CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to innovate the implementation system of national research and development programs and to create an autonomous and responsible research environment, thereby enhancing national innovation capabilities and contributing to the development of the national economy and the improvement of citizens’ quality of life.
The definitions of terms used in this Act are as follows:
| 1. | The term “national research and development program” means a program for which a central administrative agency provides a budget or funds for research and development pursuant to statutes and regulations; |
| 2. | The term “research and development project” means a project selected by the head of the competent central administrative agency pursuant to Article 10 in order to promote a national research and development program; |
| 3. | The term “research and development institute” means an institution or organization that conducts a national research and development program, among the following: |
| (a) | A research institute directly established and operated by the State or a local government; |
| (c) | A Government-funded research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (d) | A Government-funded science and technology research institute in the field of science and technology under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| (h) | Other institutions and organizations prescribed by Presidential Decree; |
| 4. | The term “specialized institution” means an institution, designated pursuant to Article 22, that performs all or part of the work under Articles 9 through 19, 21, 31 (3), 33 (1), and 34 (2) on behalf of a central administrative agency to promote its national research and development program; |
| 5. | The term “research and development outcomes” means tangible and intangible outcomes prescribed by Presidential Decree, including products, facilities, equipment and intellectual property rights, that are generated or derived in the process of performing a research and development project or as a result thereof; |
| 6. | The term “research and development data” means any of the following: |
| (a) | Data on the conduct of research and development, such as national research and development programs and research and development projects; |
| (b) | Data on the subject of research and development, such as research and development institutes and researchers; |
| (c) | Data on research and development outcomes, such as the title, type, and owner thereof; |
| (d) | Other data prescribed by Presidential Decree as necessary to promote national research and development programs; |
| 7. | The term “research support” means direct or indirect support through which a research and development institute provides its affiliated researchers with human resources, facilities, equipment, computer systems, etc. necessary to apply for and perform a research and development project and utilize its outcomes so that they can concentrate on research and development; |
| 8. | The term “national research and development activities” means the conduct of a national research and development program, research support, and other activities related to a national research and development program, as follows: |
| (a) | Presenting demand for research and development under Article 9 (2); |
| (b) | Participating in pre-planning under Article 9 (3); |
| (c) | Filing an application for performance of a research and development project through the public contest under Article 9 (4); |
| (d) | Participating in the evaluation group of a research and development project under Article 14 (1); |
| (e) | Participating in a deliberative committee under Article 14 (4); |
| (f) | Participating in a sanctions assessment group under Article 33 (1); |
| (g) | Participating in a committee under Article 33 (4); |
| 9. | The term “royalty” means an amount paid by a licensee to an institution that holds the ownership of research and development outcomes under Article 17 (1) in exchange for a license to practice research and development outcomes (referring to the use, transfer, lending, exportation, or subscription for transfer or lending of research and development outcomes; hereinafter the same shall apply). |
| Article 3 (Scope of Application) |
Articles 9 through 18 shall not apply to a national research and development program falling under any of the following: | 1. | A program directly conducted by a central administrative agency (including its affiliated organizations) for the work under its jurisdiction; |
| 2. | A program promoted with a fixed amount paid in accordance with an agreement or treaty concluded by the Government with an international organization or a foreign government, institution or organization; |
| 3. | A program in the field of national defense composed of classified tasks under Article 21 (2); |
| 4. | A program promoted for the purpose of policy development or investigation into or research on major policy issues; |
| 5. | A program that reimburses expenses incurred for the vicarious execution of work by a specialized institution or the performance of work entrusted under Article 38. |
| Article 4 (Relationship to Other Statutes) |
This Act shall take precedence over other statutes in relation to the promotion of national research and development programs: Provided, That with respect to a national research and development program falling under any of the following subparagraphs, if another statute has separate provisions that are different from those described in Articles 9 through 12, 14 and 15, such other statute shall prevail: | 1. | A basic project for an institution directly established pursuant to another statute (referring to a research and development program conducted with a budget directly contributed by the Government to achieve the purpose of establishment pursuant to the articles of association); |
| 3. | A project to support universities under the Sciences Promotion Act and other statutes, as prescribed by Presidential Decree. |
| Article 5 (Government’s Responsibilities) |
In order to achieve the purpose of this Act, the Government shall formulate and implement policies for the following:
| 1. | Transparently and fairly implementing and efficiently managing national research and development programs; |
| 2. | Enhancing the effectiveness of national research and development programs, taking into account the division of roles between the private and public sectors; |
| 3. | Cooperation among research and development institutes, technology-academia-industry convergence, and promotion of creative and aggressive research and development; |
| 4. | Support for enhancing research and development capabilities including the creation of an optimal research environment for researchers and research and development institutes; |
| 5. | Building a system that puts its top priority on the autonomy of researchers and research and development institutes; |
| 6. | Building a system for securing the accountability of researchers and research and development institutes; |
| 7. | Inducing the spread of open innovation and promoting the utilization and commercialization of research and development outcomes through the disclosure of research and development data; |
| 8. | Inspecting national research and development activities in consideration of the characteristics of research and development; |
| 9. | Matters necessary for research and development institutes and researchers to fulfill their accountability and roles under Articles 6 and 7. |
| Article 6 (Responsibilities and Roles of Research and Development Institutes) |
In order to achieve the purpose of this Act, a research and development institute shall faithfully fulfill the following:
| 1. | Endeavoring to strengthen research and development capabilities and to efficiently conduct research and development; |
| 2. | Making the best efforts to support research so that its affiliated researchers can create excellent research and development outcomes; |
| 3. | Ensuring that its affiliated researchers does not have excessive workload other than the research and development work of their own; |
| 4. | Endeavoring to ensure that its own research and development outcomes can be expeditiously and accurately confirmed as a right, and protected effectively; |
| 5. | Endeavoring to ensure that its own research and development outcomes can be widely used economically and socially; |
| 6. | Endeavoring to reward its affiliated researchers for contributing to the creation and utilization of research and development outcomes; |
