INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT
Act No. 6878, May 27, 2003
Amended by Act No. 7869, Mar. 3, 2006
Act No. 8108, Dec. 28, 2006
Act No. 8357, Apr. 11, 2007
Act No. 8576, Aug. 3, 2007
Act No. 8708, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9401, Jan. 30, 2009
Act No. 10082, Mar. 17, 2010
Act No. 10629, May 19, 2011
Act No. 10907, Jul. 25, 2011
Act No. 11682, Mar. 23, 2013
Act No. 12126, Dec. 30, 2013
Act No. 13225, Mar. 27, 2015
Act No. 14078, Mar. 22, 2016
Act No. 15041, Nov. 28, 2017
Act No. 17079, Mar. 24, 2020
Act No. 17660, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of communities and the State by training creative industrial human resources meeting the needs of the industrial world, by setting up an efficient research and development system, and by developing, spreading, diffusing, and commercializing new knowledge and technologies necessary for the growth of industries based on linkage between education and research through the promotion of industrial education and the acceleration of industry-academia-research cooperation. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Dec. 21, 2007]
The terms used in this Act are defined as follows: <Amended on Jul. 25, 2011; Dec. 30, 2013; Mar. 24, 2020>
| 1. | The term "industrial education" means education provided by an industrial educational institution referred to in subparagraph 2 to assist students to acquire knowledge, technology, etc. necessary for engaging in industrial activities or starting up a new business, and developing entrepreneurship: |
| (a) | Deleted; <Jul. 25, 2011> |
| (b) | Deleted; <Jul. 25, 2011> |
| (c) | Deleted; <Jul. 25, 2011> |
| 2. | The term "industrial educational institution" means any of the following schools which provide industrial education: |
| (a) | A high school or technical high school prescribed by Presidential Decree, the objectives of which are to provide education linked to industrial demand or to train experts in particular fields; |
| (b) | A specialized school which provides specialized curricula in occupation or career development and vocational education; |
| (c) | A university (referring to schools defined in the subparagraphs of Article 2 of the Higher Education Act, Article 5 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, higher educational institutions from among foreign educational institutions of which establishment is approved pursuant to other statutes to which the same Article applies mutatis mutandis, and institutions prescribed by Presidential Decree from among other higher educational institutions established under other statutes; hereinafter the same shall apply); |
| 4. | The term "industrial advice" means where an industrial teacher advises an industrial enterprise, a business operators' organization, or functional organization (hereinafter referred to as "industrial enterprise, etc.") on the management of industrial enterprises, or improvement and development, etc. of industrial technologies; |
| 5. | The term “research institute” means any of the following: |
| (b) | A national or public research institute; |
| (f) | Other research institutes fully meeting the standards prescribed by Presidential Decree among corporate research institutes established under the Civil Act or other Acts; |
| 6. | The term "industry-academia-research cooperation" means the following activities conducted by industrial educational institutions, the State, local governments, research institutes, and industrial enterprises, etc. through mutual cooperation among them: |
| (a) | Train human resources meeting the demand of industrial enterprises, and future industrial development; |
| (b) | Research, development, and commercialization for creating and disseminating new knowledge and technologies; |
| (c) | Transfer technologies to industrial enterprises, etc. and provide industrial advice, etc.; |
| (d) | Jointly use tangible and intangible resources held by research institutes, such as human resources, facilities, equipment, and/or research and development information; |
| 7. | The term “faculty researcher” means a person recognized to engage in educational and research activities both in a university and research institute by agreement between the university and the research institute; |
| 8. | The term “industry-academia-research cooperation-based technology holding company" (hereinafter referred to as “technology holding company”) means a company which controls a third company upon holding the third company’s stocks (including stakes; hereinafter the same shall apply) for the purposes of commercializing the technology prescribed by Presidential Decree being held by an industry-academic cooperation foundation under Article 25; |
| 9. | The term "subsidiary company" means a company established based on the technologies held by a university or research institute, the main business of which is controlled by a technology holding company. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 3 (Guidance of Students in Courses) |
| (1) | The State and local governments shall take measures for and implement the guidance of students in their courses so that such students may obtain the industrial education suitable for their individual aptitude and ability. |
| (2) | The matters to be included in measures concerning the guidance of students in their courses under paragraph (1) and the matters necessary for taking such measure and implementation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 4 (Duties of State and Local Governments) |
The State and local governments shall prepare schemes for fostering creative industrial human resources and establishing an efficient research and development system, such as formulating and implementing policies for industrial education enhancement and industry-academia-research cooperation promotion, and schemes for developing, distributing and disseminating knowledge and technologies necessary for developing industry.
[This Article Wholly Amended on Nov. 28, 2017]
CHAPTER II INDUSTRIAL EDUCATION ENHANCEMENT
| (1) | The Minister of Education shall, every five years, formulate a basic plan for industrial education enhancement and industry-academia-research cooperation (hereinafter referred to as “basic plan”) in consultation with the heads of the relevant central administrative agencies, by integrating plans and policies related to industrial education enhancement and industry-academia-research cooperation promotion, and shall decide and confirm such plan after referring it for deliberation to the National Committee on Industry-Academia-Research Cooperation under Article 14. |
| (2) | Each master plan shall include the following matters: |
| 1. | Development goals for industrial education and industry-academia-research cooperation and basic direction-setting for relevant policies; |
| 2. | Execution direction of policies for human resources, technology, etc. related to industrial education enhancement and industry-academia-research cooperation promotion; |
| 3. | Investigations and researches for industrial education enhancement and industry-academia-research cooperation promotion; |
| 4. | Diversification of industrial education and elevation of quality thereof; |
| 5. | Fosterage of industrial human resources and promotion of utilization thereof; |
| 6. | Expansion and management of information resources for promoting industry-academia-research cooperation, and the establishment of a distribution system for such information resources; |
| 7. | Improvement of systems and regulations for industrial education enhancement and industry-academia-research cooperation promotion; |
| 8. | Other matters necessary for enhancing industrial education and promoting industry-academia-research cooperation. |
| (3) | The heads of the relevant central administrative agencies and the heads of local governments shall formulate and executing an annual implementation plan containing the following mattes, in accordance with the basic plan: |
| 1. | Establishment and management of an institution for industrial education; |
| 2. | Increase and maintenance of facilities and equipments necessary for industrial education; |
| 3. | Plan for on-the-job training necessary for industrial education; |
| 4. | Plan for training industry teachers; |
| 5. | Plan for job placement for graduates of institutions for industrial education and educating them to enhance their technology; |
| 6. | Plan for education for supporting start-ups established by the students of institutions for industrial education; |
| 7. | Management of and supervision over compensation for inventors contributing to creating intellectual property of institutions for industrial education; |
| 8. | Encouragement of flexibility in mobility of human resources among industry-academia-research; |
| 9. | Activation of cooperative researches among industry-academia-research; |
| 10. | Promotion of technology transfer and commercialization among industry-academia-research; |
