Presidential Decree No. 31557, Mar. 30, 2021
| Article 1 (Purpose) |
| Article 2 (Establishment of Master Plans for Defense Science and Technology Innovation) |
| (1) | The Minister of National Defense may request the Defense Acquisition Program Administration, the Joint Chiefs of Staff, each armed force, the Defense Agency for Technology and Quality under Article 32 of the Defense Acquisition Program Act (hereinafter referred to as the "Defense Agency for Technology and Quality"), or the Agency for Defense Development under the Act on the Agency for Defense Development (hereinafter referred to as the "Agency for Defense Development"), and others to submit necessary materials to formulate a master plan for defense science and technology innovation (hereinafter referred to as "master plan") under Article 6 (1) of the Defense Science and Technology Innovation Promotion Act (hereinafter referred to as the "Act"). |
| (2) | “Matters prescribed by Presidential Decree” in Article 6 (2) 4 of the Act means the following: |
| 1. | Matters regarding the field of strategic research and development for defense science and technology innovation; |
| 2. | Matters regarding mutually systematic complementation and development of national science and technology and defense science and technology; |
| 3. | Matters regarding expanding the foundation for defense science and technology, such as the facilities and equipment for the development of defense science and technology; |
| 4. | Matters regarding the training and improved treatment of human resources in defense science and technology; |
| 5. | Other matters deemed necessary by the Minister of National Defense for defense science and technology innovation. |
| (3) | The implementation plan for defense science and technology innovation under Article 6 (3) of the Act shall include an annual plan for implementing the master plan. |
| (4) | Where the Minister of the Defense Acquisition Program Administration formulates an implementation plan pursuant to paragraph (3), he or she shall refer it to the defense acquisition program planning and management subcommittee under Article 15 (1) 2 of the Enforcement Decree of the Defense Acquisition Program Act for deliberation. |
| Article 3 (Procedures for Implementing Defense Research and Development Projects) |
| (1) | Pursuant to Article 8 (1) of the Act, the procedures to be followed by a company, a university, a research institute, and an institution, organization or similar entity related to defense science and technology (hereinafter referred to as “research institute or similar entity”) in implementing defense research and development projects for weapons systems under subparagraph 5 (a) of Article 2 of the Act shall be as follows: |
| 1. | Exploratory development phase: A phase in which a decision is made on whether to move on to the full-scale development phase through development of a core part of a weapon system (including manufacturing prototypes for verifying the technology) and verification of the degree of perfection and applicability of the technology; |
| 2. | Full-scale development phase: A phase in which a weapons system is designed, a prototype is produced, and a test and evaluation of the prototype is conducted in order to develop the Korean defense specification under Article 31 of the Enforcement Decree of the Defense Acquisition Program Act necessary for mass production; |
| 3. | Mass production phase: A phase in which weapon systems developed in the full-scale development phase are mass produced. |
| (2) | Notwithstanding paragraph (1), where the prototypes can be immediately deployed to the field due to the characteristics of weapons systems or cannot undergo the phases under the subparagraphs of paragraph (1), the research and development for weapons systems shall be performed in accordance with the procedures determined by the Minister of the Defense Acquisition Program Administration. |
| (3) | Where the Minister of the Defense Acquisition Program Administration requires research institutes or similar entities to implement research and development projects for weapons systems pursuant to Article 8 (1) of the Act, he or she shall consult with the Chairman of the Joint Chiefs of Staff on matters relating to jointness and interoperability among weapon systems. |
| (4) | Where the Minister of the Defense Acquisition Program Administration requires research institutes or similar entities to implement research and development projects for weapons systems pursuant to Article 8 (1) of the Act, he or she shall formulate and implement a plan for the localization of parts which includes the following matters, in consideration of, among other things, logistical support capabilities, the degree of improvement of defense science and technology, , and the ripple effects and economic feasibility of the localization of parts: |
| 1. | Items of parts subject to localization; |
| 2. | Annual implementation plans for the localization of parts; |
| 3. | Procedures for managing the development of domestic parts. |
| (5) | The Minister of the Defense Acquisition Program Administration shall confirm changes, etc. to the supporting elements of force integration (referring to the elements under the subparagraphs of Article 28 (1) of the Enforcement Decree of the Defense Acquisition Program Act) and configurations (referring to the physical or functional characteristics of munitions under Article 26 (3) of the same Act) before the Minister of National Defense analyzes and evaluates, among other things, force integration of weapons systems first ever produced through a research and development project for weapons systems pursuant to Article 23 (3) of the Defense Acquisition Program Act. |
| (6) | Matters necessary for procedures, etc. for implementing defense research and development projects, except as provided in paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 4 (Conclusion of Agreements on Defense Research and Development Projects) |