| 7. | Taking necessary measures for its affiliated researchers to fulfill their responsibilities and roles pursuant to Article 7. |
| Article 7 (Responsibilities and Roles of Researchers) |
| (1) | In order to achieve the purpose of this Act, a researcher shall faithfully fulfill the following: |
| 1. | Faithfully performing national research and development activities based on self-regulation and accountability; |
| 2. | When performing national research and development activities, aggressively demonstrating his or her own ability and creativity, but considering the economic and social impacts thereof; |
| 3. | Complying with research ethics, and performing national research and development activities truthfully and transparently. |
| (2) | A researcher who exercises overall control over a research and development project (hereinafter referred to as “research director”) shall ensure that researchers participating in the research and development can devote themselves to research and development activities. |
| Article 8 (Supervision of Affairs Related to Promotion of National Research and Development Programs) |
| (1) | The Minister of Science and ICT shall exercise general control over the affairs related to the promotion of national research and development programs, and the head of a central administrative agency shall supervise the affairs related to the promotion of the national research and development programs under his or her jurisdiction. |
| (2) | Where the head of a central administrative agency intends to enact, amend or repeal any of the statutes and regulations and the directives, public notifications, guidelines, etc. prescribing matters delegated by or matters concerning the enforcement of statutes and regulations (hereinafter referred to as “statutes and regulations, etc.”) necessary to promote the national research and development programs under his or her jurisdiction, he or she shall consult with the Minister of Science and ICT thereabout. |
CHAPTER II PROMOTION OF NATIONAL RESEARCH AND DEVELOPMENT PROGRAMS
| Article 9 (Preannouncements and Public Contests) |
| (1) | The head of a central administrative agency shall annually formulate a plan for promoting a national research and development program under his or her jurisdiction, and preannounce matters prescribed by Presidential Decree, such as research and development expenses (referring to research and development expenses under Article 13 (1)) for a research and development project and public contest schedules. |
| (2) | The head of a central administrative agency shall regularly survey the demand for research and development and reflect the result in promoting national research and development programs: Provided, That he or she may choose not to reflect the result of demand survey in the fields prescribed by Presidential Decree, such as the strategic support of fields necessary for national security, accident and disaster preparedness, and policy promotion. |
| (3) | If deemed necessary, the head of a central administrative agency may discover a research and development project through pre-planning. |
| (4) | The head of a central administrative agency shall select a research and development project and a research and development institute that performs such project by means of a public contest: Provided, That in cases falling under any of the following subparagraphs, such research and development project and research and development institute may be selected by means of designation, etc. other than a public contest: |
| 1. | Where a research and development project has a significant impact on national security or society and economy; |
| 2. | Where the Government specifies a research and development project and a research and development institute in accordance with an agreement or a treaty concluded with an international organization or a foreign government, institution or organization; |
| 3. | Where a research and development institute is designated in accordance with statutes and regulations; |
| 4. | Where it is necessary to promote a national research and development program as a policy in order to cope with urgent social and economic situations, such as accidents, disasters, and deterioration of economic conditions; |
| 5. | Where research and development institutes that can perform a research and development project are limited and there is no practical benefit in proceeding with a public contest. |
| (5) | Procedures for preannouncing plans for promotion under paragraph (1), demand surveys under paragraph (2), details of pre-planning under paragraph (3), and public contest and selection procedures under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 10 (Selection of Research and Development Projects and Research and Development Institutes Performing Such Projects) |
| (1) | The head of a central administrative agency shall first review the matters prescribed by Presidential Decree, such as whether an institution, organization, or researcher that has filed an application for performance of a research and development project is subject to a restriction in participation under Article 32. |
| (2) | The head of a central administrative agency shall select a research and development project and a research and development institute that performs such project after evaluating the following matters (hereinafter referred to as “proposal evaluation”): Provided, That he or she may decide not to evaluate some or all of the matters falling under subparagraphs 3 through 5 in consideration of the purpose and nature of the relevant national research and development program: |
| 1. | Creativity of a research and development project and faithfulness of execution plans; |
| 2. | Research and development capabilities of a researcher or his or her affiliated institution or organization; |
| 3. | Academic, technical, social, and economic ripple effects of a research and development project and the possibility of utilizing research and development outcomes; |
| 4. | Conformity with the statutes and regulations on which the national research and development program is grounded, and with a plan for promoting the national research and development program; |
| 5. | Other matters prescribed by Presidential Decree. |
| (3) | Detailed standards and procedures for proposal evaluation shall be prescribed by Presidential Decree. |
| Article 11 (Agreements on Research and Development Projects) |
| (1) | Where a research and development project and a research and development institute that performs such project are selected pursuant to Article 10, the head of a central administrative agency shall conclude an agreement with the selected research and development institute, including the following matters. In such cases, the term of the agreement shall be the total research and development period of the relevant research and development project: |
| 1. | A plan for performing the research and development project (including a general plan for using research and development expenses pursuant to Article 13); |
| 2. | Powers and duties of the central administrative agency, and rights and duties of the research and development institute and researchers participating in the research and development project; |
| 3. | Matters prescribed in this Act concerning performance of the research and development project; |
| 4. | Other matters prescribed by Presidential Decree, which are necessary to perform the research and development project. |
| (2) | Where the parties to an agreement under paragraph (1) deem that it is necessary to add or change a research and development institute or to modify any of the significant matters concerning performance of the research and development project, such as the research director, research and development goals, research and development expenses, and research and development period, they may modify the agreement on the research and development project through mutual consultation, as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (2), minor matters, prescribed by Presidential Decree, in the agreement on the research and development project shall be deemed to have been modified by notification between the parties to the agreement. |
| (4) | Where the research and development project is suspended pursuant to Article 12 (3) or 15 (1), the head of the central administrative agency shall cancel the agreement on the research and development project and take necessary measures, such as settlement of research and development expenses. |
