GWANGJU INSTITUTE OF SCIENCE AND TECHNOLOGY ACT
Act No. 4580, Aug. 5, 1993
Amended by Act No. 6351, Jan. 16, 2001
Act No. 6400, Jan. 29, 2001
Act No. 8852, Feb. 29, 2008
Act No. 9107, jun. 13, 2008
Act No. 9937, Jan. 25, 2010
Act No. 10866, Jul. 21, 2011
Act No. 11677, Mar. 23, 2013
Act No. 12757, Oct. 15, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
Act No. 17347, jun. 9, 2020
The purpose of this Act is to establish Gwangju Institute of Science and Technology in order to contribute to the development of national science and technology by training highly qualified science and technology professionals to lead innovations in cutting-edge science and technology, and by promoting cooperative research with industry as well as educational and research exchanges with foreign countries.
[This Article Wholly Amended on Jan. 25, 2010]
Gwangju Institute of Science and Technology (hereinafter referred to as "GIST") shall be a body corporate.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 3 (Incorporation) |
| (1) | GIST shall be created upon completing registration for incorporation at the location of the principal office. |
| (2) | Matters necessary for the registration for incorporation of GIST and other registrations shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 4 (Articles of Incorporation) |
| (1) | The articles of incorporation of GIST shall include the following: <Amended on Dec. 24, 2020> |
| 3. | The location of the principal office; |
| 4. | Matters concerning its affairs and the implementation thereof; |
| 5. | Matters concerning property and accounting; |
| 6. | Matters regarding executive officers and employees; |
| 7. | Matters regarding the board of directors; |
| 8. | Matters concerning the Senate; |
| 9. | Matters concerning the amendment to the articles of incorporation; |
| 10. | Matters concerning methods of official announcements. |
| (2) | When GIST amends its articles of incorporation, it shall obtain approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to approve amendment of the articles of incorporation under paragraph (2), he/she shall obtain consent thereto from the Minister of Education in advance. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 5 (Executive Officers) |
| (1) | GIST shall have up to 15 directors, including one chairperson and one president, as well as one auditor; their terms of office shall be prescribed by the articles of incorporation. |
| (2) | The directors and the auditor shall be appointed by the board of directors, as prescribed by the articles of incorporation, and they shall obtain approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Where the Minister of Science and ICT intends to approve the appointment of the directors and the auditor under paragraph (2), he/she shall obtain prior consent from the Minister of Education. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The chairperson shall be elected from among the directors, as prescribed by the articles of incorporation. <Amended on Feb. 23, 2013> |
| (5) | The chairperson shall not concurrently hold the office of president of GIST. <Amended on Mar. 23, 2013> |
| (6) | The president shall serve on a full-time basis, whereas other executive officers, excluding the president, shall serve on a part-time basis. <Amended on Mar. 23, 2013> |
| (7) | The auditor shall inspect affairs and audit accounts of GIST. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 6 (Board of Directors) |
| (1) | GIST shall have a board of directors to deliberate and decide on the following matters: <Amended on Dec. 24, 2018; Jun. 9. 2020> |
| 1. | Matters concerning its budget and settlement of accounts; |
| 2. | Matters on appointment and dismissal of directors; |
| 3. | Matters on acquisition, disposal and management of significant property prescribed in the articles of incorporation; |
| 4. | Matters relating to amendment to the articles of incorporation; |
| 5. | Matters on enactment, modification and repeal of significant provisions; |
| 6. | Matters requiring resolution of the board of directors under applicable statutes and regulations or the articles of incorporation; |
| 7. | Other matters for which resolution is deemed necessary by the board of directors. |
| (2) | The board of directors shall be composed of the chairperson and directors. |
| (3) | The chairperson shall convene and preside over meetings of the board of directors. |
| (4) | The auditor may attend meetings of the board of directors and state his/her opinions. |
| (5) | In addition to matters provided for in paragraphs (1) through (4), matters concerning the board of directors shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended on Jan. 25, 2010]
| (1) | GIST shall have a president. |
| (2) | The president shall represent GIST and exercise general supervision over its affairs. |
| (3) | The president shall be elected by the board of directors, as prescribed by the articles of incorporation, and obtain approval from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Where the Minister of Science and ICT intends to approve the election of a president under paragraph (3), he/she shall obtain prior consent from the Minister of education. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | Duties and the term of office of the president and other necessary matters shall be prescribed by the articles of incorporation. <Amended on Mar. 23, 2013> |
| (6) | The president shall not concurrently hold a position of faculty member or researcher. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 8 (Contributions) |
