SCIENCES PROMOTION ACT
Wholly Amended by Act No. 10877, Jul. 21, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 13577, Dec. 22, 2015
Act No. 13949, Feb. 3, 2016
Act No. 14163, May 29, 2016
Act No. 17669, Dec. 22, 2020
The purpose of this Act is to support and manage various activities related to sciences, consolidate the foundation for sciences, induce the balanced development of studies and contribute to creating new knowledge by providing for matters necessary for promotion of sciences.
The definitions of terms used in this Act are as follows: <Amended on Mar. 23, 2013>
| 1. | The term "sciences" means all areas and processes of study that produce and develop knowledge by researching theories and methods of study, and announce and disseminate such knowledge produced and developed; |
| 2. | The term "college" means any of the following institutions: |
| (a) | A school under the subparagraphs of Article 2 of the Higher Education Act, school established pursuant to other statutes, the level of which is not lower than that of the abovementioned school, or a research institute attached thereto; |
| (c) | A college hospital or college dental hospital established as a corporation pursuant to another Act, or a research institute attached thereto; |
| 3. | The term "research institute" means any of the following institutions: |
| (a) | A State or public research institute; |
| (d) | Other research institutes that meet standards prescribed by Presidential Decree, such as research human resources and facilities; |
| 4. | The term "academic society" means any of the following corporations or organizations: |
| (c) | Other organizations deemed eligible to receive support related to projects promoted by the Minister of Education pursuant to this Act, among non-profit organizations having the objective of engaging in academic activities; |
| 5. | The term "researcher" means any of the following persons: |
| (c) | A researcher belonging to an attached research institute under subparagraph 2 (a) and (c) or an research institute under subparagraph 3; |
| (e) | A person with a doctorate who belongs to a college or research institute in the Republic of Korea or a foreign country and receives training in such college, etc.; |
| (f) | A teacher or researcher who belongs to a foreign college or foreign research institute corresponding to a college or research institute; |
| (g) | Other persons deemed specifically eligible to receive support related to projects promoted by the Minister of Education under this Act. |
| Article 3 (Obligations of Government) |
The Government shall improve academic levels, create a sound academic atmosphere, and promote and support various policies to ensure that outcomes of academic activities are actively utilized.
| Article 4 (Formulation of Policies for Promotion of Sciences) |
The Minister of Education shall formulate the Government's policies concerning the following matters for promotion of sciences, and carry out, adjust and manage duties incidental thereto: <Amended on Mar. 23, 2013>
| 1. | Basic direction-setting for policies for promotion of sciences; |
| 2. | Securing investment and financial resources for promotion of sciences; |
| 3. | Support of researchers for promotion of sciences; |
| 4. | Support of academic activities for promotion of sciences; |
| 5. | Promotion of academic exchanges and cooperation for promotion of sciences; |
| 6. | Establishment of the foundation for promotion of sciences and the management thereof; |
| 7. | Improvement of the system and statutes for promotion of sciences; |
| 8. | Creation of an environment for promotion of sciences. |
| Article 5 (Promotion of Science Support Projects) |
| (1) | The Minister of Education shall develop and promote projects for promotion of sciences so as to implement policies and perform duties under Article 4. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education may entrust all or some of the projects under paragraph (1) to the following institutions or organizations and reimburse expenses incurred in the conduct of such projects in the form of contributions to them so as to efficiently promote such projects: <Amended on Mar. 23, 2013> |
| 1. | Institutions or organizations under subparagraphs 2 through 4 of Article 2; |
| (3) | Matters necessary for the promotion of science support projects under paragraph (1) and the payment of contributions under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 6 (Selection of Persons Eligible to Receive Science Support) |
| (1) | The Minister of Education may select persons eligible to receive science support from among colleges, research institutes, academic societies (hereinafter referred to as "colleges, etc.") or researchers, and require them to conduct academic activities, so as to promote science support projects under Article 5 (1). <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education may subsidize expenses incurred in science support projects (hereinafter referred to as "project funds") for persons eligible to receive science support pursuant to paragraph (1) to ensure that they conduct academic activities, and conclude an agreement, when necessary. <Amended on Mar. 23, 2013> |
| (3) | Researchers or colleges, etc. selected as persons eligible to receive science support pursuant to paragraph (1) shall faithfully conduct academic activities and report the outcomes thereof to the Minister of Education. In such cases, the Minister of Education may evaluate the outcomes reported by researchers or colleges, etc. and may refer to the outcomes of evaluation in the selection of persons eligible to receive science support later. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the selection of persons eligible to receive science support pursuant to paragraph (1), subsidization of project funds or conclusion of an agreement under paragraph (2) and the reports of outcomes or evaluation under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 7 (Fostering Next Generation to Engage in Academic Activities) |