| (5) | Procedures for conclusion, amendment, and cancellation of agreements on research and development projects under paragraphs (1) through (4), and the details of measures under paragraph (4), shall be prescribed by Presidential Decree. |
| Article 12 (Performance and Management of Research and Development Projects) |
| (1) | The total research and development period of a research and development project shall not exceed 10 years, and the research and development institute and researchers participating in the research and development project may divide the research and development period into several stages. |
| (2) | The head of a central administrative agency shall conduct a stage evaluation (referring to the evaluation conducted at the end of each stage of a research and development project; hereinafter the same shall apply) and a final evaluation (referring to the evaluation conducted at the end of a research and development period; hereinafter the same shall apply) on matters prescribed by Presidential Decree, such as the performance process of research and development project and research and development outcomes: Provided, That in cases prescribed by Presidential Decree, such as a research and development project categorized as a classified task pursuant to Article 21 (2) or a research and development project whose evaluation is deemed unnecessary by the head of the central administrative agency, he or she may decide not to conduct such stage evaluation or final evaluation. |
| (3) | The head of a central administrative agency may supplement, modify or suspend a research and development project, or reduce or increase research and development expenses, based on the results of stage evaluation, and provide additional support, such as linkage between the project and a subsequent research and development project, based on the results of final evaluation. |
| (4) | A research and development institute and a research director shall submit an annual report on the performance of a research and development project for the relevant year (hereinafter referred to as “annual report”) to the head of the competent central administrative agency. |
| (5) | A research and development institute and a research director shall submit a stage report (referring to a report on the performance of the research and development project at the relevant stage) to the head of the competent central administrative agency at the end of each stage of the research and development project, and when the research and development period expires, a final report (referring to a report on the performance of the research and development project during the total research and development period; hereinafter the same shall apply) to the head of the competent central administrative agency. In such cases, the annual report for the relevant year shall be deemed to have been submitted. |
| (6) | Upon receipt of a request from the head of a central administrative agency, a research and development institute and a research director shall submit a report on the utilization of research and development outcomes (hereinafter referred to as “report on utilization of outcomes”) to the head of the central administrative agency after the research and development period expires. |
| (7) | The head of a central administrative agency may require a research and development institute and a research director to submit a report or data concerning the research and development project. |
| (8) | The requirements for suspension of research and development projects under paragraph (3), and the details of reports and procedures for submission thereof under paragraphs (4) through (6), shall be prescribed by Presidential Decree. |
| Article 13 (Payment and Use of Research and Development Expenses) |
| (1) | Research and development expenses for a research and development project shall include research and development expenses reimbursed by the Government and research and development expenses borne by the research and development institute as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency may determine the frequency, timing, conditions and methods of payment of research and development expenses, taking into consideration the purpose and nature of the national research and development program under his or her jurisdiction. |
| (3) | Research and development expenses shall consist of the following costs, and the purpose of use thereof shall be prescribed by Presidential Decree: |
| 1. | Direct costs: Costs incurred by a research and development institute in performing research and development projects, which can be directly calculated from individual research and development projects; |
| 2. | Indirect costs: Costs commonly incurred by a research and development institute in performing research and development projects, which cannot be directly calculated from individual research and development projects. |
| (4) | A research and development institute shall appropriate and use research and development expenses in accordance with the standards for use of research and development expenses publicly notified by the Minister of Science and ICT, including the following: |
| 1. | Appropriation limit of and recognition standards for direct costs and indirect costs, and methods and procedures for settlement of expenses, according to the types of research and development institutes; |
| 2. | Indirect cost appropriation standards by research and development institute; |
| 3. | Matters concerning cases where prior approval is required to modify a plan for use of research and development expenses; |
| 4. | Other matters prescribed by Presidential Decree. |
| (5) | A research and development institute shall use and manage research and development expenses through the integrated information system under Article 20. |
| (6) | A research and development institute shall annually report the details of use of research and development expenses for the relevant year to the head of the competent central administrative agency. |
| (7) | The head of a central administrative agency shall conduct the settlement of research and development expenses within three months after the end of each stage of the research and development project, and may take necessary measures, such as recovery of research and development expenses, according to the settlement result. |
| (8) | Detailed standards and procedures for reporting the details of use of research and development expenses under paragraph (6) and for conducting the settlement of and recovering research and development expenses under paragraph (7) shall be prescribed by Presidential Decree. |
| Article 14 (Evaluation of Research and Development Projects) |
| (1) | When conducting a proposal evaluation, stage evaluation, final evaluation, and special evaluation under Article 15 (1), the head of the central administrative agency shall organize an evaluation group of a research and development project (hereafter referred to as “evaluation group” in this Article) to conduct such evaluation. |
| (2) | An evaluation group shall be comprised of professionals with abundant knowledge and experience in the relevant field, taking into consideration the intent and purpose of the national research and development program to be promoted, in order to secure professionalism in evaluation: Provided, That a person who has a direct interest in the relevant research and development project and is likely to significantly undermine fairness in evaluation shall not be included in the evaluation group. |
| (3) | Notwithstanding paragraph (1), a research and development project selected by other means than a public contest on grounds of any of the subparagraphs of Article 9 (4) or a classified task under Article 21 (2) shall not be subject to the organization of an evaluation group or the application of the proviso of paragraph (2) in organizing an evaluation group. |
| (4) | The head of a central administrative agency shall organize a deliberative committee for each national research and development program in order to deliberate on the results of evaluation by the evaluation group, as prescribed by Presidential Decree, and finalize the results of evaluation by the evaluation group after deliberation by the deliberative committee: Provided, That the same shall not apply where the head of the central administrative agency deems that it is not necessary to undergo deliberation by the deliberative committee. |