| (1) | The research and development projects for weapons systems on which an agreement can be concluded under the latter part, with the exception of the subparagraphs, of Article 8 (1) of the Act shall be as follows: |
| 1. | A project in the exploratory development phase under Article 3 (1) 1; |
| 2. | Among projects in the full-scale development phase under Article 3 (1) 2, a project, the cost of which is borne in full or in part by the entities under the subparagraphs of Article 8 (1) of the Act (hereinafter referred to as "research and development institute") and for which research and development expense (referring to the sum of expenses incurred in the full-scale development) is less than the amount prescribed by Ordinance of the Ministry of National Defense; |
| 3. | Among projects implemented under Article 3 (2), a project the Defense Acquisition Program Promotion Committee has deliberated on to enter into an agreement thereon. |
| (2) | Where the Minister of the Defense Acquisition Program Administration enters into an agreement on a defense research and development project pursuant to the latter part, with the exception of the subparagraphs, of Article 8 (1) of the Act, he or she shall include the following in the agreement: |
| 1. | Tasks of defense research and development projects and the period of agreement; |
| 2. | Matters relating to a person in overall charge of defense research and development projects and to research and development institutes; |
| 3. | Matters relating to the allocation, payment, use, management, and settlement of expenses for defense research and development projects; |
| 4. | Matters relating to the management of research equipment and facilities; |
| 5. | Matters relating to, among other things, the evaluation of tasks of defense research and development projects, notification of the results of evaluation thereof, objection thereto; |
| 6. | Matters relating to modifications and rescission of the agreement; |
| 7. | Matters relating to royalties under Article 11 of the Act (hereinafter referred to as "royalties"); |
| 8. | Matters relating to the ownership, utilization, transfer, and follow-up management of development outcomes; |
| 9. | Matters relating to measures to be taken in the event of a violation of the agreement; |
| 10. | Matters relating to compliance with ethics in research and security management; |
| 11. | Other matters deemed necessary by the Minister of the Defense Acquisition Program Administration to implement defense research and development projects. |
| (3) | In any of the following cases, the Minister of the Defense Acquisition Program Administration has the right to modify the agreement under paragraph (2), as prescribed by the agreement: |
| 1. | Where it is necessary to modify the agreement in order to implement a defense research and development project more efficiently by, among other things, reducing the cost of the defense research and development project or shortening the period of the project; |
| 2. | Where it is necessary to modify the agreement due to an amendment to any relevant statute or regulation or a change in policy on the defense research and development project; |
| 3. | Where it is necessary to modify the agreement due to any constraint on the Government's budget for the tasks set forth in the agreement spanning at least two fiscal years or the results of evaluation or inspection of the tasks of the defense research and development project; |
| 4. | Where the head of an institute supervising research and development under Article 8 (1) 1 of the Act (hereinafter referred to as "institute supervising research and development") requests modification of the agreement due to any change in the project purposes, the project period, etc.; |
| 5. | Other cases where the Minister of the Defense Acquisition Program Administration deems it necessary to modify the terms of the agreement. |
| (4) | The Minister of the Defense Acquisition Program Administration may rescind an agreement concluded pursuant to the latter part, with the exception of the subparagraphs, of Article 8 (1) of the Act in any of the following cases: |
| 1. | Where the purposes of a defense research and development project have already been attained by another project, thus making it unnecessary to continue the project; |
| 2. | Where it is impracticable to continue a project due to a serious breach of the agreement by a research and development institute; |
| 3. | Where it is impracticable for a research and development institute to achieve the results initially expected due to its delay or suspension of the project or where the research and development institute is deemed incapable of completing the project; |
| 4. | Where a research and development institute abandons the project; |
| 5. | Where the Minister of the Defense Acquisition Program Administration takes measures to suspend projects according to the results of evaluation or inspection of a task set forth in an agreement spanning at least two fiscal years; |
| 6. | Where a research and development institute is unable to continue the project due to bankruptcy, court receivership, business closure, or any other similar cause or event; |
| 7. | Where a research and development institute forges, falsifies, or plagiarizes research and development data or commits any other fraud; |
| 8. | Where a research and development institute refuses to undergo evaluation of a task, without good cause; |
| 9. | Where other grounds determined by the Minister of the Defense Acquisition Program Administration occur, which are serious enough to discontinue the agreement. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for the conclusion, modification, rescission, etc. of the agreement shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
| Article 5 (Payment, Use, and Management of Contributions to Defense Research and Development Projects) |