The Minister of Education shall endeavor to ensure that college students, graduate students, persons with related technology or knowledge or persons working for industrial enterprises, etc. are actively engaged and utilized in researchers’ academic activities, and provide support and take necessary measures to help them become excellent researchers. <Amended on Mar. 23, 2013>
| Article 8 (Academic Exchanges and Cooperative Activities) |
| (1) | The Minister of Education shall promote and encourage various academic exchanges and cooperative activities between domestic and foreign researchers, colleges, etc. and international organizations. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education shall consult with the heads of the relevant central administrative agencies on matters necessary for academic exchanges and cooperative activities with foreign governments, foreign colleges, etc. or international organizations when formulating plans or policies for academic exchanges and cooperative activities under paragraph (1). <Amended on Mar. 23, 2013> |
| (3) | Matters necessary for promoting academic exchanges and cooperative activities under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Fostering Activities of Academic Societies) |
| (1) | The Minister of Education shall promote and encourage activities of academic societies by providing support for the hosting of a symposium or the publication of academic journals, and by evaluating academic journals for discovering or fostering exemplary academic journals. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education may collect and manage information related to activities of academic societies so as to promote and encourage activities of academic societies under paragraph (1). <Amended on Mar. 23, 2013> |
| Article 10 (Expansion of Research Equipment) |
| (1) | The Minister of Education may provide support to colleges, etc. to ensure that they expand various research equipment and research facilities, etc. necessary for academic activities, and shall endeavor to ensure that such research equipment and research facilities are actively utilized. <Amended on Mar. 23, 2013> |
| (2) | Colleges, etc. shall actively cooperate to ensure that researchers or colleges, etc. utilize research equipment and research facilities, etc. |
| Article 11 (Fostering Institutions Managing Academic Resources) |
| (1) | The Minister of Education may support the accumulation and utilization of academic data or improvement of service so as to foster institutions managing academic resources, such as a reference room or library, etc. established and operated in colleges, etc., and shall endeavor to ensure that such institutions managing academic resources are actively utilized. <Amended on Mar. 23, 2013> |
| (2) | Colleges, etc. shall actively cooperate to ensure that researchers, college students or graduate students belonging to other colleges, etc. utilize data of institutions managing academic resources. |
| Article 12 (Establishment of Standard Academic Classification System) |
| (1) | The Minister of Education may establish a standard academic classification system and formulate a standard academic classification table after consulting with the heads of the relevant central administrative agencies so as to efficiently manage human resources, information, projects, etc. related to sciences. <Amended on Mar. 23, 2013> |
| (2) | The Government shall endeavor to widely utilize a standard academic classification table under paragraph (1). |
| (3) | The Minister of Education shall designate institutions in charge by field of studies and require them to consistently supplement and develop a standard academic classification table, and may subsidize expenses incurred in the operation of such institutions. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for formulating a standard academic classification table under paragraph (1), designating institutions in charge under paragraph (3), and revoking the designation thereof shall be prescribed by Presidential Decree. |
| Article 13 (Survey of Actual Status of Academic Activities) |
| (1) | The Minister of Education shall conduct every five years a survey or analysis of the actual status of academic activities (hereinafter referred to as "academic status survey"), such as academic levels and trends of each field of studies, present condition of researchers or academic journals, outcomes of research conducted by each institution, including colleges, etc., records of project funds and management condition of project funds, etc., and publicize its result, so as to formulate and promote policies for promotion of sciences. <Amended on Mar. 23, 2013; Dec. 22, 2015> |
| (2) | The Minister of Education may request relevant central administrative agencies, local governments, public institutions, or any other related corporations or organizations to submit necessary data, where necessary for conducting an academic status survey under paragraph (1). In such cases, the person so requested shall comply with such request unless good cause exists. <Amended on Mar. 23, 2013; Dec. 22, 2015> |
| (3) | The Minister of Education shall disseminate the outcomes of an academic status survey to the relevant administrative agencies, local governments, public organizations or colleges, etc. to ensure that such outcomes are utilized for academic activities or related duties. <Amended on Mar. 23, 2013> |
| (4) | Necessary matters such as methods of an academic status survey under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2015> |
| Article 14 (Collection of Academic Information) |