| 11. | Joint utilization of research facilities and equipments and the support of exchanging research and development information, among industry-academia-research; |
| 12. | Other matters necessary for enhancing industrial education and promoting industry-academia-research cooperation. |
| (4) | The Minister of Education shall integrate and check up the annual implementation plan of the relevant year under paragraph (3) and the execution outcomes of the annual implementation plan of the previous year, and refer both such plans, for deliberation, to the National Committee on Industry-Academia-Research Cooperation under Article 14, and detailed matters concerning the above-mentioned affairs shall be prescribed by Presidential Decree. |
| (5) | The Minister of Education may, if necessary for formulating a basic plan, request the head of the relevant central administrative agency, the head of a local government, the head of an institution for industrial education, and the head of an institution or organization related to industry-academia-research cooperation to submit related materials. In such cases, the head of the relevant central administrative agency, etc. who has received the request to submit materials shall comply with such request except in extenuating circumstances. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 6 (Establishment and Operation of Short-Term Industrial Educational Facilities) |
| (1) | The State and local governments may establish and operate short-term industrial educational facilities for the education of persons who work or intend to work with the industrial enterprises, etc. |
| (2) | Short-term industrial education facilities shall have teachers, facilities, and equipment required to offer curricula. <Newly Inserted on Mar. 22, 2016> |
| (3) | A person who graduated from a high school or is recognized to have academic backgrounds at least equivalent thereto and who completed the education course equivalent to a junior college education in any of the short-term industrial education facilities recognized by the Minister of Education as having teachers, facilities, and equipment equivalent to those of a junior college defined in subparagraph 4 of Article 2 of the Higher Education Act, shall be recognized as having academic backgrounds equivalent to a person who graduated from a junior college, as prescribed by Ordinance of the Ministry of Education. <Newly Inserted on Mar. 22, 2016> |
| (4) | Standards for teachers, facilities, and equipment required under Article (2) and other matters necessary for the establishment and operation of short-term industrial educational facilities shall be prescribed by Presidential Decree. <Amended on Mar. 22, 2016> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 7 (Establishment and Provision of Special Courses) |
| (1) | The head of an industrial educational institution may establish and provide a special course in the industrial educational institution, if deemed necessary to provide students with industrial education specializing in a specific industrial field to prepare for the development of industrial technologies, and industrial advancement. <Amended on Dec. 30, 2013> |
| (2) | The State and each local government may assist industrial educational institutions in establishing and providing special courses for training talented people in the STEAM fields of study (Science, Technology, Engineering, Arts, and Mathematics) and young entrepreneurs. <Newly Inserted on Dec. 30, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 8 (Establishment and Provision of Vocational Education and Training Courses by Agreement) |
| (1) | An industrial educational institution may establish and operate vocational education and training courses or departments by educational district, among the industrial educational institutions or by individual industrial educational institution by agreement with the State, local governments or industrial enterprises, etc. in any of the following cases. In such cases, when it is necessary to establish new departments or faculties, the existing departments and faculties or similar departments and faculties shall be utilized preferentially above others: <Amended on Nov. 28, 2017> |
| 1. | Where the State, local governments or industrial enterprises, etc. require the operation of special curricula by agreement on support of school expenses on condition of employment; |
| 2. | Where the State, local governments or industrial enterprises, etc. request education for reeducation, enhancement of vocational ability or education for relocation with payment of the whole or part of such expenses; |
| 3. | Where the State, local governments or industrial enterprises, etc. require the operation of the curricula through the joint establishment of standards for selecting students, the joint development of the curricula and educational materials and the participation of the personnel of industrial enterprises, etc. in such education. |
| (2) | Where the head of an industrial educational institution intends to establish and operate a department or faculty under an agreement pursuant to paragraph (1) (hereinafter referred to as "agreed department or faculty"), he or she shall report to the Minister of Education on a plan for such establishment and operation, as prescribed by Presidential Decree. <Newly Inserted on Mar. 27, 2015> |
| (3) | Where the head of an industrial educational institution intends to abolish an agreed department or faculty, he or she shall report to the Minister of Education on a plan for such abolishment, as prescribed by Presidential Decree. <Newly Inserted on Mar. 27, 2015> |
| (4) | Industrial educational institutions, industrial enterprises, etc. shall observe guidelines for the establishment of agreed departments and faculties prescribed in paragraph (1). <Newly Inserted on Mar. 27, 2015> |
| (5) | The State and local governments may wholly or partially support the expenses necessary for establishing and operating the vocational education and training courses, etc. under paragraph (1). <Newly Inserted on Nov. 28, 2017> |
| (6) | Matters necessary for the establishment and operation of vocational education and training courses, etc. as well as the methods for selecting students under paragraph (1), a prescribed fixed number of students, tuition payments, expenses support under paragraph (5), etc. shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2015; Nov. 28, 2017> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 8-2 (Restrictions on Establishment of Agreed Departments) |
| (1) | If an industrial educational institution establishes, operates or abolishes an agreed department or faculty, in violation of Article 8, the Minister of Education may place restrictions on the new establishment of an agreed department or faculty against the industrial educational institution for the period specified by Presidential Decree. |
| (2) | If an industrial enterprise fails to observe any of the guidelines for the establishment of agreed departments, etc., in violation of Article 8 (4), the Minister of Education may place restrictions on the establishment of a new agreed department or faculty against the industrial enterprise for the period specified by Presidential Decree. |
| (3) | Matters necessary for placing restrictions, etc. on the establishment of agreed departments, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 8-3 (Reporting and Inspection) |
| (1) | The Minister of Education may order the head of an industrial educational institution to submit a report or various statistical data on the agreed departments, etc. established and operated pursuant to Article 8, if deemed necessary. In such cases, the relevant industrial educational institution shall comply with such order, except in extenuating circumstances. |
| (2) | The Minister of Education may require subordinate public officials to inspect books of accounts, documents, etc. of an industrial educational institution or may take other necessary measures, if deemed necessary. |
| (3) | A person who conducts an inspection, etc. under paragraph (2) shall carry a certificate indicating his or her authority and produce it to interested persons. |
[This Article Newly Inserted on Mar. 27, 2015]
| Article 9 (Industrial Advice) |
| (1) | An industrial teacher may give industrial advice in consultation with the head of an industrial enterprise, etc. in the field of or in a field related to his or her major. |
| (2) | The head of an industrial enterprise, etc. who requires industrial advice may request the head of an industrial educational institution or an industrial teacher to provide such industrial advice. In such cases, the head of the industrial educational institution or the industrial teacher whose industrial advice has been requested shall provide industrial advice unless he or she has any special reason. |
