CARBON MATERIALS CONVERGENCE TECHNOLOGY DEVELOPMENT AND PROMOTION SUPPORT ACT
Act No. 14213, May 29, 2016
Amended by Act No. 16859, Dec. 31, 2019
Act No. 17279, May 19, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to sustainable development of the national economy by establishing the foundation for developing carbon materials convergence technology so as to systematically foster and develop such technology.
The terms used in this Act are defined as follows:
| 1. | The term "carbon materials" means carbon fiber, artificial graphite, activated carbon, carbon black, etc. manufactured by using carbon raw materials (crude oil, gas or coal); |
| 2. | The term "carbon materials convergence technology" means technology that improves the physical, chemical or biological properties of a carbon material itself or of a material created through convergence of a carbon material with plastic, etc. |
| Article 3 (Formulation of Comprehensive Development Plan for Carbon Materials Convergence Technology) |
| (1) | In order to facilitate development of carbon materials convergence technology, the Minister of Trade, Industry and Energy shall formulate and promote a comprehensive development plan for carbon materials convergence technology (hereinafter referred to as "comprehensive development plan") after consultation with the heads of relevant central administrative agencies. |
| (2) | A comprehensive development plan shall include the following matters: |
| 1. | Development objectives for carbon materials convergence technology, and basic direction-setting for polices on such technology; |
| 2. | Plans to facilitate the development, dissemination and proliferation of carbon materials convergence technology and to make investments therein; |
| 3. | Facilitation of international cooperation on carbon materials convergence technology; |
| 4. | Training of professional manpower related to carbon materials convergence technology; |
| 5. | Any other important matters prescribed by Presidential Decree to foster and develop carbon materials convergence technology. |
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR PROMOTING CARBON MATERIALS CONVERGENCE TECHNOLOGY
| Article 4 (Support for Carbon Materials Convergence Technology Development) |
| (1) | The Government shall establish supporting measures to facilitate carbon materials convergence technology development by the private sector and to encourage the private sector to increase its investment in research and development of such technology, and may subsidize necessary expenses incurred in relevant activities. |
| (2) | To efficiently promote the supporting measures referred to in paragraph (1), the Government shall take into consideration, in its policies relating to carbon materials convergence technology development, the results of surveys and analysis of carbon materials convergence technology development activities of the private sector referred to in Article 5. |
| Article 5 (Surveys on Carbon Materials Convergence Technology Development Activities) |
| (1) | In order to efficiently execute the supporting measures referred to in Article 4 (1), the Minister of Trade, Industry and Energy may survey and analyze carbon materials convergence technology development activities of the private sector, as prescribed by Presidential Decree. |
| (2) | If necessary to conduct surveys and analysis under paragraph (1), the Minister of Trade, Industry and Energy may request an enterprise, corporation or organization participating in national research and development projects to submit data. In such cases, the enterprise, corporation or organization so requested shall cooperate with such request, except in extenuating circumstances. |
| Article 6 (Establishment of Carbon Materials Convergence Technology Information System) |
| (1) | The Minister of Trade, Industry and Energy shall promote the following projects to efficiently support the development of carbon materials convergence technology and to facilitate the production, distribution, management and utilization of information on carbon materials convergence technology: |
| 1. | Collecting, analyzing and processing information on carbon materials convergence technology, and building a database thereof; |
| 2. | Establishing and operating networks for carbon materials convergence technology information; |
| 3. | Any other matters prescribed by Presidential Decree, which relate to the information on carbon materials convergence technology. |
| Article 7 (Specialized Institutions for Carbon Materials Convergence Technology Information Management) |
| (1) | If necessary to seamlessly promote the projects specified in Article 6, the Minister of Trade, Industry and Energy may designate an institution with necessary professional manpower, such as national or public research institutes, universities, industrial universities and junior colleges, as a specialized institution for carbon materials convergence technology information management. |
| (2) | The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred in operating a specialized institution for carbon materials convergence technology information management designated pursuant to paragraph (1). |
| (3) | Where a specialized institution for carbon materials convergence technology information management designated pursuant to paragraph (1) falls under any of the following cases, the Minister of Trade, Industry and Energy may revoke its designation: Provided, That if the relevant institution falls under subparagraph 1, the Minister of Trade, Industry and Energy shall revoke its designation: |
| 1. | Where the support center has obtained designation by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation. |
| 3. | Where it becomes impossible to accomplish the project’s purposes; |
| 4. | Where it fails to commence a project sought without any justifiable ground within six months from the date it was designated as such. |
| (4) | Where the Minister of Trade, Industry and Energy revokes designation pursuant to paragraph (3), he or she shall hold a hearing. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation, operation, revocation of designation, etc. of a specialized institution for carbon materials convergence technology information management shall be prescribed by Presidential Decree. |
| Article 8 (Research Council on Carbon Materials Convergence Technology) |
| (1) | In order to facilitate information exchanges, cooperative research, etc. among industry, academia and research institutes, the Minister of Trade, Industry and Energy may require the organization and operation of a research council on carbon materials convergence technology, as prescribed by Presidential Decree. |
| (2) | The State or local governments may fully or partially subsidize expenses incurred in relation to activities of the research council on carbon materials convergence technology referred to in paragraph (1). |
| Article 9 (Research Institute Specializing in Carbon Materials Convergence Technology) |
| (1) | If necessary to maintain and develop a system of close cooperation among industry, academia and research institutes, the Minister of Trade, Industry and Energy may permit the establishment of a research institute specializing in carbon materials convergence technology, which will perform functions as a hub for the development of carbon materials convergence technology, or designate such research institute pursuant to Article 42 of the Industrial Technology Innovation Promotion Act. |