| (2) | Matters necessary for the payment and appropriation of contributions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 9 (Lending of National Property Free of Charge) |
| (1) | Where necessary for the establishment and operation of GIST, the Government may lend national property to GIST free of charge, or allow it to use or make a profit on national property free of charge. |
| (2) | Where the Government lends national property to GIST free of charge, or allows it to use or make a profit on national property free of charge pursuant to paragraph (1), the content and conditions thereof, procedures therefor, etc. shall be stipulated by contract entered into by and between the managing authorities of the relevant property and GIST. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 9-2 (Profit-Making Business) |
| (1) | GIST may conduct profit-making business in so far as it does not interfere with education and research activities, as prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Profits under paragraph (1) shall be appropriated for the management of GIST. |
[This Article Newly Inserted on Jan. 25, 2010]
| Article 10 (Business Year) |
The business year of GIST shall coincide with the fiscal year of the Government.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 11 (Submission of Business Plan) |
| (1) | GIST shall submit a business plan and budget to the Minister of Science and ICT and obtain his/her approval before the commencement of each business year, as prescribed by Presidential Decree. In such cases, it shall submit a business plan and budget on academic affairs also to the Minister of Education. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | GIST shall submit a settlement of accounts concerning revenue and expenditure of each business year examined by a certified public accountant or accounting firm designated by the Minister of Science and ICT to the foregoing Minister. In such cases, it shall submit a settlement of accounts concerning revenue and expenditure on academic affairs also to the Minister of Education. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Among the items mentioned in the settlement of accounts specified in paragraph (2), any of the following may be excluded from the subjects of audit and inspection by a certified public accountant or accounting firm: |
| 1. | Research tasks constituting State secrets; |
| 2. | Affairs directly related to subparagraph 1; |
| 3. | Research tasks on which GIST is requested to protect secrets by a consigning enterprise, etc. among tasks consigned by enterprises. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 12 (Support and Coordination) |
The Minister of Science and ICT shall support and foster GIST, and coordinate and supervise its affairs. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 13 (Academic Degree Courses) |
| (1) | GIST shall provide doctorate, master's and bachelor's degree courses. |
| (2) | The president shall determine matters concerning the number of years required for completing a course of study, semesters, the number of school days, departments, majors, subjects, etc. for each course of study under paragraph (1), as prescribed by Presidential Decree, and report such matters to the Minister of Education and the Minister of Science and ICT. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Except as provided in this Act, the Higher Education Act shall apply to the conferment of a degree of doctorate, master's and bachelor's degree course, qualifications for faculty members, entrance qualifications, methods of entrance, etc. referred to in paragraph (1). |
[This Article Wholly Amended on Jan. 25, 2010]
| (1) | The Senate shall be established within GIST to deliberate on the following matters: Provided, That only consultation is allowed for matters specified in subparagraph 2: |
| 1. | Matters on mid-to-long term development plans; |
| 2. | Important matters on the operation and research of academic programs; |
| 3. | Important matters on the welfare of faculty members, employees, researchers and students; |
| 4. | Important matters prescribed by the articles of incorporation on the operation of GIST; |
| 5. | Matters requiring deliberation as the president, the chairperson, or at least 1/3 of Senate members deem important for the operation of the school. |
| (2) | The Senate shall be comprised of at least 11 senators who represent each group of the school, including faculty members, employees, researchers and students, as well as alumni and those who may contribute to the development of GIST. In such cases, the number of senators belonging to any of the groups shall not exceed 1/2 of the quorum of senators. |
| (3) | Article 19-2 (3) through (6) of the Higher Education Act shall apply mutatis mutandis to matters regarding the chairperson and vice-chairperson of the Senate, the terms of office of Senate members, submission of materials and preparation of minutes. In such cases, “head of a school” shall be construed as “president.” |
| (4) | The Senate shall send the results of deliberation to the president, who shall refer to the board of directors matters which require resolution by the board of directors or are deemed important. |
| (5) | Other matters necessary to organize and operate the Senate shall be determined by the articles of incorporation, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 14 (Faculty Members and Researchers) |