| (1) | The Minister of Education may collect and manage academic information, such as the information on and achievements of researchers, research outcomes and the evaluation thereof, or data obtained through academic status surveys so as to efficiently manage information related to sciences. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Education may establish and operate an information system to ensure that academic information collected pursuant to paragraph (1) is utilized for academic activities of researchers and colleges, etc. and related duties by sharing such information. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Education may designate specialized management institutions and cooperative institutions, and subsidize expenses incurred in the operation of such institutions, etc. within budgetary limits for the systematic collection and management of academic information under paragraph (1) and efficient dissemination or utilization thereof. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Education may request the relevant administrative agencies, local governments, public organizations or colleges, etc. to submit necessary data so as to vitalize the utilization of academic information. <Amended on Mar. 23, 2013> |
| (5) | Matters necessary for designating specialized management institutions and cooperative institutions pursuant to paragraph (3) and revoking the designation of such institutions shall be prescribed by Presidential Decree. |
| Article 15 (Ensuring Research Ethics) |
| (1) | In order to ensure the proper research ethics, researchers, colleges, etc. shall not commit any of the following research misconduct (hereinafter referred to as "research misconduct"): <Newly Inserted on Dec. 22, 2020> |
| 1. | Fabricating, falsifying or plagiarizing research data or research outcomes or falsely indicating an author; |
| 2. | Other acts prescribed by Presidential Decree, which undermine the stability of research activities. |
| (2) | The Minister of Education shall formulate and promote policies to ensure research ethics, such as the establishment of guidelines to ensure research ethics (hereinafter referred to as "guidelines on research ethics") so as to prevent fraudulent research activities of researchers, which obstruct promotion of sciences, and create a sound environment for academic research. <Amended on Mar. 23, 2013; Dec. 22, 2020> |
| (3) | The Minister of Education may fully or partially subsidize expenses necessary for activities of colleges, etc. so as to efficiently promote policies to ensure research ethics under paragraph (2). <Amended on Mar. 23, 2013; Dec. 22, 2020> |
| (4) | Colleges, etc. shall establish and implement their own regulations on research ethics to prevent and verify research misconduct in accordance with guidelines on research ethics, and take other necessary measures. <Amended on Mar. 23, 2013; Dec. 22, 2020> |
| (5) | Matters necessary for establishing guidelines on research ethics under paragraph (2), the Government's subsidization under paragraph (3) and measures taken by colleges, etc. pursuant to paragraph (4) shall be prescribed by Presidential Decree. <Amended on Dec. 22, 2020> |
| Article 16 (Utilization of Academic Outcomes) |
The Minister of Education shall manage and support academic outcomes to ensure that academic outcomes are efficiently utilized through, for example, the acquisition of intellectual property rights. <Amended on Mar. 23, 2013>
| Article 17 (Use and Management of Project Funds) |
| (1) | Researchers and the heads of colleges, etc. shall use subsidized project funds in accordance with the objectives or purposes of support and the heads of colleges, etc. shall manage project funds by setting up a separate account. |
| (2) | The heads of colleges, etc. shall designate or establish a department to be in charge of the management of all subsidies for project funds and take measures for the operation thereof. |
| (3) | Matters necessary for the management of project funds under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 18 (Investigation into Project Funds) |
| (1) | When any ground exists to suspect that a researcher or college, etc. in receipt of project funds violates a statute, the Minister of Education may require them to report on how they handled their work or request them to submit data, or undergo a necessary investigation. In such cases, he/she may request a certified public accountant or accounting firm under the Certified Public Accountant Act to examine related documents. <Amended on Mar. 23, 2013> |
| (2) | When an investigation under paragraph (1) is conducted, any person under investigation shall be notified of the investigation plans, such as the date and time, reasons and details of such investigation: Provided, That the same shall not apply where an advance notice is deemed likely to defeat the purposes of the investigation due to the destruction of evidence or other grounds. |
| Article 19 (Suspension of Payment of Project Funds) |
| (1) | When a researcher or college, etc. that has received project funds falls under any of the following subparagraphs, the Minister of Education shall suspend the payment of project funds and recover the project funds paid: <Amended on Mar. 23, 2013; Feb. 3, 2016; Dec. 22, 2020> |
| 1. | Where he/she or it has been selected as persons eligible to receive science support under Article 6 (1) or conducted related projects by fraud or other improper means; |
| 2. | Where he/she or it has given up conducting research without any justifiable ground; |
| 3. | Where he/she or it has committed research misconduct. |
| (2) | When a researcher or college, etc. that has received project funds falls under any of the following subparagraphs, the Minister of Education may suspend the payment of project funds or recover all or some of the project funds paid: <Amended on Mar. 23, 2013> |
| 1. | Where he/she or it has used project funds for any purpose, other than intended purposes; |
| 2. | Where he/she or it has violated agreements under Article 6 (2); |
| 3. | Where he/she or it has failed to report outcomes under Article 6 (3). |
| (3) | Recovering project funds pursuant to paragraphs (1) and (2) shall conform with the procedures for collecting a national tax. |
| (4) | Necessary matters concerning detailed criteria, amounts, etc. of recovering project funds under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Newly Inserted on May 29, 2016> |
| Article 20 (Exclusion from Selection of Persons Eligible to Receive Science Support) |
