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ENFORCEMENT DECREE OF THE CARBON MATERIALS CONVERGENCE TECHNOLOGY DEVELOPMENT AND PROMOTION SUPPORT ACT

Presidential Decree No. 27631, Nov. 29, 2016

Amended by Presidential Decree No. 31546, Mar. 23, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Carbon Materials Convergence Technology Development and Promotion Support Act and matters necessary for enforcing said Act.
CHAPTER II ESTABLISHMENT OF FOUNDATION FOR PROMOTING CARBON MATERIALS CONVERGENCE TECHNOLOGY
 Article 2 (Comprehensive Development Plan for Carbon Materials Convergence Technology)
(1) “Important matters prescribed by Presidential Decree to foster and develop carbon materials convergence technology" in Article 3 (2) 5 of the Carbon Materials Convergence Technology Development and Promotion Support Act (hereinafter referred to as the "Act") means matters concerning establishment of the foundation for development of carbon materials convergence technology and enhancement of reliability of such technology.
(2) The Minister of Trade, Industry and Energy shall publicly announce a comprehensive development plan for carbon materials convergence technology determined pursuant to Article 3 (3) of the Act in the official gazette and on its website.
 Article 3 (Surveys on Carbon Materials Convergence Technology Development Activities)
The Minister of Trade, Industry and Energy may conduct a survey or analysis of any of the following matters pursuant to Article 5 (1) of the Act:
1. Strategies to foster and develop carbon materials convergence technology;
2. The status of research and development of carbon materials convergence technology in progress;
3. The degree of utilizing results of research on carbon materials convergence technology;
4. Investment direction-setting for developing and utilizing carbon materials convergence technology.
 Article 4 (Specialized Institutions for Carbon Materials Convergence Technology Information Management)
(1) An institution intending to be designated as a specialized institution for carbon materials convergence technology information management provided for in Article 7 (1) of the Act (hereinafter referred to as "specialized institution for information management") shall submit an application prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Minister of Trade, Industry and Energy, including the following documents:
1. The status of its information management facilities and equipment owned;
2. The status of its personnel related to information management retained;
3. An operational plan for information management;
4. A plan to fund operating expenses.
(2) An institution intending to be designated as a specialized institution for information management shall have at least five full-time specialists as follows:
1. A person who holds a doctorate degree in the field of carbon materials convergence technology;
2. A person who obtained a master's degree in the field of carbon materials convergence technology, and thereafter has engaged in such field for at least three years;
3. A person who obtained a bachelor's degree in the field of carbon materials convergence technology, and thereafter has engaged in such field for at least five years.
(3) Upon designating a specialized institution for information management pursuant to Article 7 (1) of the Act, the Minister of Trade, Industry and Energy shall issue the relevant applicant a certificate of designation prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and shall publicly announce the following matters in the official gazette and on its website:
1. The number and date of designation;
2. The name of the specialized institution for information management;
3. The location of the specialized institution for information management;
4. The name of the representative of the specialized institution for information management;
5. The field of information management.
(4) A specialized institution for information management shall prepare and submit a report on the results of business for the relevant year as well as a business plan for the following year to the Minister of Trade, Industry and Energy by December 31 each year.
(5) Upon revoking the designation of a specialized institution for information management pursuant to Article 7 (3) of the Act, the Minister of Trade, Industry and Energy shall notify the relevant institution of such fact without delay; and shall publicly announce it in the official gazette and on its website.
 Article 5 (Composition of Research Council on Carbon Materials Convergence Technology)
(1) The research council on carbon materials convergence technology provided for in Article 8 (1) of the Act (hereinafter referred to as the "Council") shall be comprised of not more than 20 members, including one chairperson.
(2) The Chairperson of the Council shall be appointed by the Minister of Trade, Industry and Energy from among members in general service of the Senior Executive Service belonging to the Ministry of Trade, Industry and Energy.
(3) Private members of the Council shall be commissioned by the Minister of Trade, Industry and Energy from among the following persons; and in such cases, the number of such members shall not exceed seven from the industry, six from the academia, and six from research institutes:
1. Industry: A person who has at least ten years’ work experience in an enterprise related to carbon materials convergence technology;
2. Academia: A person who currently holds or previously held an assistant professorship or a higher position in the field of carbon materials convergence technology at any school defined in subparagraphs 1 through 6 of Article 2 of the Higher Education Act for at least five years;
3. Research institutes: A person who has obtained a doctorate degree in the field of carbon materials convergence technology, and thereafter has been holding or has held a position equivalent to an assistant professorship or a higher position at an authorized research institute for at least five years.
(4) The term of office of each Council member provided for in paragraph (3) shall be two years.