| (3) | An industrial teacher or the head of an industrial enterprise, etc. may use the research instruments, in consultation with each other, of an industrial educational institution or an industrial enterprise, etc., when it is necessary to use them, for the improvement and development of industrial technologies. |
| (4) | Matters necessary for the industrial advice and use of research instruments shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 10 (Securing of Facilities for Experimentation and Practice) |
| (1) | The founder and manager of each industrial educational institution shall provide itself with the facilities and equipment necessary for experimentation and practice for industrial education in the industrial educational institution he or she have established and manages, and shall maintain such facilities and equipment. |
| (2) | Standards for the facilities and equipment to be provided under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 11 (Special Consideration for Experimentation and Practice Expenses) |
The State and local governments shall give special consideration when compiling and allocating the budget for the experimentation and practice in the industrial educational institutions they have established and manage so that industrial education may be effectively enhanced.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 11-2 (Training of Human Resources for Industrial Technology) |
| (1) | The Minister of Education may formulate and implement the following measures to train human resources in industrial technology: <Amended on Mar. 23, 2013; Dec. 30, 2013> |
| 1. | Establish a system to train technical human resources meeting the demand of enterprises; |
| 2. | Train excellent human resources by facilitating industry-academia-research cooperation; |
| 3. | Support an educational reform to promote industry-academia-research cooperation, and the training of talented people in the STEAM fields of study (Science, Technology, Engineering, Arts, and Mathematics) and young entrepreneurs; |
| 4. | Train technical human resources in the future promising fields regarding industrial technology; |
| 5. | Train technical human resources leading regional growth; |
| 6. | Reeducate technical human resources; |
| 7. | Promote the supply of technical human resources to small and medium businesses; |
| 8. | Train female technical human resources and encourage them to enter into industrial and technological fields; |
| 9. | Other matters prescribed by Presidential Decree regarding training of industrial technical human resources. |
| (2) | The State and local governments may provide contributions or subsidies to a research institute, university, or other institution or organization prescribed by Presidential Decree to fully or partially cover expenses incurred in conducting a project to implement policy measures referred to in paragraph (1). |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 11-3 (Operation of In-Service Training) |
| (1) | The Minister of Education means an industrial educational institution (referring to a university falling under item (c) from among the industrial educational institutions provided for in subparagraph 2 of Article 2; hereafter in this Article, the same shall apply) to foster human resources meeting the demand of industrial enterprises and future industrial development. In-service training (referring to in-service training classes pursuant to Article 22 of the Higher Education Act) provided by this Article. (hereafter in this Article, the same shall apply) standardized operational criteria, and an industrial educational institution shall operate in-service training accordingly. |
| (2) | The investigation into actual state under paragraph (1) shall include the matters in the following subparagraphs: |
| 1. | Matters concerning the procedures and methods for selection of in-service training industrial enterprises (hereafter referred to as "practical training institutions" in this Article); |
| 2. | Matters concerning the selection of students participating in in-service training, hours of practical training on duty, hours of education related to duties, and contents of the in-service training; |
| 3. | Matters concerning support expenses for in-service training (referring to expenses paid to students participating in in-service training at practical training institutions in connection with in-service training); |
| 4. | Other matters necessary for operating the in-service training. |
| (3) | A practical training institute shall pay the expenses for in-service training under paragraph (2) 3 in accordance with the standards prescribed by Presidential Decree, in consideration of the hours of practical training on duty, the hours of job-related education, the minimum amount of an hourly wage under Article 5 (1) of the Minimum Wage Act, etc. |
| (4) | The heads of relevant central administrative agencies and the heads of local governments shall formulate in-service training plans pursuant to Article 5 (3) 3 in compliance with the operational criteria referred to in paragraph (1). |
| (5) | Other necessary matters concerning the in-service training shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 22, 2020]
| Article 12 (Qualifications, Quotas, and Remuneration for Industrial Teachers) |
The State and local governments shall take special measures for qualifications, quotas and remuneration for industrial teachers in the light of specialty and importance of industrial education.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 12-2 (Evaluation and Reflection of Outcomes in Industry-Academia-Research Cooperation) |
The head of an industrial educational institution shall take necessary measures so that the record of an industrial teacher participating in industry-academia-research cooperation and the results therefrom may be evaluated and reflected properly in his or her evaluation, promotion, remuneration, etc. <Amended on Jul. 25, 2011>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
| Article 13 (Supply of New Instruments) |
| (1) | In cases where new instruments or new technologies (including newly developed software; hereafter the same shall apply in this Article) of which function has been remarkably enhanced through the application of new principles or the combination of technologies, etc. according to the development of technologies or innovation, have been developed or manufactured, the State and local governments shall take measures to preferentially supply them to industrial educational institutions for teaching and learning and implement such measures. |
| (2) | The industrial enterprises, etc. which have developed the new instruments and new technologies under paragraph (1) shall endeavor to supply such new instruments and new technologies preferentially to the industrial educational institutions. |
| (3) | Matters necessary for the affairs, etc of preferential supply of new instruments and new technologies under paragraphs (1) and (2) to industrial educational institutions shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 13-2 (Establishment of Industrial Education Centers) |
| (1) | Where it is necessary for promoting industrial education, the Minister of Education may establish an industrial education center or may designate an institution or organization deemed capable of providing industrial education as an industrial education center and operate such center. |
| (2) | An industrial education center shall perform the following business activities: |
| 1. | Development and distribution of education materials and programs; |
| 2. | Provision of eduction and training for industrial teachers; |
| 3. | Building and operation of a network of cooperation among industrial education institutions; |
| 4. | Other matters necessary for the promotion of industrial education. |
| (3) | The Minster of Education may revoke the designation of an industrial education center, where the industrial education center designated pursuant to paragraph (1) falls under any of the following: Provided, That he or she shall revoke designation in cases falling under subparagraph 1: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where the industrial education center fails to meet the standards for designation; |
| 3. | Where the industrial education center is deemed to significantly fall short of the capabilities to perform duties. |
| (4) | In cases of revoking designation pursuant to paragraph (3), the Minister of Education shall hold a hearing. |
| (5) | Matters necessary for the standards for and procedures for designation of industrial education centers shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 22, 2016]
CHAPTER III NATIONAL COMMITTEE ON INDUSTRY-ACADEMIA-RESEARCH COOPERATION
| Article 14 (Establishment of National Committee on Industry-Academia-Research Cooperation, and Matters to Be Deliberated) |