| (1) | When the payment of project funds is suspended or all or some of the project funds paid are recovered because a researcher or college, etc. falls under any of the subparagraphs of Article 19 (1) or subparagraphs of Article 19 (2), the Minister of Education shall exempt them from eligibility to receive science support pursuant to Article 6 (1) for not less than one year but not more than 10 years, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Dec. 22, 2020> |
| (2) | When the Minister of Education restricts the selection of persons eligible to receive science support pursuant to paragraph (1), he/she shall notify the relevant researchers, the heads of colleges, etc. to which the relevant researchers belong, or the heads of the relevant central administrative agencies of such restriction and grounds therefor within 15 days after such restriction is applied. <Amended on Mar. 23, 2013> |
| Article 20-2 (Imposition and Collection of Additional Monetary Sanction) |
| (1) | When a researcher or college, etc. that has received project funds falls under Article 19 (2) 1, the Minister of Education shall impose and collect an additional monetary sanction not exceeding five times the amount such researcher or college, etc. used from such project funds for any purpose other than their intended purposes: Provided, That an additional monetary sanction may not be imposed in any of the following cases: |
| 1. | Cases prescribed by Presidential Decree, in which a researcher or college, etc. unavoidably used a project fund for a purpose other than its intended one but immediately recovered such fund to its original status; |
| 2. | Any other cases where it is deemed that benefits of imposing additional monetary sanctions on violations would not be big. |
| (2) | When it is deemed necessary for imposing or collecting an additional monetary sanction under paragraph (1), the Minister of Education may request a researcher or college, etc. to appear, make a statement, or submit data, or conduct an on-site, fact-finding survey. In such cases, the researcher or college, etc. so requested shall comply with such request, unless good cause exists. |
| (3) | If a person subject to the disposition of imposition of an additional monetary sanction under paragraph (1) fails to pay it by its deadline, the Minister of Education shall collect additional dues, as prescribed by Presidential Decree. |
| (4) | If a person subject to the disposition of imposition of an additional monetary sanction under paragraph (1) fails to pay it by its deadline, the Minister of Education shall urge him/her to pay, setting a period. If he/she fails to pay such additional monetary sanction and additional dues under paragraph (3) within such period, the Minister of Education shall collect such additional monetary sanction and additional dues in the same manner as delinquent national taxes are collected. |
| (5) | Other necessary matters, such as the amount of additional monetary sanctions depending on types, degrees, etc. of violations on which additional monetary sanctions are imposed, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 21 (Raising Objections) |
| (1) | A person who is dissatisfied with a disposition under this Act may raise an objection to the Minister of Education, as prescribed by Presidential Decree, within 30 days after such disposition is made. <Amended on Mar. 23, 2013> |
| (2) | In receipt of an objection under paragraph (1), the Minister of Education shall decide on such objection within 30 days and notify applicants of the outcomes thereof without delay. <Amended on Mar. 23, 2013> |
The Government may award prizes to persons who have outstanding achievements related to academic activities or who have made significant contributions to the promotion of sciences.
| Article 23 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Feb. 3, 2016> |
| 1. | Where he/she has refused or evaded reports under Article 18 (1) or has made a false report; |
| 2. | Where he/she has refused or evaded the submission of data under Article 18 (1) or has submitted false data; |
| 3. | Where he/she has refused, obstructed or evaded an investigation under Article 18 (1); |
| 4. | Where he/she has not complied with a request for appearance, statement, or submission of data under Article 20-2 (2), or made false statement or submitted false data; |
| 5. | Where he/she has refused, obstructed, or evaded an on-site, fact-finding survey under Article 20-2 (2). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Education. <Amended on Mar. 23, 2013> |
ADDENDA <Act No. 10877, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
Any institution or organization that has received contributions pursuant to Article 12-2 of the former Sciences Promotion and Credit Guarantee, etc. for Students Loans Act, as at the time this Act enters into force, shall be deemed to have received contributions under this Act. Article 3 (Relationship with other Statutes)
A citation of the former Sciences Promotion and Credit Guarantee, etc. for Students Loans Act or a provision thereof by other statutes in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13577, Dec. 22, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13949, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Additional Monetary Sanction)
The amended provisions of Article 20-2 shall apply beginning with the person selected as a recipient of science support for the first time after this Act enters into force.
ADDENDUM <Act No. 14163, May 29, 2016>
The Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17669, Jun. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Suspension of Payment of Project Funds)
The amended provisions of Article 19 (1) shall apply beginning with the person selected as a recipient of science support for the first time after this Act enters into force. Article 3 (Applicability to Exclusion from Selection of Persons Eligible to Receive Science Support)
The amended provisions of Article 20 (1) shall apply beginning with the person selected as a recipient of science support for the first time after this Act enters into force.