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NATIONAL RESEARCH FOUNDATION OF KOREA ACT

Act No. 9518, Mar. 25, 2009

Amended by Act No. 10445, Mar. 9, 2011

Act No. 11686, Mar. 23, 2013

Act No. 12765, Oct. 15, 2014

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

Act No. 17360, jun. 9, 2020

 Article 1 (Purpose)
The purpose of this Act is to support the academic and research and development activities, and development and utilization of related human resources, etc. more efficiently and fairly by establishing the National Research Foundation of Korea.
 Article 2 (Juristic Person)
(1) The National Research Foundation of Korea (hereinafter referred to as the "Foundation") shall be a juristic person.
(2) The Foundation shall be guaranteed independence and autonomy in its activities and operation.
 Article 3 (Establishment)
(1) The Foundation shall be established at the time when it registers such establishment at the location of its main office.
(2) Matters necessary for the registration of establishment referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 3-2 (Auxiliary Organs)
The Foundation may have auxiliary organs, as prescribed by the articles of association.
[This Article Newly Inserted on Jun. 9, 2020]
 Article 4 (Articles of Association)
(1) The articles of association of the Foundation shall include the following matters: <Amended on Jun. 9, 2020>
1. Objectives;
2. Name;
3. Location of main office;
3-2. Matters regarding auxiliary organs;
4. Matters regarding programs;
5. Matters regarding the board of directors;
6. Matters regarding executive officers and employees;
7. Matters regarding property and accounting;
8. Matters regarding funds;
9. Matters regarding public notice;
10. Matters regarding revisions to the articles of association;
11. Matters regarding dissolution.
(2) When the Foundation intends to amend its articles of association, it shall obtain authorization from the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) When the Minister of Science and ICT intends to authorize the amendment to the articles of association pursuant to paragraph (2), he/she shall consult in advance with the Minister of Education thereon. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017>
 Article 5 (Programs)
(1) The Foundation shall conduct the following programs:
1. Support for academic and research and development activities;
2. Support for training and utilization of academic and research and development human resources;
3. Support for promoting international cooperation in academic and research and development activities;
4. Investigation, collection, analysis, assessment, management, and utilization of data and information required for conducting programs prescribed in subparagraphs 1 through 3, and support for policy development;
5. Support for research and operation conducted by academic and research and development institutions and organizations;
6. Support for exchange and cooperation among academic, and research and development institutions and organizations in and outside the Republic of Korea;
7. Other matters necessary for academic and research and development activities.
(2) The Foundation may conduct profit-making programs required for accomplishing the purpose prescribed in Article 1, after obtaining approval from the Minister of Education and the Minister of Science and ICT, in addition to the programs listed in paragraph (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 6 (Executive Officers, etc.)
(1) The Foundation shall have not more than 15 directors including a president, and an auditor, as its executive officers.
(2) Executive officers shall be appointed or dismissed in accordance with the Act on the Management of Public Institutions and the articles of association.
(3) At least two thirds of the registered directors shall be appointed from among the candidates recommended by academic, and research and development institutions and organizations, such as the National Academy of Sciences of the Republic of Korea Act and the Korean Academy of Science and Technology under Article 9 of the Basic Research Promotion and Technology Development Support Act. <Amended on Mar. 9, 2011>
(4) The president shall hold office for a term of three years, and the directors and auditor shall hold office for a term of two years, and each of them may be appointed consecutively on a yearly basis.
(5) The executive officers other than the president and auditor shall be non-standing.
(6) Necessary matters concerning the selection of academic, and research and development institutions and organizations referred to in paragraph (3) and the procedures therefor shall be prescribed by Presidential Decree.
 Article 7 (Grounds for Disqualification of Executive Officers)
(1) No person with a ground for disqualification falling under any subparagraph of Article 33 of the State Public Officials Act shall become an executive officer of the Foundation.
(2) An executive officer who falls under any ground for disqualification provided for in the subparagraphs of Article 33 of the State Public Officials Act shall be subject to natural resignation.
 Article 8 (Duties of Executive Officers)
(1) The president shall represent the Foundation, exercise overall control of its affairs, and lead and supervise the employees of the Foundation.
(2) The auditor shall inspect the property, accounts and state of business operation of the Foundation, and shall report the findings of such inspection to the Minister of Education, the Minister of Science and ICT, and the board of directors. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 9 (Board of Directors)
(1) The Foundation shall have a board of directors to deliberate on and resolve important matters of the Foundation.
(2) The board of directors shall consist of directors, including the president.
(3) The president shall convoke meetings of the board of directors and chair them, and if the president is unable to perform his/her duties due to extenuating circumstances, another director shall act on behalf of him/her, as prescribed by the articles of association.
(4) A meeting of the board of directors shall convoke when the president deems necessary or at least one third of its registered directors request to convoke it.
(5) A majority of members of the board of directors shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(6) The auditor may attend a meeting of the board of directors and state his/her opinion.
 Article 10 (Appointment of Employees)
The employees of the Foundation shall be appointed by the president, as prescribed by the articles of association.
 Article 11 (Contributions)
(1) The Government may provide the Foundation with contributions to meet expenses incurred in the establishment, facilities, operation and business of the Foundation, within budgetary limits.