| (1) | GIST may employ professors, associate professors and assistant professors as faculty members, and when necessary, employ visiting professors, instructors, etc. <Amended on July 21, 2011> |
| (2) | GIST shall employ researchers necessary for conducting research on science and technology. |
| (3) | Qualifications for faculty members under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 14-2 (Formulation of Plans for Appointment Based on Equal Opportunities for Both Genders) |
| (1) | GIST shall formulate and implement necessary policies for gender equality in the appointment of its faculty members. |
| (2) | In order to avoid gender bias in appointing faculty members, the president shall, every three years, formulate and implement an employment plan that specifies an appointment target ratio for each college or other plans necessary for implementing proactive measures, in consultation with the Minister of Science and ICT. |
| (3) | Matters necessary for formulating plans, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 27, 2019]
| Article 15 (Appointment and Dismissal of Faculty Members) |
| (1) | The president shall appoint and dismiss faculty members of GIST, as prescribed by the articles of incorporation. <Amended on Dec. 24, 2018> |
| (2) | The faculty members of GIST may be appointed by fixing contract terms such as term of office, salary, working conditions, agreement on achievements and work performance, as prescribed by its articles of incorporation. <Newly Inserted on Dec. 24, 2018> |
| (3) | When the appointment period of a faculty member expires, the president shall give a notice (referring to a written notice; hereafter in this Article the same shall apply) to such faculty member of the fact that his/her appointment period is due to expire and he/she may file an application for deliberation on reappointment, by no later than six months before the expiry of his/her appointment period. <Newly Inserted on Dec. 24, 2018> |
| (4) | Where a faculty member in receipt of a notice under paragraph (3) intends to be reappointed, he/she shall file an application for deliberation on reappointment with the president, within 15 days from the date of receipt of such notice. <Newly Inserted on Dec. 24, 2018> |
| (5) | The president shall decide whether to reappoint the relevant faculty member following deliberation on reappointment by the Faculty Personnel Committee under Article 15-2 (1) and shall notify the faculty member of the result of such decision in writing by no later than two months before his/her appointment period expires. In such cases, when the president decides not to reappoint the faculty member, a notice shall be given specifying the intention not to reappoint him/her and the reasons therefor. <Newly Inserted on Dec. 24, 2018> |
| (6) | When the Faculty Personnel Committee referred to in Article 15-2 (1) deliberates on whether to reappoint the relevant faculty member under paragraph (5), such deliberation shall be based on the objective grounds prescribed by the school regulations, such as the evaluation of the following matters. In such cases, the faculty member shall be provided with an opportunity to attend the Faculty Personnel Committee to state his/her opinions or to submit his/her opinions in writing in the course of deliberation: <Newly Inserted on Dec. 24, 2018> |
| 1. | Matters concerning education of students; |
| 2. | Matters concerning academic research; |
| 3. | Matters concerning industry-academic cooperation; |
| 4. | Matters concerning donatory service. |
| (7) | Where a faculty member who is denied reappointment intends to raise an objection thereto, he/she may file an application for examination with the Teacher’s Appeal Examination Committee established under Article 7 of the Special Act on the Improvement of Teachers’ Status and the Protection of Their Educational Activities, within 30 days from the date he/she becomes aware of such denial. <Newly Inserted on Dec. 24, 2018> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 15-2 (Faculty Members’ Personnel Committee) |
| (1) | The Faculty Members’ Personnel Committee shall be established to deliberate on important matters regarding personnel, such as the appointment of faculty members of GIST. |
| (2) | Matters necessary for the organization, functions, and operation of the Faculty Members’ Personnel Committee shall be prescribed by the articles of incorporation. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 15-3 (Tenured Faculty Members) |
| (1) | The president may, via the deliberation of the Faculty Members’ Personnel Committee of GIST, appoint as a faculty member whose employment until the retirement age is guaranteed (hereinafter referred to as “faculty member guaranteed employment until the retirement age”) a faculty member who receives excellent evaluation with respect to education, academic research, industry-academic cooperation and donatory service or a faculty member who is recognized as an authority in any specific specialized field. <Amended on Jun. 9, 2020> |
| (2) | Persons whose appointment as a faculty member guaranteed employment until the retirement age may be referred for examination, the period subject to evaluation, the number of deliberations, the evaluation items and evaluation methods shall be prescribed by school regulations. |
| (3) | Article 15 (3) through (7) shall apply mutatis mutandis to procedures for deliberation on tenured faculty members. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 16 (Conferment of Degrees) |
The president shall confer doctorate, master's and bachelor's degrees, as prescribed by the GIST Regulations.