| (5) | The head of a central administrative agency shall notify a person prescribed by Presidential Decree, such as the relevant research and development institute, of the results of evaluation finalized pursuant to paragraph (4). |
| (6) | A person who is notified of the results of evaluation pursuant to paragraph (5) may file an objection with the head of the competent central administrative agency within 10 days after he or she is notified of the results of evaluation. |
| (7) | The head of a central administrative agency shall hear the opinions of the persons concerned and take necessary measures within 30 days from the date of receiving the objection under paragraph (6), and shall immediately notify the person who filed the objection of the result thereof. |
| (8) | The standards for organizing evaluation groups, the organization and operation of deliberative committees under paragraph (4), and the procedures for filing objections under paragraph (6) shall be prescribed by Presidential Decree. |
| Article 15 (Change and Suspension of Research and Development Projects through Special Evaluation) |
| (1) | The head of a central administrative agency may change the goals of research and development, the research director, etc. in a research and development project or suspend the performance of the research and development project after conducting the evaluation to determine whether to change or suspend the research and development project (hereinafter referred to as “special evaluation”), if any of the following subparagraphs applies. In such cases, the research and development institute notified of the conduct of the special evaluation shall not additionally defray research and development expenses for the research and development project subject to evaluation until the results are finalized: |
| 1. | Where misconduct is committed in the national research and development program under Article 31 (1) while conducting the research and development project; |
| 2. | Where the research director is restricted from participating in national research and development activities under Articles 32 and 33; |
| 3. | Where it is deemed unnecessary to continue the research and development project due to any change in research and development environment; |
| 4. | Where the head of the central administrative agency complies with the request under paragraph (2); |
| 5. | Where the researcher or research and development institute that performs the research and development project fails to fulfill the obligation under this Act or the relevant agreement, or it is deemed impossible to continue the research and development project; |
| 6. | Other cases prescribed by Presidential Decree where it is necessary to change or suspend the research and development project. |
| (2) | If any of the following subparagraphs applies, the research and development institute or research director may make a request for changing the goals of research and development, the research director, etc. in the research and development project or for suspending the performance of the research and development project: |
| 1. | Where it is deemed unnecessary to continue the research and development project due to any change in research and development environment or the early achievement of the goals of the research and development project; |
| 2. | Where it is deemed impossible to continue the research and development project. |
| (3) | Procedures for change and suspension under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 16 (Ownership and Management of Research and Development Outcomes) |
| (1) | The right to research and development outcomes shall in principle be succeeded from the relevant researcher to the research and development institute that has performed the research and development project. |
| (2) | Notwithstanding paragraph (1), research and development outcomes may be owned by the researcher or jointly owned by more than one research and development institute, depending on the pattern of the research and development outcomes and the type and weight of participation in the research and development project. |
| (3) | Notwithstanding paragraphs (1) and (2), the head of a central administrative agency may revert the ownership of research and development outcomes to the State, in any of the following cases: |
| 1. | Where it is necessary for national security; |
| 2. | Where it is necessary to utilize research and development outcomes for the public interest; |
| 3. | Where the relevant research and development institute is located overseas; |
| 4. | Other cases prescribed by Presidential Decree where it is inappropriate for the relevant research and development institute to own research and development outcomes. |
| (4) | The head of a central administrative agency may entrust the management of research and development outcomes which are owned by the State under paragraph (3) to a specialized institution or research and development institute. |
| (5) | Standards and procedures for managing research and development outcomes owned by research and development institutes pursuant to paragraph (1), and detailed standards for ownership of research and development outcomes pursuant to paragraph (2), shall be prescribed by Presidential Decree. |
| Article 17 (Utilization of Research and Development Outcomes) |
| (1) | A research and development institute that owns research and development outcomes (hereinafter referred to as “research and development outcomes-owning institute”) shall take necessary measures, such as the maintenance, management and sharing of research and development outcomes, the disclosure and inter-connectedness of information on research and development outcomes, and the additional research and development related to research and development outcomes, so that the research and development outcomes can be widely utilized. |
| (2) | Where a research and development project is completed, the research and development institute and the researcher shall disclose a final report on the research and development project and information on the research and development outcomes, as prescribed by Presidential Decree: Provided, That when the research and development project is categorized as a classified task pursuant to Article 21 (2) or approval is obtained from the head of a central administrative agency as prescribed by Presidential Decree, such disclosure is not required. |
| (3) | A research and development outcomes-owning institute and a researcher shall actively comply with another researcher’s request for sharing the research and development outcomes. |
| (4) | The head of a central administrative agency shall provide necessary support for sharing research and development outcomes. |
| (5) | The head of a central administrative agency may conduct a follow-up investigation (referring to an investigation and analysis through an outcome utilization report, etc. to ascertain whether the measures pursuant to paragraph (1) are properly taken; hereinafter the same shall apply) to promote the utilization of research and development outcomes. |
| (6) | Details of and procedures for the measures under paragraph (1), the support under paragraph (4), and the follow-up investigations under paragraph (5) shall be prescribed by Presidential Decree. |
| Article 18 (Collection and Use of Royalties) |
| (1) | A research and development outcomes-owning institute may allow a person who intends to practice the research and development outcomes to practice such outcomes after entering into an agreement with him or her on the terms and scope of license, royalties, and the method of paying royalties. In such cases, the research and development outcomes-owning institute shall collect royalties. |
| (2) | Where a research and development outcomes-owning institute prescribed by Presidential Decree, such as a company under Article 169 of the Commercial Act, collects royalties or directly conducts research and development outcomes of its own, it shall pay some of the royalties or some of the gains generated from the research and development outcomes to the head of the central administrative agency that reimbursed the research and development expenses of the relevant national research and development program. |
| (3) | Notwithstanding the latter part of paragraph (1), the research and development outcomes-owning institute may reduce or exempt all or some of the royalties to be collected. |
| (4) | Notwithstanding paragraph (2), the head of the central administrative agency may reduce or exempt all or some of the amount payable. |