| (1) | The National Committee on Industry-Academia-Research Cooperation (hereinafter referred to as “Committee”) shall be established under the jurisdiction of the Prime Minister to coordinate major policies and plans for industrial education enhancement and industry-academia-research cooperation, and deliberate on matters concerning the efficient operation of the related projects. |
| (2) | The Committee shall deliberate on the following matters: |
| 1. | Matters concerning formulating and coordinating major policies and plans for enhancing industrial education and encouraging industry-academia-research cooperation; |
| 2. | Matters concerning formulating basic plans; |
| 3. | Matters concerning the annual implementation plan for the next year under paragraph (3) and the execution outcomes of the annual implementation plan of the previous year under Article 5 (4); |
| 4. | Matters concerning investigating, analyzing and evaluating projects for enhancing industrial education and encouraging industry-academia-research cooperation; |
| 5. | Matters concerning establishing a supporting system for executing policies for industry-academia-research cooperation and industrial human resources fosterage; |
| 6. | Matters prescribed by this Act or any other statute to be referred to the Committee for deliberation; |
| 7. | Matters related to the business affairs and operation of the Committee, which are referred by the Chairperson to a meeting of the Committee. |
| (3) | Detailed matters concerning deliberation by the Committee under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 15 (Composition and Operation of Committee) |
| (1) | The Committee shall be comprised of not more than 25 members, including two Chairpersons. |
| (2) | The Prime Minister and a person designated by the President from among those falling under subparagraph 2 shall be Co-Chairpersons of the Committee, and the following persons shall be the members thereof: |
| 1. | The heads of central administrative agencies and public officials in political service prescribed by Presidential Decree; |
| 2. | The persons commissioned by the President, from among those with abundant expertise and experience concerning industrial education and industry-academia-research cooperation. |
| (3) | The Chairpersons shall represent the Committee, and the Chairperson who is the Prime Minister convenes and presides over the Committee’s meetings. |
| (4) | Where the Chairperson who is the Prime Minister is unable to perform his or her duties due to any unavoidable cause/reason, the Chairperson designated by the President pursuant to paragraph (2) shall act on behalf of the former. |
| (5) | Where a vacancy in position of a member occurs, a new member shall be designated or commissioned pursuant to paragraph (2) without delay. |
| (6) | The Committee shall have one administrative secretary to efficiently operate and support the Committee, who shall be the Minister of Education. |
| (7) | Other matters necessary for composing and operating the Committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 16 Deleted. <Mar. 27, 1997> |
| Article 17 Deleted. <Mar. 27, 1997> |
CHAPTER IV CHARGE TO THE STATE AND LOCAL GOVERNMENTS
| Article 18 (Charge of Installation Expenses of Facilities for Experimentation and Practice) |
| (1) | The State and local governments shall bear the expenses, within the extent of budget, for securing and maintaining the facilities and equipment necessary for experimentation and practice at industrial educational institutions they have established and manage. |
| (2) | The State shall subsidize the whole or part of the expenses local governments bear under paragraph (1) as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 19 (Charge of Operating Expenses of Facilities for Experimentation and Practice) |
| (1) | The State and local governments shall bear, within the extent of budget, the operating expenses of the facilities for experimentation and practice and the expenses necessary for experimentation and practice of the industrial educational institutions they have established and manage. |
| (2) | The State shall subsidize the whole or part of the expenses local governments bear under paragraph (1) as prescribed by Presidential Decree. |
| (3) | The State may subsidize, within the extent of budget, the whole or part of the expenses necessary for in-service training of industrial teachers provided by the local governments. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 20 (Subsidizing Installation Expenses of Private Schools) |
| (1) | The State and local governments may subsidize part of the expenses incurred in the installation of facilities and equipment for experimentation and practice and the expenses incurred in experimentation and practice for industrial education by private industrial educational institutions. |
| (2) | Matters necessary for the basis of payment of subsidies, etc. as referred to in paragraph (1) shall be prescribed by Presidential Decree in cases where the State subsidizes, and shall be prescribed by Municipal Ordinance of the competent local government in cases where a local government subsidizes. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 21 Deleted. <Mar. 27, 1997> |
| Article 22 (Development of Curricula and Publication of Textbooks) |
| (1) | The State shall take special measures for enhancing industrial education, as prescribed by Presidential Decree, concerning the development of curricula for industrial education and the compilation, authorization, approval and publication of textbooks. |
| (2) | The State may subsidize part of the expenses incurred in the development of curricula for industrial education and the publication of textbooks under paragraph (1) within the extent of budget. |
| (3) | Matters necessary for the basis of payment of subsidies, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 22-2 (Financial Support for Evaluation and Certification of Curricula) |
The State and local governments may furnish financial support to an academy or organization, etc. evaluating and certifying the industrial education curricula managed by an industrial educational institution.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 23 (Payment of Scholarships) |
| (1) | The State and local governments may award scholarships to students attending industrial educational institutions. |
| (2) | Matters necessary for the basis of payment of scholarships, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
CHAPTER V PROMOTION OF INDUSTRY- ACADEMIA-RESEARCH COOPERATION
| Article 24 (Agreements on Industry-Academia-Research Cooperation) |
| (1) | The head of an industrial educational institution may enter into an agreement on industry-academic cooperation (hereinafter referred to as "industry-academia-research cooperation agreement") with the State, a local government, research institute, industrial enterprise, etc. <Amended on Jul. 25, 2011> |
| (2) | The director of any industry-academic cooperation foundation has been established under Article 25 may enter into an industry-academia-research cooperation agreement, notwithstanding paragraph (1). In such cases, the director of an industry-academic cooperation foundation shall be deemed to have been delegated the authority of the head of an industrial educational institution concerning the industry-academia-research cooperation agreement. <Amended on Jul. 25, 2011> |
| (3) | Industry-academia-research cooperation agreements shall be entered into based on voluntary agreement among contracting parties under the principle of reciprocity. <Newly Inserted on Dec. 30, 2013> |
| (4) | Industry-academia-research cooperation agreements shall include: <Amended on Dec. 30, 2013> |
| 1. | Matters concerning bearing of expenses incurred in performing the relevant industry-academia-research cooperation agreement (including expenses incurred in utilizing facilities, equipment, human resources, intellectual property rights, etc.) or compensation for such expenses; |
| 2. | Matters concerning the ownership and distribution of outcomes from the performance of the relevant industry-academia-research cooperation agreement. |
| (5) | An industry-academia-research cooperation agreement executed by the president, or the founder and manager of a university as at the time an industry-academic cooperation foundation is established shall be deemed executed by the director of the industry-academic cooperation foundation. <Amended on Jul. 25, 2011; Dec. 30, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
| Article 25 (Establishment and Management of Industry-Academic Cooperation Foundation) |
| (1) | A university may establish an organization to be in charge of the affairs for industry-academia-research cooperation (hereinafter referred to as the "industry-academic cooperation foundation") prescribed by the school regulations. <Amended on Jul. 25, 2011> |
| (2) | Each industry-academic cooperation foundation shall be a juristic person. |