(2) Contributions under paragraph (1) may be made as well with the Science and Technology Promotion Fund under Article 22 of the Framework Act on Science and Technology.
(3) Matters necessary for the payment, use and management of contributions referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 12 (Free Loan, etc. of State and Public Property)
(1) The State and local governments may loan State property and public property to the Foundation without compensation, or allow the Foundation to use them and make profits therefrom free of charge, when deemed necessary for the establishment, management and operation of the Foundation, notwithstanding the State Property Act or the Public Property and Commodity Management Act.
(2) Necessary matters concerning the details, conditions, and procedure of loan, use and profit-making referred to in paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Business Year)
The business year of the Foundation shall coincide with the fiscal year of the Government.
 Article 14 (Submittal of Business Plans, etc.)
The Foundation shall prepare a business plan and a budget bill for each business year as prescribed by Presidential Decree, and submit them to the Minister of Education and the Minister of Science and ICT. The same shall also apply when the Foundation has altered them. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 15 (Management of Research Programs by Experts in Each Field)
(1) In order to effectively manage support programs for academic and research and development activities and to maintain expertise and fairness in managing the programs, the Foundation shall operate a management system for research programs (hereinafter referred to as "research program management system") to be run by experts specialized in each of the academic and research and development fields (hereinafter referred to as "research program management specialist").
(2) To operate the research program management system, the Foundation shall establish and apply the operational rules of the research program management system including the following matters through deliberation by the board of directors, and implement them. The same shall also apply when it intends to alter them: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Duties, authority, and responsibility of research program management specialists;
2. Qualifications and recruiting method of research program management specialists;
3. Term of office, service and treatment of research program management specialists;
4. Guarantee of autonomy, independence and neutrality of research program management specialists in performing tasks;
5. Evaluation of research program management specialists;
6. Other matters deemed necessary by the Minister of Education, the Minister of Science and ICT, or the president.
(3) For the fair evaluation of performance of research program management specialists, an external evaluation committee responsible for the review of selection process of evaluators, evaluation process, efficiency of research programs, etc. shall be formed.
(4) Members of the external evaluation committee shall be appointed or dismissed by the Minister of Education or the Minister of Science and ICT, as prescribed by Presidential Decree, and the details concerning the operation of the external evaluation committee shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 16 (Submittal of Written Settlement of Accounts)
(1) The Foundation shall prepare a written settlement of accounts on revenues and expenditures for each business year, have it audited by a certified public accountant or an accounting firm, submit it to the Minister of Science and ICT by the end of February of the following year, and complete the settlement of accounts by obtaining approval thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) When the Minister of Science and ICT intends to approve a written settlement of accounts under paragraph (1), he/she shall consult in advance with the Minister of Education thereon. <Newly Inserted on Mar. 23, 2013; Jul. 26, 2017>
 Article 17 (Inspection, etc.)
(1) The Minister of Education and the Minister of Science and ICT may require respective subordinate public officials to inspect the status of affairs, accounts and assets of the Foundation or to order the Foundation to submit necessary data. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) When any illegal or improper matter has been found as a result of the inspection under paragraph (1), the Minister of Education and the Minister of Science and ICT may order the Foundation to rectify it or take other necessary measures. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 18 (Duty of Confidentiality)
No current or former executive officers or employees of the Foundation shall divulge any confidential information which he/she has learned in the course of performing his/her duties or use it by stealth.
 Article 19 (Application Mutatis Mutandis of the Civil Act)
Unless otherwise prescribed by this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis in regard to the Foundation.
 Article 20 (Prohibition of Using Same Name)
No person other than the Foundation under this Act shall use the name of National Research Foundation of Korea.
 Article 21 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers and employees of the Foundation shall be deemed public officials in application of penalty provisions under Articles 129 through 132 of the Criminal Act.
 Article 22 (Penalty Provisions)
Any person who divulges confidential information or uses it by stealth in violation of Article 18 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Oct. 15, 2014>
 Article 23 (Administrative Fines)
(1) Any person who uses the name of National Research Foundation of Korea in violation of Article 20 shall be punished by an administrative fine not exceeding five million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Science and ICT, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 26, 2017>
ADDENDA <Presidential Decree No. 9518, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Preparation for Establishment)
(1) The Minister of Education, Science and Technology shall organize an incorporation committee by commissioning or appointing not more than 15 promoters within 30 days from the promulgation date of this Act, and have them execute the affairs related to the establishment of the Foundation.