(5) To efficiently operate and support the Council, the Council shall have one secretary to be appointed by the Minister of Trade, Industry and Energy from among public officials of Grade IV belonging to the Ministry of Trade, Industry and Energy.
(6) The Minister of Trade, Industry and Energy may dismiss a member of the Council if:
1. The member becomes unable to perform his or her duties due to any mental or physical disorder;
2. Where he or she has breached any of his or her duties;
3. The member is deemed unfit as a member due to neglect of his or her duties, loss of dignity, or other reasons;
4. The member voluntarily manifests his or her unfitness to perform the duties of his or her office.
 Article 6 (Operation of Council)
(1) The Chairperson of the Council may convene meetings of the Council if he or she deems them necessary or if requested by at least 1/3 of all incumbent members; and shall preside over the meetings.
(2) Where the Chairperson of the Council intends to convene a meeting, he or she shall notify each member of the time and place of the meeting, and agenda items to be presented seven days before the meeting is held: Provided, That this shall not apply where urgent circumstances or other extenuating circumstances exist.
(3) A majority of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(4) Sub-councils by item of carbon materials may be established in the Council to promote efficient cooperation and proceedings of its meetings.
(5) The Council shall prepare and manage minutes of its meetings as well as its management register, as prescribed by the Minister of Trade, Industry and Energy.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for operating the Council and sub-councils shall be determined by the Chairperson by a resolution of the Council.
 Article 6-2 (Profit-Making Business of Korea Carbon Industry Promotion Agency)
(1) Where the Korea Carbon Industry Promotion Agency established under Article 9-2 (1) of the Act (hereafter referred to as the "Promotion Agency" in this Article) intends to engage in profit-making business activities pursuant to paragraph (7) of that Article, it shall report the details of such business to the Minister of Trade, Industry and Energy in advance. The foregoing shall also apply where it intends to change the details of such business.
(2) Where the Agency conduct a profit-making business, it shall submit a performance report and settlement of accounts of the profit-making business for the relevant business year to the Minister of Trade, Industry and Energy within three months after the end of the business year.
[This Article Newly Inserted on Mar. 23, 2021]
 Article 7 (Training Institutions for Professional Manpower for Carbon Materials Convergence Technology)
(1) A university, research institute, etc. intending to be designated as a training institution for professional manpower for carbon materials convergence technology (hereinafter referred to as "training institution for professional manpower") pursuant to Article 10 (1) of the Act shall submit an application prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Minister of Trade, Industry and Energy, including the following documents:
1. The status of educational facilities and equipment owned;
2. The status of faculty members secured;
3. An operational plan including curricula and training details;
4. A plan to fund operating expenses;
5. Results of research related to carbon materials convergence technology.
(2) A university, research institute, etc. intending to be designated as a training institution for professional manpower shall satisfy each of the following requirements:
1. The university, research institute, etc. must have at least one faculty member exclusively in charge of education on carbon materials convergence technology, who has obtained a master's degree in the field of carbon materials convergence technology, and thereafter worked for a relevant enterprise or a university, research institute, etc. for at least three years;
2. The university, research institute, etc. must have a lecture room and laboratory, the floor area of which exceeds 50 square meters, respectively.
(3) Upon designating a training institution for professional manpower pursuant to Article 10 (1) of the Act, the Minister of Trade, Industry and Energy shall issue to the relevant applicant a certificate of designation prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and publicly announce the following matters in the official gazette and on its website:
1. The number and date of designation;
2. The name of the training institution for professional manpower;
3. The location of the training institution for professional manpower;
4. The name of the representative of the training institution for professional manpower;
5. The field of training of professional manpower.
(4) Upon revoking the designation of a training institution for professional manpower pursuant to Article 10 (3) of the Act, the Minister of Trade, Industry and Energy shall notify the relevant institution of such fact without delay; and publicly announce it in the official gazette and on its website.
 Article 8 Deleted. <Mar. 23, 2021>
CHAPTER III SUPPLEMENTARY PROVISIONS
 Article 9 (Entrustment of Duties)
(1) The Minister of Trade, Industry and Energy may entrust his or her duties of identifying international trends for carbon materials convergence technology and promoting international cooperation thereon provided for in Article 11 of the Act to a specialized institution for information management pursuant to Article 13 (2) of the Act.
(2) Upon entrusting his or her duties pursuant to paragraph (1), the Minister of Trade, Industry and Energy shall publicly notify the name, representative, and location of an institution entrusted with the duties, details of the duties entrusted, etc. in the official gazette.
ADDENDUM <Presidential Decree No. 27631, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDUM <Presidential Decree No. 31546, Mar. 23, 2021>
This Decree shall enter into force on the date of its promulgation.