| (3) | Each industry-academic cooperation foundation shall be realized with the registration of establishment at the seat of its main office as prescribed by Presidential Decree. |
| (4) | The name of the school concerned shall be indicated in the name of an industry-academic cooperation foundation. |
| (5) | In cases where an industry-academic cooperation foundation is dissolved, its residual assets shall revert to the founder and manager of the school concerned. In such cases, the residual assets that revert to the school juristic person shall be deposited in the school expense account under Article 29 (2) of the Private School Act: Provided, That the relevant assets that revert to foreign educational institutions referred to in subparagraph 2 (c) of Article 2 shall be deposited in account equivalent to the school expense account under Article 29 (2) of the Private School Act. <Amended on Mar. 24, 2020> |
| (6) | Articles 34 through 36, 50 through 52, 53, 54, 55 (1), 59 (2), 61, 65, and 81 through 95 of the Civil Act shall apply mutatis mutandis to the capacity, address, registration, list of assets, directors, dissolution and liquidation of an industry-academic cooperation foundation and Articles 59 (2), 61 and 65 of the same Act shall apply mutatis mutandis to the liquidator of an industry-academic cooperation foundation. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 26 (Articles of Association) |
The president of a university shall, if he or she intends to establish an industry-academic cooperation foundation, draft the articles of association in which the matters of the following subparagraphs are included: <Amended on Mar. 24, 2020>
| 4. | Matters concerning the affairs and the performance thereof; |
| 5. | Matters concerning the assets and accounting; |
| 6. | Matters concerning the establishment of a subordinate organization; |
| 7. | Matters concerning the appointment and dismissal of the director, researchers, and staff; |
| 8. | Matters concerning agency on behalf of the director; |
| 9. | Matters concerning the modification of the articles of association; |
| 10. | Matters concerning the dissolution; |
| 11. | Matters concerning the method of public notification. |
| 12. | Matters concerning succession to an industry-academic cooperation foundation to the rights of teachers and staff to invention and the use, etc. of foreign educational institutions (limited to foreign educational institutions under subparagraph 2 (c) of Article 2) of earnings from such succession; |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 27 (Affairs of Industry-Academic Cooperation Foundations) |
| (1) | An industry-academic cooperation foundation shall: <Amended on Dec. 21, 2007; May 19, 2011; Jul. 25, 2011; Dec. 30, 2013> |
| 1. | Conclude and implement industry-academia-research cooperation agreements; |
| 2. | Manage accounting related to industry-academia-research cooperation projects; |
| 3. | Acquire and manage intellectual property rights; |
| 4. | Support facilities and management of the relevant university; |
| 5. | Transfer technologies and promote the commercialization thereof; |
| 6. | Remunerate persons who provide technology related to invention made in the course of duties and persons who conduct research related thereto; |
| 7. | Assist teaching staff members and students of industrial educational institutions in starting up a new business, and encourage them to develop entrepreneurship; |
| 8. | Conduct other activities specified by Presidential Decree, related to industry-academia-research cooperation. |
| (3) | A university may establish an organization solely in charge of the affairs referred to in paragraph (1) 7 as an organization subordinate to an industry-academic cooperation foundation pursuant to Article 29. <Newly Inserted on Dec. 30, 2013> |
[This Article Newly Inserted on May 27, 2003]
| Article 28 (Chairperson of Industry-Academic Cooperation Foundation) |
| (1) | Each industry-academic cooperation foundation shall have one chairperson. |
| (2) | The chairperson of an industry-academic cooperation foundation shall become a member of the board of directors of the industry-academic cooperation foundation. |
| (3) | The chairperson of an industry-academic cooperation foundation shall represent the industry-academic cooperation foundation and exercise overall control of the affairs concerned under the direction and supervision of the president of the university concerned. |
| (4) | The chairperson of an industry-academic cooperation foundation shall be appointed and dismissed by the president of the university concerned. In such cases, matters necessary for the appointment and dismissal shall be prescribed by the school regulations. |
| (5) | When the chairperson of an industry-academic cooperation foundation is unable to perform his or her duties due to unavoidable reasons, the person in the order of priority as prescribed by the articles of association shall act on his or her behalf. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 29 (Organization of Industry-Academic Cooperation Foundation) |
An industry-academic cooperation foundation may have a subordinate organization necessary for the performance of its affairs as prescribed by the articles of association.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 30 (Business Year) |
The business year of an industry-academic cooperation foundation shall adopt to the fiscal year of the university concerned.
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | The financial sources of the following subparagraphs shall be the revenues of an industry-academic cooperation foundation: <Amended on Dec. 21, 2007; Jul. 25, 2011> |
| 1. | Contributions or subsidies from the State or local government; |
| 2. | Earnings, securities and other goods with economic value by the industry-academia-research cooperation agreement under Article 24 (1); |
| 3. | Earnings, securities and other goods with economic value as a result of the industry-academia-research cooperation; |
| 4. | Contributions received concerning industry-academia-research cooperation; |
| 5. | Operating earnings from the school enterprise established by a national university, a public university or an industry-academic cooperation foundation under Article 36; |
| 6. | Dividend and other earnings from the industry-academic cooperation technology holding company (hereinafter referred to as the "technology holding company"); |
| 7. | Other earnings as prescribed by Presidential Decree, such as income from interests, etc. |
| (2) | The founder and manager of a university may contribute, if he or she has revenues under any subparagraph of paragraph (1) at the time an industry-academic cooperation foundation is established. In such cases, Article 29 (6) of the Private School Act shall not apply to private schools. <Amended on Dec. 21, 2007> |
[This Article Newly Inserted on May 27, 2003]
| (1) | An industry-academic cooperation foundation may make expenditure under the following subparagraphs: <Amended on Dec. 21, 2007, Jul. 25, 2011> |
| 1. | Expenses for the administration and management of an industry-academic cooperation foundation; |
| 2. | Expenses for the implementation of industry-academia-research cooperation agreements; |
| 3. | Support expenses for the facilities and management of the university concerned; |
| 4. | Rewards for the staff and students of the university who have contributed to the financial sources as referred to in Article 31 (1) 2 through 7; |
| 5. | Operating expenses for the school enterprise established by a national university, a public university or an industry-academic cooperation foundation under Article 36; |
| 6. | Investment in a technology holding company; |
| 7. | Working expenses and operating support expenses for a council, etc. under Article 38; |
| 8. | Other expenses as prescribed by Presidential Decree as the expenses deemed necessary in connection with industry-academia-research cooperation. |
| (2) | Criteria and procedures for the payment of the reward under paragraph (1) 4 and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2007> |
[This Article Newly Inserted on May 27, 2003]
| Article 32-2 (Restriction on Guarantees for Obligations for Third Parties) |
No industry-academic cooperation foundation shall guarantee the obligations of third parties or provide security for third parties.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 33 (Principle of Accounting) |
| (1) | An industry-academic cooperation foundation shall keep the accounts to clearly indicate its revenue and expenditure, and the conditions of increase and decrease, and change in assets. |
| (2) | Matters necessary for the operation of accounting of an industry-academic cooperation foundation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 34 (Employment of Researchers) |
| (1) | An industry-academic cooperation foundation may employ researchers and employees whose remuneration shall be borne and paid by the industry-economic cooperation foundation. |