(2) In organizing the incorporation committee, the Minister of Education, Science and Technology shall appoint at least two thirds of the incorporation members, from among the candidates recommended by the National Academy of Sciences under the National Academy of Sciences Act, the Korean Academy of Science and Technology under Article 11 of the Basic Science Research Promotion Act, the National Research Council for Economics, Humanities and Social Sciences under Article 4 of the Act on the Establishment, Operation and Support of Government-Funded Research Institutions, the Korea Research Council of Fundamental Science and Technology under Article 18 of the Act on the Establishment, Operation and Support of Government-Funded Science and Technology Research Institutes, the Academy of Korean Studies under the Act on the Support of the Academy of Korean Studies, and other institutions and organizations deemed necessary by the Minister of Education, Science and Technology.
(3) The chairperson of the incorporation committee shall be elected by and from among the incorporation members.
(4) The incorporation committee shall prepare the articles of association of the Foundation and obtain authorization therefor from the Minister of Education, Science and Technology.
(5) The candidates for executive officers of the Foundation to be initially appointed after this Act enters into force shall be recommended by the incorporation committee, notwithstanding Article 6 hereof and Article 26 of the Act on the Management of Public Institutions.
(6) As soon as the executive officers are appointed, the incorporation committee shall complete the registration of the establishment of the Foundation without delay.
(7) As soon as the registration of establishment under paragraph (6) is completed, the incorporation committee shall hand over its affairs without delay to the president of the Foundation, and thereafter, the incorporation members shall be deemed to have been released from commission or dismissed from the post.
(8) Expenses incurred by the incorporation committee for preparing the establishment of the Foundation may be subsidized within budgetary limits of the former Korea Science and Engineering Foundation, Korea Research Foundation, and Korea Foundation for International Cooperation of Science and Technology.
Article 4 (Transitional Measures concerning Designation of Public Institutions)
The Korea Science and Engineering Foundation under the Korea Science and Engineering Foundation Act, the Korea Research Foundation under the Sciences Promotion and Credit Guarantee, etc. for Students Loans Act, and the Korea Foundation for International Cooperation of Science and Technology established under the Civil Act designated as public institutions by the Minister of Strategy and Finance under the Act on the Management of Public Institutions as at the time this Act enters into force, shall be deemed designated in regard to the Foundation under this Act.
Article 5 (Succession, etc. of Property, Rights and Obligations)
(1) All the property, rights and obligations belonging to the Korea Science and Engineering Foundation under the former Korea Science and Engineering Foundation Act, Korea Research Foundation under the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act, and the Korea Foundation for International Cooperation of Science and Technology established under the Civil Act, as at the time this Act enters into force, shall be succeeded to the Foundation by a universal title simultaneously with the establishment of the Foundation: Provided, That the rights and obligations succeeded by the Korea Student Aid Foundation in relation to scholarships and student loan program under the Addenda of the Act on the Establishment, etc. of Korea Student Aid Foundation (Act No. 9415) shall be excluded therefrom.
(2) The names of the Korea Science and Engineering Foundation under the Korea Science and Engineering Foundation Act, the Korea Research Foundation under the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act, and the Korea Foundation for International Cooperation of Science and Technology established under the Civil Act, which were entered in the register or other official documents or books concerning the property, rights and obligations succeeded by a universal title under paragraph (1), shall be deemed the name of the Foundation simultaneously with the establishment of the Foundation.
(3) All the acts by or in relation to the former Korea Science and Engineering Foundation under the Korea Science and Engineering Foundation Act, the Korea Research Foundation under the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act, and the Korea Foundation for International Cooperation of Science and Technology established under the Civil Act which have been conducted as at the time this Act enters into force shall be deemed as the acts by or in relation to the Foundation: Provided, That the acts concerning the rights and obligations succeeded by the Korea Student Aid Foundation in relation to scholarships and student aid business under the Addenda to the Act on the Establishment, etc. of Korea Student Aid Foundation (Act No. 9415) shall be excluded therefrom.
Article 6 (Transitional Measures concerning Employees Following Integration of Organization and Transfer of Functions)
Employees of the former Korea Science and Engineering Foundation, Korea Research Foundation, and the Korea Foundation for International Cooperation of Science and Technology as at the time this Act enters into force shall be deemed the employees of the Foundation: Provided, That employees succeeded by the Korea Student Aid Foundation in relation to scholarships and student loan program, among the employees of the former Korea Science and Engineering Foundation and Korea Research Foundation shall be excluded therefrom.
Article 7 Omitted.
Article 8 (Relationship with other Statutes)
Where any other statutes cite the former Korea Science and Engineering Foundation Act and the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act or any provisions thereof as at the time this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of this Act in lieu of the former provisions, if any provisions corresponding thereto exist in this Act.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11686, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12765, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 6 of the Addenda, the amended part of any Act, which was promulgated before this Act enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended under Article 5 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but the date on which it enters into force has yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 17360, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Auxiliary Organs of The National Research Foundation of Korea)
The auxiliary organs established under the previous provisions as at the time this Act enters into force shall be deemed established under the amended provisions of Article 3-2.