| (5) | The research and development outcomes-owning institute shall use the royalties collected pursuant to paragraph (1) for any of the following: |
| 1. | Compensation for researchers who participated in the research and development project and employees who contributed to the utilization of outcomes; |
| 2. | Re-investment in research and development; |
| 3. | Other uses prescribed by Presidential Decree. |
| (6) | The standards for payment under paragraph (2), the standards for reduction and exemption under paragraphs (3) and (4), and the detailed standards for the use of royalties under paragraph (5), shall be prescribed by Presidential Decree. |
CHAPTER III CREATION OF NATIONAL RESEARCH AND DEVELOPMENT INNOVATION ENVIRONMENT
SECTION 1 Building Foundation for Efficient Promotion of National Research and Development Programs
| Article 19 (Processing of Research and Development Data) |
| (1) | The Minister of Science and ICT shall publicly notify standards for processing (referring to the collection, production, management, and utilization of research and development data; hereinafter the same shall apply) of research and development data (hereinafter referred to as “data processing standards"), including the following: |
| 1. | The scope of research and development data to be processed, the timing, methods, and procedures for processing; |
| 2. | The subject of data processing by research and development data to be processed; |
| 3. | Other matters prescribed by Presidential Decree. |
| (2) | The heads of relevant central administrative agencies, research and development institutes, researchers participating in national research and development activities, and research support personnel and research support organizations under Article 24 (2), shall process research and development data in accordance with the data processing standards. |
| (3) | The head of a central administrative agency may request the following data or information from the head of a relevant institution through the integrated information system under Article 20 to manage the payment and use of research and development expenses under Article 13, to ascertain whether participation in national research and development activities is restricted under Article 34 (1), to check qualification requirements for the selection of research and development projects, and to verify research and development data. In such cases, the head of the relevant institution in receipt of such request shall comply therewith, unless there is a compelling reason not to do so: |
| 2. | Information on business suspension or closure of a corporation, information on business registration under Article 8 of the Value-Added Tax Act, and data or information on the issuance of electronic tax invoices and corrected electronic tax invoices under Article 32 of that Act; |
| 4. | Patent-related information, such as information on patent applications under Article 42 of the Patent Act, information on patent registration under Article 85 of that Act, information on international applications under Article 193 of that Act, and information on international patent applications under Article 199 of that Act; |
| 6. | Other information or data prescribed by Presidential Decree that can be obtained regardless of the consent of the information subject. |
| (4) | The procedures for request under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 20 (Building and Operation of Integrated Information System) |
| (1) | The Minister of Science and ICT may build and operate an integrated information system for national research and development programs (hereinafter referred to as “integrated information system”) to facilitate the implementation of national research and development programs and the processing of research and development data. |
| (2) | The Minister of Science and ICT may allow the heads of relevant central administrative agencies to use the integrated information system. In such cases, the heads of the relevant central administrative agencies shall cooperate in building and operating the integrated information system. |
| (3) | The Minister of Science and ICT may request a research and development institute to provide research and development data necessary for building and operating an integrated information system. In such cases, the relevant research and development institute shall comply with such request, unless there is a compelling reason not to do so. |
| (4) | The operating standards for the integrated information system and the standards and procedures for requesting research and development data under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 21 (Security of National Research and Development Programs) |
| (1) | The head of a central administrative agency and the head of a research and development institute shall formulate and implement security measures to prevent leakage of important information prescribed by Presidential Decree, such as research and development outcomes, regarding a national research and development program and a research and development project under his or her jurisdiction. |
| (2) | The head of a central administrative agency may categorize as a classified task a research and development project, which is expected to result in a significant loss in its technical and property value ??if leaked outside, or which requires security for national security. |
| (3) | A research and development institute that performs a research and development project categorized as a classified task pursuant to paragraph (2) shall take security management measures prescribed by Presidential Decree. |
| (4) | The head of a central administrative agency may inspect the status of formulation and implementation of security measures under paragraph (1) and the status of security management under paragraph (3), and direct a relevant institution to take necessary measures according to the result. |
| (5) | The head of a central administrative agency may entrust the work of paragraphs (1) through (4) to the Director of the National Intelligence Service. |
| (6) | The details of security measures under paragraph (1), the standards for categorization as classified tasks under paragraph (2), and the inspection of the status of security management and the measures to be taken under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 22 (Designation of Specialized Institutions) |
| (1) | To efficiently promote a national research and development program, the head of the competent central administrative agency may designate as a specialized institution an institution that performs, on his or her behalf, all or part of the work under Articles 9 through 19, 21, 31 (3), 33 (1), and 34 (2). |
| (2) | A specialized institution shall be designated from among those falling under any of the following: |
| 1. | An institution prescribed by Presidential Decree as one that assists in the planning, management and evaluation of a national research and development program, among those established under other statutes; |
| 3. | Other non-profit corporations established under other statutes, such as the Civil Act, which meet the standards prescribed by Presidential Decree. |
| (3) | The head of a central administrative agency may, within the budgetary limits, provide a specialized institution with a contribution or subsidy to reimburse all or some of the expenses incurred by it in vicariously performing his or her work. |
| (4) | The head of a central administrative agency shall direct and supervise a specialized institution in relation to the work it performs on his or her behalf pursuant to paragraph (1). |
| (5) | The head of a central administrative agency may conduct the evaluation of the work performed by a specialized institution on his or her behalf, and take necessary measures, such as cancellation of the designation of the specialized institution and additional support, according to the result: Provided, That a specialized institution falling under paragraph (2) 1 shall be excluded from the cancellation of designation. |
| (6) | Where the head of a central administrative agency designates a specialized institution pursuant to paragraph (1) or cancels the designation of a specialized institution pursuant to paragraph (5), he or she shall notify the Minister of Science and ICT thereof. |
| Article 23 (Investigations into Status of Designation and Operation of Specialized Institutions) |