| (2) | In case of the employment of researchers and employees as referred to in paragraph (1), an industry-academic cooperation foundation shall stipulate the terms of the contract such as working period, salaries, working conditions, etc. |
| (3) | The president of a university may, in consultation with the director of an industry-academic cooperation foundation, have researchers and employees under paragraph (1) take charge of education, research, and other affairs of such university. |
| (4) | The president of a university may have school personnel under his or her control perform the affairs of an industry-academic cooperation foundation at the request of the director of an industry-academic cooperation foundation. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 35 (Acquisition and Management of Intellectual Property Rights) |
| (1) | An industry-academic cooperation foundation may acquire, use, and manage intellectual property rights in accordance with the relevant industry-academia-research cooperation agreement. <Amended on May 19, 2011; Jul. 25, 2011> |
| (2) | The State and a local government may subsidize an industry-academic cooperation foundation to partially cover expenses incurred in acquiring and managing intellectual property rights under paragraph (1). <Newly Inserted on Jul. 25, 2011> |
| (3) | When entering into an industry-academia-research cooperation agreement, an industry-academic cooperation foundation shall endeavor to secure funds to cover expenses to be incurred in acquiring and managing intellectual property rights associated with outcomes from the performance of the industry-academia-research cooperation agreement, to promote commercialization of technology and industry-academia-research cooperation. <Newly Inserted on Jul. 25, 2011> |
| (4) | An industry-academic cooperation foundation shall formulate and implement regulations about the acquisition and management of intellectual property rights, the transfer and commercialization of technologies, etc. <Newly Inserted on Dec. 30, 2013> |
| (5) | Regulations about the acquisition and management of intellectual property rights, the transfer and commercialization of technologies, etc. referred to in paragraph (4) shall include provisions concerning the following: <Newly Inserted on Dec. 30, 2013> |
| 1. | Filing applications for intellectual property rights, and registration, protection, transfer, and utilization of intellectual property rights; |
| 2. | Limitations on utilization of intellectual property rights following commercialization of technologies, basic requirements for utilization of intellectual property rights, etc.; |
| 3. | Registration and management of information about the transfer and commercialization of technologies; |
| 4. | Compensation to researchers (inventors) or persons who contribute to the transfer of technologies; |
| 5. | Other matters deemed necessary by the director of an industry-academic cooperation foundation for promoting the transfer and commercialization of technologies. |
[This Article Newly Inserted on May 27, 2003]
[Title Amended on May 19, 2011]
| Article 36 (School Enterprises) |
| (1) | An industrial educational institution or an industry-academic cooperation foundation may have a department (hereinafter referred to as "school enterprise") directly manufacturing, processing, repairing, selling goods and providing services, etc. in connection with a specific course of study or curricula to utilize them in the in-service training and research of students and teachers, and to promote commercialization by transferring the technologies developed by the industrial educational institutions to the private sector. In such cases, such business activities shall neither cause any inconvenience to education nor shall compel students and school personnel to use them. <Amended on Dec. 21, 2007> |
| (2) | The revenue of a school enterprise shall be the income of the accounts by the classification of the following subparagraphs and keep accounts classified by the school enterprise: <Amended on Dec. 21, 2007> |
| 1. | In cases where an industrial educational institution has a school enterprise: accounts of an industrial educational institution (referring to the accounts of an industry-academic cooperation foundation in cases of a national university and a public university); |
| 2. | In cases where an industry-academic cooperation foundation has a school enterprise: accounts of an industry-academic cooperation foundation. |
| (3) | Items of business which a school enterprise may manage and other necessary matters for the establishment and management of a school enterprise shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2007> |
[This Article Newly Inserted on May 27, 2003]
| Article 36-2 (Establishment and Operation of Technology Holding Companies) |
| (1) | An industry-academic cooperation foundation or an industrial educational institution specified by Presidential Decree, among industrial educational institutions defined under subparagraph 2 (c) of Article 2, (hereinafter referred to as "industry-academic cooperation foundation, etc.") may establish a technology holding company either solely or jointly with any of the following: <Amended on Jul. 25, 2011; Dec. 30, 2013> |
| 1. | An industry-academic cooperation foundation of another university; |
| 2. | An educational foundation (limited to where no industry-academic cooperation foundation exist within the educational foundation); |
| (2) | A technology holding company shall meet the following requirements and obtain authorization for establishment from the Minister of Education. Procedures for obtaining authorization for establishment shall be prescribed by Ordinance of the Ministry of Education: <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Dec. 30, 2013> |
| 1. | That is shall be a stock company; |
| 3. | That an industry-academic cooperation foundation, etc. (including those referred to in paragraph (1), if the industry-academic cooperation foundation, etc. establishes a technology holding company jointly with any of the institutions referred to in paragraph (1); hereinafter the same shall apply) shall invest technology in kind, in excess of 30/100 of the capital of the relevant technology holding company, and hold more than 50/100 of the total number of issued stocks; |
| 4. | That it shall meet other standards prescribed by Presidential Decree. |
| (4) | A technology holding company may engage in business activities prescribed by Presidential Decree regarding establishment and business administration of a subsidiary company and incidental to such business activities, as well as the operation of the technology holding company. <Amended on Jul. 25, 2011> |
| (5) | The State and a local government shall grant subsidies to industry-academic cooperation foundations, etc. to fully or partially cover expenses incurred in establishing and operating a technology holding company, etc., within the budgetary limits. <Newly Inserted on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 36-3 (Methods of Establishment of Subsidiary Companies) |
| (1) | A technology holding company may establish a subsidiary company utilizing technology held by an industry-academic cooperation foundation, industrial educational institution, or a research institute. <Amended on Jul. 25, 2011; Dec. 30, 2013> |
| (2) | A technology holding company may directly establish a subsidiary company or form a subsidiary by acquiring stocks or equity shares of a third company prescribed by Presidential Decree. <Newly Inserted on Jul. 25, 2011> |
| (3) | A subsidiary company shall be a stock company or limited-liability company. <Amended on Jul. 25, 2011> |
| (4) | Deleted. <Jul. 25, 2011> |
| (5) | Deleted. <Jul. 25, 2011> |
| (6) | Deleted. <Jul. 25, 2011> |
| (7) | Deleted. <Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
| Article 36-4 (Investment in Subsidiary Company) |
| (1) | Where a technology holding company makes technology in-kind investment in a subsidiary company, Article 36-2 (3) shall apply mutatis mutandis. |
| (3) | Where a technology in-kind investment that has been made in a technology holding company is made to its subsidiary company within six months from the date of the investment, an amount assessed when the technology holding company has made the technology in-kind investment may be deemed the amount of in-kind investment made to the subsidiary company. |
| (4) | A technology holding company (excluding a technology holding company equivalent to a venture holding company defined in Article 8-2 (1) 2 of the Monopoly Regulation and Fair Trade Act) shall hold at least 10/100 of stocks with voting rights of a subsidiary company: Provided, That this shall not apply where there exist reasons prescribed by Presidential Decree, such as the transfer of shares, etc. <Amended on Dec. 22, 2020> |
| (5) | No technology holding company shall guarantee its subsidiary company’s risk. |