| (2) | The State or local governments may fully or partially subsidize expenses incurred in operating a research institute specializing in carbon materials convergence technology established or designated pursuant to paragraph (1). |
| Article 9-2 (Korea Carbon Industry Promotion Agency) |
| (1) | In order to efficiently support the fostering and development of carbon materials convergence technology, the Korea Carbon Industry Promotion Agency (hereinafter referred to as the "Kcarbon") shall be established. |
| (2) | The Minister of Trade, Industry and Energy may designate and operate one of the institutions performing existing affairs related to carbon materials asKcarbon. |
| (3) | The Kcarbon shall be a corporation. |
| (4) | The Kcarbon shall have executive officers and necessary employees, as prescribed by the articles of incorporation. |
| (5) | The Kcarbon shall perform each of the following projects: |
| 1. | Research, surveys and planning of policies and systems related to carbon materials convergence technology; |
| 2. | A fact-finding survey or compiling statistics of carbon materials convergence technology; |
| 3. | Implementation of pilot projects, etc. to create and expand markets for carbon materials convergence technology; |
| 4. | Support for international cooperation and expansion into overseas markets for carbon materials convergence technology; |
| 5. | Activities for developing and disseminating product standards related to carbon materials convergence technology and international standardization thereof; |
| 6. | Laying the groundwork for carbon materials convergence technology, such as establishment of support facilities; |
| 7. | Supporting business start-ups, research and development, etc. of enterprises related to carbon materials convergence technology; |
| 8. | Training of professional manpower related to carbon materials convergence technology; |
| 9. | Other projects necessary to achieve the objectives of establishment of the Kcarbon. |
| (6) | The Government may contribute or subsidize all or part of expenses incurred in operating the Kcarbon within budgetary limits. |
| (7) | The Kcarbon may conduct profit-making projects to raise money necessary to achieve its objectives under paragraph (1), as prescribed by Presidential Decree. |
| (8) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to theKcarbon. |
[This Article Newly Inserted on May 19, 2020]
| Article 10 (Training of Professional Manpower for Carbon Materials Convergence Technology) |
| (1) | To nurture professional manpower necessary to foster and develop carbon materials convergence technology, the Minister of Trade, Industry and Energy may designate and manage an institution or organization equipped with adequate human resources and facilities, such as universities and research institutes, as a training institution for professional manpower for carbon materials convergence technology. |
| (2) | The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred in nurturing professional manpower for a training institution for professional manpower for carbon materials convergence technology designated pursuant to paragraph (1). |
| (3) | Where a training institution for professional manpower for carbon materials convergence technology designated pursuant to paragraph (1) falls under any of the following cases, the Minister of Trade, Industry and Energy may revoke its designation: Provided, That if the relevant institution falls under subparagraph 1, the Minister of Trade, Industry and Energy shall revoke its designation: |
| 1. | Where the support center has obtained designation by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation. |
| (4) | Where the Minister of Trade, Industry and Energy revokes designation pursuant to paragraph (3), he or she shall hold a hearing. |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the designation, revocation of designation, etc. of a training institution for professional manpower for carbon materials convergence technology shall be prescribed by Presidential Decree. |
| Article 11 (Promotion of International Cooperation) |
| (1) | The Minister of Trade, Industry and Energy shall identify international trends for carbon materials convergence technology and promote international cooperation thereon. |
| (2) | To facilitate international cooperation on carbon materials convergence technology, the Minister of Trade, Industry and Energy may execute projects, such as international exchanges of relevant technology and human resources and joint international research and development. |
| Article 12 Deleted. <May 19, 2020> |
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 13 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Trade, Industry and Energy may delegate part of his or her authority bestowed by this Act to the head of an agency under his or her jurisdiction, or entrust it to the head of any other central administrative agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Trade, Industry and Energy may entrust some of his or her duties prescribed in this Act to a specialized institution, corporation or organization related to carbon materials convergence technology, as prescribed by Presidential Decree. |
| Article 14 (Confidentiality) |
No person currently or formerly entrusted to perform duties under this Act shall divulge or steal any confidential information learned in the course of performing his or her duties.
| Article 15 (Legal Fiction as Public Officials for Purposes of Application of Penal Provisions) |
An executive officer or employee of an institution, corporation or organization who performs the duties entrusted by the Minister of Trade, Industry and Energy pursuant to Article 13 (2) shall be deemed a public official for the purposes of applying penal provisions under Articles 129 through 132 of the Criminal Act.
ADDENDUM <Act No. 14213, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16859, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 17279, May 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 2 of Addenda shall enter into force on the date of its promulgation. Article 2 (Preparation for Operation of Kcarbon)
| (1) | The Minister of Trade, Industry and Energy shall constitute the Preparatory Steering Committee of the Korea Carbon Industry Promotion Agency Operation (hereinafter referred to as the “Preparatory Steering Committee”) within one month from the date of promulgation of this Act to handle the affairs related to the operation the Kcarbon such as designation thereof. |
| (2) | The Preparatory Steering Committee shall consist of up to 10 members appointed or commissioned by the Minister of Trade, Industry and Energy, and shall be chaired by the Vice Minister of Trade, Industry and Energy. |
| (3) | The Preparatory Steering Committee shall prepare the articles of incorporation of th Kcarbon and obtain authorization thereof from the Minister of Trade, Industry and Energy. |
| (4) | Where the Preparatory Steering Committee obtains authorization under paragraph (3), it shall transfer duties to the president of the Kcarbon after incorporation registration or registration for modification. |
| (5) | The first executive officers of the Kcarbon shall be appointed by the Minister of Trade, Industry and Energy, from among several persons recommended by the Preparatory Steering Committee. |
| (6) | The Preparatory Steering Committee and its members shall be deemed dissolved or dismissed when transfer of duties is completed under paragraph (4). |
[Enforcement Date: May 19, 2020] Article 2