| (1) | The Minister of Science and ICT may make an investigation into and an analysis of the status of designation and operation of specialized institutions in consultation with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT may request the head of the competent central administrative agency to designate or cancel the designation of a specialized institution or to efficiently operate a specialized institution after deliberation by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the “Presidential Advisory Council on Science and Technology”): Provided, That a specialized institution falling under Article 22 (2) 1 shall be excluded from the request for cancellation of designation. |
| (3) | The head of a central administrative agency who has received a request pursuant to paragraph (2) shall comply therewith, unless there is a compelling reason not to do so. |
| (4) | The Minister of Science and ICT may request the head of a relevant central administrative agency and a specialized agency to submit materials necessary for investigating and analyzing the status under paragraph (1). In such cases, the heads of the relevant agency and institution shall comply therewith, unless there is a compelling reason not to do so. |
| (5) | The standards for investigating and analyzing the status of designation and operation of specialized institutions under paragraph (1), and the institutions subject to such investigations and analyses, shall be prescribed by Presidential Decree. |
SECTION 2 Establishing Research Support Systems and Strengthening Capabilities of Research and Development Institutes
| Article 24 (Establishment of Research Support Systems) |
| (1) | The Minister of Science and ICT shall formulate and implement necessary policies so that research and development institutes can provide systematic and specialized research support. |
| (2) | A research and development institute prescribed by Presidential Decree, such as a university, shall have a research support system that satisfies all of the following requirements: |
| 1. | Securing personnel dedicated to research support (hereinafter referred to as “research support personnel”); |
| 2. | Having an organization dedicated to research support (hereinafter referred to as “research support organization”). |
| (3) | The Minister of Science and ICT may establish standards for research support (hereinafter referred to as “research support standards”), including the following matters, and recommend research and development institutes to abide by such standards: |
| 1. | General standards for research support work, including research and development expenses, research facilities and equipment, and research and development outcome management; |
| 2. | Powers and responsibilities of research support personnel, research support organizations, and researchers by research support work under subparagraph 1; |
| 3. | Other matters necessary for systematic and specialized research support of research and development institutes. |
| Article 25 (Evaluation of Research Support Systems) |
| (1) | The Minister of Science and ICT may annually evaluate the establishment and operation of a research support system by a research and development institute under Article 24 (2) (hereinafter referred to as “evaluation of a research support system”), including the following matters: |
| 1. | The degree of compliance with research support standards; |
| 2. | The satisfaction level of researchers affiliated with the research and development institute regarding its research support; |
| 3. | The status of the appropriation, execution and management of indirect costs by the research and development institute. |
| (2) | Where the evaluation of a research support system is conducted, the Minister of Science and ICT shall notify the head of the relevant central administrative agency of the result and disclose it. |
| (3) | The Minister of Science and ICT shall reflect the evaluation results of a research support system in the indirect cost appropriation standards by research and development institute publicly notified pursuant to Article 13 (4) 2. |
| (4) | The procedures and methods for evaluating research support systems, the procedures for notifying and disclosing evaluation results under paragraph (2), and the standards for reflecting evaluation results under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 26 (Education and Training for Research and Development) |
| (1) | The Minister of Science and ICT may plan or implement an education and training course to improve professionalism and strengthen capabilities of research and development institutes, researchers and research support personnel. |
| (2) | A research and development institute shall provide its affiliated researchers and research support personnel with support necessary to participate in the education and training course pursuant to paragraph (1). |
| (3) | Matters to be included in the education and training courses pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
SECTION 3 Innovation of System for National Research and Development
| Article 27 (Operation of the National Research and Development Administration System) |
| (1) | The head of a central administrative agency shall, within the scope of this Act, operate statutes and regulations related to national research and development and various policies under such statutes and regulations (hereinafter referred to as “national research and development administration system”). |
| (2) | The head of a central administrative agency shall take into account the purpose of this Act and the intent of legislation thereof when dealing with a civil petition (referring to a civil petition pursuant to subparagraph 1 of Article 2 of the Civil Petitions Treatment Act) related to the national research and development administration system under his or her jurisdiction. |
| (3) | The head of a central administrative agency may request an opinion from the Minister of Science and ICT, or deliberation from the Presidential Advisory Council on Science and Technology, regarding the interpretation of this Act and the operation of the national research and development administration system. |
| Article 28 (Collection of Opinions on National Research and Development Administration System) |
| (1) | The head of the central administrative agency who operates the national research and development administration system shall collect opinions from interested persons and professionals every year in order to reasonably improve the system. |
| (2) | Any person may propose the improvement of the national research and development administration system to the Minister of Science and ICT or the head of the relevant central administrative agency. |
| (3) | The Minister of Science and ICT may provide necessary support for collecting opinions under paragraph (1) and processing proposals under paragraph (2). |
| (4) | Matters necessary for support under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 29 (Systematic Improvement of National Research and Development Administration System) |
| (1) | The Minister of Science and ICT shall prepare basic guidelines for preparing a proposal for improvement of the national research and development administration system for the next year after deliberation by the Presidential Advisory Council on Science and Technology, and notify the head of the relevant central administrative agency thereof by March 31 every year. |
| (2) | Where the head of the relevant central administrative agency has any opinion on improvement of the national research and development administration system, he or she shall submit the opinion to the Minister of Science and ICT by April 30 every year, in accordance with the basic guidelines under paragraph (1). |
| (3) | The Minister of Science and ICT shall prepare a proposal for improvement of the national research and development administration system for the next year, reflecting the opinion under paragraph (2), and notify the head of the relevant central administrative agency thereof by August 31 every year, after deliberation by the Presidential Advisory Council on Science and Technology. |
| (4) | The head of the relevant central administrative agency shall reflect the contents of the improvement proposal notified pursuant to paragraph (3) in the national research and development administration system thereof for the next year. |
| Article 30 (Recommendation to Research and Development Institutes for Improvement of System) |