| (6) | No subsidiary company shall acquire or possess the stocks of a technology holding company acquiring or holding the stocks of the subsidiary company or of the stocks of another subsidiary company: Provided That this shall not apply where it falls under any of the following subparagraphs: |
| 1. | Merger with a company or acquisition by transfer of the whole business of a company; |
| 2. | Exercise of security rights or acceptance of payment in kind. |
| (7) | A company has invested under the proviso to paragraph (6) shall dispose of the stocks concerned within six months from the date of such acquisition or possession: Provided, That this shall not apply where a company acquiring or holding its stocks disposes of such stocks. |
[This Article Newly Inserted on Jul. 25, 2011]
[Previous Article 36-4 moved to Article 36-5 <Jul. 25, 2011>]
| Article 36-5 (Names of Technology Holding Company) |
| (1) | A technology holding company shall indicate the name of a university (including an institution under Article 36-2 (1) where a technology holding company is established jointly with the institution) and its being a technology holding company in its trade name. <Amended on Jul. 25, 2011> |
| (2) | A person who is not a technology holding company shall not use the name, Technology Holding Company, or any other similar name in its trade name, and with regard to a person who violates such provision, Article 28 of the Commercial Act shall apply mutatis mutandis. <Amended on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
[Moved from Article 36-4 and the Former Article 36-5 Moved to Article 36-6 <Jul. 25, 2011>]
| Article 36-6 (Restriction on Use of Dividends) |
| (1) | Dividends and other earnings an industry-academic cooperation foundation, etc. has received from a technology holding company shall be used for the activities specified in Article 27 (1) and research activities of the relevant university: Provided, That such dividends and earnings shall be used only for the activities specified by Presidential Decree and directly related to research activities of the relevant university in cases falling under Article 27 (1) 4. <Amended on Jul. 25, 2011; Dec. 30, 2013> |
| (2) | Dividends and other earnings a research institute has received from a technology holding company shall be used only for the purposes specified by Presidential Decree, such as re-investment in research activities or the technology holding company. <Newly Inserted on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 36-5 and the Former Article 36-6 Moved to Article 36-7 <Jul. 25, 2011>]
| Article 36-7 (Concurrent Holding of Office and Leave of Absence by Faculty Members or Researchers) |
| (1) | A faculty member of a university, a staff member of a research institute may hold a concurrent office as the representative, an executive, or an employee of a technology holding company and a subsidiary company or take a leave of absence become representative, executive, or employee with permission from the head of the university or the research institute to which he or she belongs. Further details shall be prescribed by Presidential Decree. <Amended on Jul. 25, 2011> |
| (2) | A person who has obtained permission for concurrent holding of office or leave of absence from office as referred to in paragraph (1) shall not be at a disadvantage in relation to his or her social position as a result therefrom. <Amended on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
[Moved from Article 36-6 and the Former Article 36-7 Moved to Article 36-8 <Jul. 25, 2011>]
| Article 36-8 (Revocation of Authorization for Technology Holding Companies) |
| (1) | In any of the following applies to a technology holding company, the Minister of Education may issue a corrective order to the technology holding company, specifying a period: <Amended on Feb. 29, 2008, Jul. 25, 2011; Mar. 23, 2013> |
| 1. | Where it fails to meet any of the requirements for authorization for establishment prescribed under Article 36-2 (2); |
| 2. | Where it conducts any affairs other than those prescribed under Article 36-2 (4); |
| 3. | Where it violates the restriction on use of dividends under Article 36-6. |
| (2) | In any of the following applies to a technology holding company, the Minister of Education may revoke authorization to establish the technology holding company granted under Article 36-2 (2): <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where it has obtained such authorization by fraudulent or other illegal means; |
| 2. | Where it fails to obey a corrective order issued under paragraph (1). |
[This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 36-7 and the Former Article 36-8 Moved to Article 36-9 <Jul. 25, 2011>]
The Minister of Education shall hold a hearing before revoking authorization to establish a technology holding company pursuant to Article 36-8 (2). <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013> [This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 36-8 and the Former Article 36-9 Moved to Article 36-10 <Jul. 25, 2011>]
| Article 36-10 (Mutatis Mutandis Application of the Commercial Act) |
Except as provided in this Act, the Commercial Act shall apply mutatis mutandis to a technology holding company and a subsidiary company in this Act. [This Article Wholly Amended on Dec. 21, 2007]
[Moved from Article 36-9 <Jul. 25, 2011>]
| Article 37 (Cooperative Research Institutes) |
| (1) | The founder and manager of a university, notwithstanding Articles 18 and 27 of the State Property Act, Articles 13 and 19 of the Public Property and Commodity Management Act, Article 4 of the Higher Education Act, and Article 5 of the Private School Act, may enable the State, a local government, a research institute, or an industrial enterprise, etc. to construct buildings or other permanent facilities by lending part of the land of the university or by creation of superficies as prescribed by Presidential Decree in order to establish a research institute in the premises of the university, which is to be operated by the State, the local government, the research institute or the industrial enterprise, etc. (hereinafter referred to as “cooperative research institute”). <Amended on Jan. 30, 2009; Jul. 25, 2011> |
| (2) | In cases where the founder and manager of the university allows the use of part of the land of the university under paragraph (1), it shall do so on condition that the university and the cooperative research institutes use the facilities, machinery and materials, human resources, etc. jointly. |
| (3) | When an agreement on the lease of part of the land of a university or the creation of superficies (including the case of the renewal of the agreement) under paragraph (1) expires, the State, a local government, a research institute, or an industrial enterprise, etc. shall either donate the buildings and other permanent facilities concerned to the founder and manager of the university or restore the land to its original state and return it. <Amended on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 37-2 (Joint Use of Human Resources) |
| (1) | The heads of a university and a research institute (referring only to the research institutes provided for in Presidential Decree from among research institutes referred to in subparagraph 5 (a) of Article 2 and those provided for in items (c) and (d) of the same subparagraph; hereinafter the same shall apply) may determine matters regarding the joint use of human resources in a mutually agreed manner. |
| (2) | A faculty member of a university may be appointed as a faculty researcher of a relevant research institute while maintaining his or her current position and status within the university to which he or she belongs after obtaining approval by the heads of the university and the research institution. The procedures and other details shall be prescribed by Presidential Decree. |
| (3) | A researcher of a research institute may be appointed as a faculty researcher of a relevant university while maintaining his or her current position and status within the research institute to which he or she belongs after obtaining approval by the heads of both the research institute and the university. The procedures therefor and other details shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 37-3 (Dispatches) |
| (2) | In the case of a dispatch referred to in paragraph (1), salaries shall, in principle, be paid by the institution to which the faculty member is dispatched. |
| (3) | A person who is dispatched under paragraph (1) shall not be at a disadvantage in relation to his or her social position or personnel matters. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 37-4 (Joint Use of Research Facilities and Equipment) |
| (1) | The State may formulate and implement a plan for the joint use of research facilities and equipment and the activation of exchange of research and development information, including the efficient use of research facilities and equipment and the nurturing of human resources specialized in operating equipment. |
