to Article 22 of the Act. |
| (2) | The Minister of Oceans and Fisheries shall entrust the following duties to KIMST pursuant to Article 25 (2) of the Act: <Amended by Presidential Decree No. 29967, Jul. 9, 2019> |
| 7. | Receiving applications for new technology certification and application for the extension of validity of certification pursuant to Article 17 (4) of the Act. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29967, Jul. 9, 2019>
This Decree shall enter into force on July 16, 2019.