| (1) | If deemed necessary, the head of a central administrative agency may recommend a specialized institution or a research and development institute to improve both the internal regulations operated by it in relation to national research and development programs and research and development projects and the national research and development activities based thereon, after deliberation by the Presidential Advisory Council on Science and Technology. |
| (2) | The specialized institution or research and development institute that has received a recommendation for improvement pursuant to paragraph (1) shall implement it and report the result to the head of the competent central administrative agency. |
| (3) | Where it is impractical for the specialized institution or research and development institute that has received a recommendation for improvement pursuant to paragraph (1) to implement the recommendation, it may request the head of the competent central administrative agency to review the recommendation. In such cases, the head of the competent central administrative agency may request the Presidential Advisory Council on Science and Technology to re-deliberate on the recommendation, and make a new recommendation to the relevant specialized institution or research and development institute, reflecting the result. |
| (4) | The head of the competent central administrative agency may check and inspect the implementation status of improvement recommendation by the specialized institution or research and development institute that has received such recommendation pursuant to paragraph (1). |
| (5) | The methods and procedures for recommendation under paragraph (1), the procedures for review under paragraph (3), and the procedures for check and inspection under paragraph (4), shall be prescribed by Presidential Decree. |
CHAPTER IV SECUREMENT OF RESEARCH ETHICS AND SANCTIONS RELATED TO NATIONAL RESEARCH AND DEVELOPMENT PROGRAMS
| Article 31 (Prohibition of Misconduct in Relation to National Research and Development Programs) |
| (1) | In order to ensure research ethics, researchers and research and development institutes shall not commit any misconduct related to national research and development programs (hereinafter referred to as “misconduct”) as described in any of the following subparagraphs, while engaging in national research and development activities: |
| 1. | Fabricating, falsifying, or plagiarizing research and development data or research and development outcomes, or indicating a wrong name as the author thereof; |
| 2. | Violating the purpose of use of research and development expenses under Article 13 (3) or the standards for use of research and development expenses under Article 13 (4); |
| 3. | Owning research and development outcomes, or allowing a third party to own them, in violation of Article 16 (1) through (3); |
| 4. | Violating security measures under Article 21 (1) or divulging or leaking security items of a research and development project categorized as a classified task under Article 21 (2); |
| 5. | Applying for or performing a research and development project by fraud or other improper means; |
| 6. | Other acts prescribed by Presidential Decree that impair the soundness of national research and development activities. |
| (2) | If the head of a research and development institute discovers that any of its affiliated researchers or research support personnel has committed misconduct, he or she shall inspect such misconduct and take necessary measures, and then report such fact to the head of the competent central administrative agency. |
| (3) | In any of the following cases, the head of the competent central administrative agency may make a necessary investigation. In such cases, if the number of the competent central administrative agencies is more than one, the investigation may be conducted jointly: |
| 1. | Where it is impossible for the research and development institute to independently inspect misconduct and take measures under paragraph (2); |
| 2. | Where deemed that the reasonableness and validity of the report made under paragraph (2) are doubtful; |
| 3. | Other cases prescribed by Presidential Decree that are deemed necessary to secure objectivity and fairness in the investigation. |
| (4) | A research and development institute shall provide its affiliated researchers and research support personnel with support necessary for securing their research ethics. |
| (5) | Detailed standards for misconduct, the details of and procedures for inspections of, measures against, and reporting on misconduct under paragraph (2), and the details of and procedures for investigations under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 32 (Sanctions for Misconduct) |
| (1) | In any of the following cases, the head of a central administrative agency may restrict the relevant research and development institute, research director, researcher, research support personnel, or executive officer or employee of the research and development institute from participating in national research and development activities (excluding research support) for up to 10 years, or impose on such institute, etc. an additional monetary sanction not exceeding five times the amount of government research and development expenses already paid: |
| 1. | Where the evaluation under Article 12 (2) reveals that the process and results of the research and development project are exceptionally poor; |
| 2. | Where the research and development project is changed or suspended pursuant to Article 15 (1) because the researcher or research and development institute intentionally fails to fulfill the obligations under this Act or the relevant agreement; |
| 3. | Where the researcher or research and development institute commits a misconduct falling under any of the subparagraphs of Article 31 (1); |
| 4. | Where the researcher or research and development institute abandons the research and development project, without good cause; |
| 5. | Where the research and development institute fails to pay some of the royalties or gains under Article 18 (2), without good cause; |
| 6. | Where the research and development institute fails to pay the amount of research and development expenses recovered under Article 13 (7), without good cause. |
| (2) | The restriction on participation or additional monetary sanctions under paragraph (1) may be imposed concurrently. |
| (3) | The head of a central administrative agency may recover the research and development expenses related to the grounds for the sanctions out of the Government’s research and development expenses already paid, separately from the sanctions under paragraphs (1) and (2). |
| (4) | When imposing sanctions or recovering research and development expenses, the head of the central administrative agency shall take into account the severity of the grounds for sanctions, whether the violation is intentionally committed, the number of violations, the performance stage and progress of the research and development project, etc. |
| (5) | Sanctions under paragraph (1) may not be imposed after 10 years elapse from the end date of research and development project on which the grounds for sanctions occur or from the end date of national research and development activities on which the grounds for sanctions occur. |
| (6) | The standards for participation restrictions by grounds for sanctions and the standards for imposition of additional monetary sanctions under paragraph (1), and the standards for and the scope of recovery of research and development expenses under paragraph (3), shall be prescribed by Presidential Decree. |
| Article 33 (Procedures for Sanctions and Requests for Review) |
| (1) | When intending to impose sanctions pursuant to Article 32, the head of the competent central administrative agency shall organize a sanctions evaluation group (hereafter referred to as “evaluation group” in this Article) consisting of those who do not directly share interest with the person subject to sanctions to examine the necessity of sanctions, the type and level of sanctions, and other matters necessary for the sanctions: Provided, That when the research and development project is categorized as a classified task pursuant to Article 21 (2), he or she may choose not to organize an evaluation group. |
| (2) | The head of the competent central administrative agency shall notify the following persons in advance of the matters described in the subparagraphs of Article 21 (1) of the Administrative Procedures Act, including the details of sanctions, taking into account the results of examination by the evaluation group: |