| (2) | Where an industrial educational institutions being supported with its operating expenses from the State, a local government or a public institution established under the Act on the Management of Public Institutions is asked to make its research facilities and equipment available for use, the institution shall actively cooperate to the extent such use does not interfere with the institution’s business. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 38 (Councils for Industry-Academia-Research Cooperation) |
Industry-academic cooperation foundations, industrial educational institutions, and research institutes, organizations, industrial enterprises, etc. participating in industry-academic cooperation may organize and operate a council, etc. for: <Amended on Jul. 25, 2011; Dec. 30, 2013>
| 1. | Jointly performing industry-academia-research cooperation projects; |
| 2. | Exchanging information on industry-academia-research cooperation; |
| 3. | Exchanges between personnel in charge of industry-academia-research cooperation and development of their capabilities; |
| 4. | Promoting industry-academia-research cooperation and publicizing outcomes from industry-academia-research cooperation. |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
| Article 39 (Support for Promoting Industry-Academia-Research Cooperation) |
| (1) | The State and each local government may provide financial support to industry-academic cooperation foundations, industrial educational institutions, and organizations that perform industry-academia-research cooperation projects, or promote and assist in industry-academia-research cooperation, and for such projects. <Amended on Jul. 25, 2011; Dec. 30, 2013> |
| (2) | When the State or a local government intends to require an industrial educational institution to bear a specific amount of expenses in implementing industry-academia-research cooperation with such institution, it shall be limited to the minimum amount necessary, considering the nature and objectives of such industry-academia-research cooperation. <Amended on Jul. 25, 2011> |
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Jul. 25, 2011]
| Article 39-2 (Preparation of Statistics related to Industry-Academia-Research Cooperation) |
| (1) | The State and local governments may prepare and manage statistics related to industry-academia-research cooperation in order to efficiently formulate policies and implement them to foster industry-academia-research cooperation. |
| (2) | The State and local governments may request industrial educational institutions, research institutes, industrial enterprises to prepare, maintain, and manage basic data in order to prepare statistics under paragraph (1). |
| (3) | The scope of statistics prepared pursuant to paragraph (1), matters to be surveyed, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 40 (Support for Loan Contracts for School Expenses) |
An industrial educational institution may give publicity, provide information, mediate and provide other necessary support concerning the contracts on condition that an industrial enterprise, etc. lend the school expenses to a student and exempt the reimbursement of such school expenses in exchange for supply of his or her labor.
[This Article Wholly Amended on Dec. 21, 2007]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 41 (International Cooperation) |
The State and local governments shall establish plans for international cooperation with foreign governments, international organizations or foreign industrial educational institutions, training institutions, industrial research institutes and industrial enterprises, etc. concerning the matters of the following subparagraphs and execute them:
| 1. | Exchanges of information on industrial education; |
| 2. | Exchanges, and study and training of industrial teachers; |
| 3. | Participation in various activities related to industrial education; |
| 4. | Promotion of international cooperation necessary for enhancing industrial education. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 42 (Assistance to Learners of Private Teaching Institutes) |
| (2) | The State and local governments may, if necessary, provide administrative and financial support for the fosterage of the private teaching institutes under paragraph (1). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 43 (Entrustment of Affairs) |
| (1) | The Minister of Education may entrust part of administrative affairs regarding industrial education and industry-academia-research cooperation to corporations or organizations specified by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 44 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 45 (Confidentiality) |
A corporation or an executive or employee of an organization to which part of authority under this Act is delegated may not disclose confidential information which the person has learned in the course of conducting business.
[This Article Newly Inserted on Jul. 25, 2011]
| Article 46 (Penalty Provisions) |
A person who discloses confidential information which he or she has learned in the course of conducting business entrusted in violation of Article 45 shall be punished by imprisonment with labor of up to three years or a fine not exceeding 30 million won. [This Article Newly Inserted on Jul. 25, 2011]
ADDENDA <Act No. 4880, Jan. 5, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on March 1, 1995. |
| (2) | (Transitional Measures concerning Field Practice) Field practice at any industrial enterprise performed under the previous provisions at the time when this Act enters into force shall be considered to have been performed under the provisions of Article 8. |
ADDENDA <Act No. 5316, Mar. 27, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1997.
Article 2 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6878, May 27, 2003>
| (1) | (Enforcement Date) This Act shall enter into force on September 1, 2003: Provided, That the amended provision of Article 36 shall enter into force on March 1, 2004. |
| (2) | (Arrangements for Establishment of Board of Industry-Academic Cooperation) The universities may take measures to make arrangements for the establishment of the board of industry-academic cooperation, such as the amendment of the school regulations, etc., even though prior to the entry into force of this Act. |
| (4) | (Relationship to Other Statutes) Any reference that has been made to the previous Industrial Education Promotion Act or its provisions in other statutes in force at the time this Act enters into force shall be deemed to be a reference that has been made to this Act or its corresponding provisions, if any, in this Act in lieu of the previous Act or its provisions. |
ADDENDA <Act No. 7869, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8108, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8357, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8576, Aug. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8708, Dec. 21, 2007>
This Act Shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2, 27 (1), 31 (1), 32 (1), 32-2, 36 (1) and (2), 36-2 through 36-9 shall enter into force on February 4, 2008.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 10082, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10629, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 10907, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where the Promotion of Industrial Education and Industry-Academic Cooperation Act or the provisions thereof are cited in other statutes at the time this Act enters into force, and this Act includes any provisions corresponding thereto, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the former provisions.
ADDENDUM <Act No. 11682, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 12126, Dec. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13225, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability and Transitional Measures concerning Reporting on Establishment, Operation, or Abolishment of Agreed Departments, etc.)
| (1) | The amended provisions of Article 8 (2) and (3) shall apply, beginning from the first agreed department or faculty to be established and operated or abolished after this Act enters into force. |
| (2) | If an agreed department or faculty has been established and operated pursuant to the former provisions before this Act enters into force, a report thereon shall be submitted to the Minister of Education pursuant to the amended provisions of Article 8 (2) by no later than six months from the date this Act enters into force. |
ADDENDUM <Act No. 14078, Mar. 22, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15041, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17079, Mar. 24, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17660, Dec. 22, 2020>
This Act shall enter into force six months after the date of its promulgation.