[This Article Wholly Amended on Jan. 25, 2010]
The president shall determine the fixed number of students, entrance qualifications, and methods of entrance of GIST, as prescribed by Presidential Decree, and report thereon to the Minister of Education and the Minister of Science and ICT. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 18 (Promotion of International Exchanges) |
The Minister of Science and ICT may recommend the president to invite foreign faculty members or take measures for the study of foreign students in GIST in order to improve the quality of education at GIST and promote academic exchanges with foreign countries. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 19 (Establishment of Fund) |
| (1) | Where necessary to raise and supply funds necessary for efficient pursuit of research and development of science and technology and the operation of academic affairs, GIST may establish a Fund. |
| (2) | The Fund referred to in paragraph (1) shall be financed from: |
| 1. | Contributions or donations of persons other than the Government; |
| 2. | Earnings from the administration of the Fund; |
| 3. | Other income prescribed by Presidential Decree. |
| (3) | The Fund referred to in paragraph (1) shall be appropriated for any of the following purposes: |
| 1. | Disbursement of funds for research and development of science and technology; |
| 2. | Disbursement of funds for the establishment and operation of large-scale educational and research facilities; |
| 3. | Disbursement of funds necessary for other projects prescribed by Presidential Decree to achieve the objectives of the establishment of the Fund. |
| (4) | In addition to matters provided for in paragraphs (1) through (3), matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 20 (Contribution) |
| (1) | Any person who contributes land, research facilities, or research equipment and materials to GIST may use such land, research facilities or research equipment and materials jointly with GIST for a certain period. |
| (2) | Matters necessary for procedures for contribution and joint use of land, research facilities, or research equipment and materials shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 21 (Submission of Research Plan and Research Report) |
| (1) | GIST shall submit a research plan and a research report to the Minister of Science and ICT, as prescribed by Presidential Decree: Provided, That this shall not apply to research under a consignment contract. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall deliberate on and evaluate a research plan and a research report which he/she has received pursuant to paragraph (1), and where necessary, may have GIST take necessary measures, such as revision or supplementation of such research plan and the content of conducted research or recommend diffusion of research outcomes. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 22 (Joint Research on Specific Tasks) |
Where necessary to conduct joint research on a specific task, the Minister of Science and ICT may take appropriate measures necessary therefor, or recommend that the president of GIST take necessary measures. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jan. 25, 2010]
| Article 23 (Joint Use of Research Facilities) |
GIST shall endeavor to jointly use research facilities, apparatus, etc. in consultation with other research institutions, universities, specialized organizations, etc. for improvements in research productivity and efficient use of research facilities. In such cases, any institution using research facilities, apparatus, etc. shall bear relevant expenses.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 24 (Prohibition of Use of Same Name) |
No person, other than GIST under this Act, shall use the name “Gwangju Institute of Science and Technology.”
[This Article Wholly Amended on Jan. 25, 2010]
| Article 25 (Duty to Keep Information Confidential) |
No current or former executive officer or employee of GIST shall divulge or misappropriate confidential information he/she has learned in the course of his/her duty.
[This Article Wholly Amended on Jan. 25, 2010]
| Article 26 (Application Mutatis Mutandis of Civil Act) |
Except as provided for in this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to GIST. [This Article Wholly Amended on Jan. 25, 2010]
| Article 27 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Wholly Amended on Jan. 25, 2010]
| Article 28 (Penalty Provisions) |
Any person who divulges or misappropriates confidential information, in violation of Article 25, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014> [This Article Wholly Amended on Jan. 25, 2010]
| Article 29 (Administrative Fines) |
| (1) | Any person who uses the name “Gwangju Institute of Science and Technology,” in violation of Article 24, shall be punished by an administrative fine not exceeding five million won. <Amended on May 19, 2020> |
| (2) | The Minister of Science and ICT shall impose and collect the administrative fine under paragraph (1), as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 25, 2010]
ADDENDA <Act No. 4580, Aug. 5, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
GIST shall generally inherit rights and obligations which were acquired by the Minister of Science and Technology or the President of Korea Advanced Institute of Science and Technology for the incorporation of GIST before the registration of incorporation under Article 3 of Addenda. Article 3 (Preparation for Incorporation)
| (1) | The Minister of Science and Technology shall commission up to five incorporators within 30 days from the date this Act enters into force and have them conduct business for the incorporation of GIST. |
| (2) | The incorporators shall prepare the articles of association of GIST and obtain approval from the Minister of Science and Technology. In such cases, when the Minister of Science and Technology intends to approve the articles of association, he/she shall obtain consent from the Minister of Education. |
| (3) | Notwithstanding Articles 5 and 7, the Minister of Science and Technology shall appoint the directors, auditor, and president of GIST at the time of incorporation. |
| (4) | When the incorporators obtain approval under paragraph (2), they shall transfer business to the president after completing the registration of incorporation of GIST under joint signature without delay. |
| (5) | The incorporators shall be deemed decommissioned when the transfer of business under paragraph (4) is completed. |
ADDENDUM <Act No. 6351, Jan. 16, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9107, Jun. 13, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9937, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force one month after the date of its promulgation. |
| (2) | (Transitional Measures concerning Change of Title of President) The president under the former provisions at the time this Act enters into force shall be deemed the president under this Act. |
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11677, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12757, Oct. 15, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 6 of the Addenda, the amendments to Acts, which have been promulgated before the effective date of this Act but have not come into force, shall respectively enter into force on the date the relevant Acts enter into force. Articles 2 through 7 Omitted
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16011, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
A contract for appointment concluded before this Act enters into force shall be deemed to have been concluded in accordance with this Act. The same shall apply to reappointment, deliberation on appointment of faculty members guaranteed employment until the retirement age, and dispositions concerning such faculty members.
ADDENDUM <Act No. 16527, Aug. 27, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17258, May 19, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17347, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.