| 1. | A person subject to sanctions; |
| 2. | The head of the institute to which the person subject to sanctions belongs; |
| 3. | The head of the relevant central administrative agency. |
| (3) | A person subject to sanctions who is dissatisfied with the details of the sanctions notified under paragraph (2) (hereafter referred to as “details of notification” in this Article) may submit an opinion requesting a review of the details of notification to the head of the competent central administrative agency, along with the grounds therefor, within 20 days from the date of receipt of the notification. |
| (4) | Upon receipt of an opinion under paragraph (3), the head of the competent central administrative agency shall request a committee established under jurisdiction of the Minister of Science and ICT (hereafter referred to as “committee” in this Article) to examine such opinion so as to protect the rights and interests of researchers, to prevent research misconduct, and to examine the appropriateness of sanctions, as prescribed by Presidential Decree: Provided, That when a person requesting a review pursuant to paragraph (3) wishes it reviewed by the head of the competent central administrative agency, it may be reviewed by the head of the competent central administrative agency. |
| (5) | The head of the competent central administrative agency shall decide on the type and level of sanctions within 30 days from the date of receipt of the opinion under paragraph (3), taking into account the results of examination by the committee. |
| (6) | When the head of the competent central administrative agency makes a decision pursuant to paragraph (5), he or she shall, without delay, notify the person under each of the subparagraphs of paragraph (2) of the details thereof. |
| (7) | The head of the competent central administrative agency shall register the details of the decision under paragraph (5) in the integrated information system, and disclose them. |
| (8) | The organization and operation of the evaluation groups and the committee, the procedures for examination under paragraph (4), and the scope of registration and disclosure under paragraph (7), shall be prescribed by Presidential Decree. |
| Article 34 (Follow-Up Management of Sanctions) |
| (1) | The head of the competent central administrative agency and the head of the relevant central administrative agency, who is notified of a decision pursuant to Article 33 (6), shall, without delay, restrict the person subject to participation restriction from participating in all national research and development activities (excluding research support). |
| (2) | If a person who is issued a disposition to recover research and development expenses or to impose an additional monetary sanction under Article 32 fails to pay the research and development expenses or additional monetary sanction by the payment deadline, the head of the central administrative agency shall urge him or her to pay the research and development expenses or additional monetary sanction within a specified period; and if the person fails to pay the research and development expenses or additional monetary sanction within the specified period, it shall be collected in the same manner as delinquent national taxes are collected. |
| (3) | The procedures for urging under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 35 (Faithful Performance of Research and Development Projects) |
| (1) | The head of the relevant central administrative agency may limit the number of research and development projects that a researcher or research and development institute may simultaneously perform, so as to ensure the faithful performance of research and development projects by the researcher or research and development institute. |
| (2) | A researcher participating in a research and development project shall prepare and manage a research note (referring to the note wherein the performance process of the research and development project and the outcomes of research and development are recorded). |
| (3) | Matters necessary for the number of research and development projects that can be simultaneously performed under paragraph (1) and for the preparation and management of research notes under paragraph (2) shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
| Article 36 (Restriction on Claim for Damages) |
The head of a central administrative agency or the head of a research and development institute shall not claim damages against any of its affiliated researchers in relation to any damage to its tangible property resulting from the performance of a research and development project (limited to tangible property acquired by the research and development institute using the research and development expenses reimbursed by the Government among the research and development expenses of the research and development project) by the researcher: Provided, That the same shall not apply where intent or gross negligence is found on the part of the researcher.
| Article 37 (Notification of Commencement and Conclusion of Investigations by Investigation Agencies) |
Where the head of an investigation agency, such as the prosecution and the police, commences or concludes a probe or investigation into a case related to national research and development activities against an executive officer or employee of a research and development institute, he or she shall notify the head of the research and development institute and the head of the competent central administrative agency of such fact within 10 days.
| Article 38 (Entrustment of Work) |
| (1) | The Minister of Science and ICT may entrust part of his or her work under Articles 20, 23 (1), 24, 25 (1), 26 (1) and 33 (4) to an institution or organization prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT may reimburse the entrusted institution or organization for all or some of the expenses incurred by it in performing the work entrusted pursuant to paragraph (1). |
| Article 39 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | A person who is not a public official among the commissioned members of a research and development project evaluation group or deliberative committee under Article 14; |
| 2. | An executive officer or employee of a specialized institution (including a person dispatched from another institution or organization) who is engaged in the work that the specialized institution performs on behalf of the head of the central administrative agency; |
| 3. | A person who is not a public official among the members commissioned by a sanctions evaluation group or the committee under Article 33; |
| 4. | An executive officer or employee of an institution or organization under Article 38 who is engaged in the work entrusted by the Minister of Science and ICT. |
| Article 40 (Duty to Maintain Confidentiality) |
No person who is or was subject to any of the subparagraphs of Article 39 shall divulge to a third person, or use for other than business purposes, confidential information he or she learned while performing his or her work.
| Article 41 (Penalty Provisions) |
A person who divulges to a third person, or uses for other than business purposes, confidential information he or she learned while performing his or her work in violation of Article 40 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
ADDENDA <Act No. 17343, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021.
Article 2 (General Transitional Measures concerning Dispositions)
Acts done by or in relation to administrative agencies under the former Framework Act on Science and Technology, as at the time this Act enters into force, shall be deemed acts done by or in relation to administrative agencies under this Act. Article 3 (Transitional Measures concerning Ownership and Management of Research and Development Outcomes)
Article 4 (Transitional Measures concerning Collection and Use of Royalties)
Article 5 (Transitional Measures concerning Acts Committed before Enforcement of This Act)
Article 6 (Transitional Measures concerning Restrictions on Participation)
Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
At the time this Act enters into force, references in other statutes and regulations to Articles 11 (2) through (5), 11-2 through 11-4, and 16-2 (2) and (3) of the former Framework Act on Science and Technology, if this Act includes any provisions corresponding thereto, shall be deemed references to the corresponding provisions of this Act in lieu of the previous provisions.