| (1) | Where the Minister of the Defense Acquisition Program Administration contributes to project costs pursuant to Article 8 (2) of the Act, he or she shall, in principle, contribute in whole to the costs required for any of the following defense research and development projects: |
| 1. | A research and development project for weapons systems, for which the agreement has been concluded pursuant to Article 4 (1) 1; |
| 2. | A research and development project under subparagraph 5 (b) through (d) of Article 2 of the Act. |
| (2) | A research and development institute to which some of the costs of a defense research and development project are contributed pursuant to Article 8 (2) of the Act may bear some of the project costs in cash or in kind, as prescribed by Ordinance of the Ministry of National Defense. |
| (3) | Where the Minister of the Defense Acquisition Program Administration pays contributions pursuant to Article 8 (2) of the Act, he or she may make such payment in lump sum or in installments by any of the following methods, in consideration, among other things, of the progress of a defense research and development project: |
| 1. | Direct payment to research and development institutes; |
| 2. | Payment to research and development institutes through agencies supporting activities related to the planning, management, and evaluation of tasks of defense research and development projects (hereinafter referred to as "planning and related activities") pursuant to the former part of Article 8 (6) of the Act. |
| (4) | A research and development institute that has received contributions pursuant to paragraph (3) shall use the contributions to cover expenses classified as follows, as prescribed by Ordinance of the Ministry of National Defense: |
| 1. | Direct costs: Costs incurred by a research and development institute in performing research and development tasks, which can be directly calculated from individual research and development tasks; |
| 2. | Indirect costs: Common costs incurred by a research and development institute in performing research and development tasks, which cannot be directly calculated from individual research and development tasks. |
| (5) | Notwithstanding paragraph (4), where the contribution received pursuant to paragraph (3) is a contribution to a research and development project for weapons systems, said contribution shall be used, as prescribed by Ordinance of the Ministry of National Defense. |
| (6) | A research and development institute to whom contributions are paid under paragraph (3) shall manage the contributions in a separate account. |
| (7) | The Minister of the Defense Acquisition Program Administration shall determine and publicly notify matters necessary for the payment, use, and management of contributions, other than those provided in paragraphs (1) through (6). |
| Article 6 (Planning and Related Activities of Defense Research and Development Projects) |
| (1) | "Agency prescribed by Presidential Decree" in the former part of Article 8 (6) of the Act means the following institutions: |
| 1. | The Agency for Defense Development; |
| 2. | An agency determined and publicly notified by the Minister of the Defense Acquisition Program Administration with regard to research and development under subparagraph 5 (a) through (d) of Article 2 of the Act; |
| 3. | An agency determined and publicly notified by the Minister of National Defense with respect to research and development under subparagraph 5 (e) of Article 2 of the Act. |
| (2) | The scope of duties relating to the planning and related activities of a defense research and development project for which the Minister of the Defense Acquisition Program Administration may require the Defense Agency for Technology and Quality or the agencies under the subparagraphs of paragraph (1) to provide support pursuant to the former part of Article 8 (6) of the Act shall be as follows: |
| 1. | Preparation of a written request for a medium-term plan and a budget bill for defense force improvement projects under Article 13 (2) of the Defense Acquisition Program Act; |
| 2. | Planning of tasks of defense research and development projects; |
| 3. | Selection of research and development institutes (including the public announcement and evaluation of proposals); |
| 4. | Conclusion of contracts or agreements with research and development institutes; |
| 5. | Management of tasks of defense research and development projects; |
| 6. | Evaluation of tasks of defense research and development projects; |
| 7. | Matters relating to the payment, settlement, and recovery of project costs; |
| 8. | Other matters deemed necessary by the Minister of the Defense Acquisition Program Administration to implement defense research and development projects. |
| Article 7 (Methods of Implementing Research and Development Projects for Force Support Systems) |
| (1) | Where the Minister of National Defense implements a research and development project for the force support system under subparagraph 5 (e) of Article 2 of the Act pursuant to Article 8 (9) of the Act, he or she shall, in principle, conclude an agreement with a research and development institute, and may conclude a contract on matters determined by the Minister of National Defense. |
| (2) | Except as provided in this Decree, matters necessary for the implementation research and development projects for the force support systems shall be prescribed by Ordinance of the Ministry of National Defense. |
| Article 8 (Reasons for Restrictions on Participation in Defense Research and Development Projects) |
| (1) | "Cases prescribed by Presidential Decree" in Article 9 (1) 8 of the Act means any of the following cases where a person fails to comply with a request for rectification, without good cause, upon receipt of a request to perform his or her obligations under an agreement: |
| 1. | Where he or she fails to submit a project expenditure report or prepares a false report; |
| 2. | Where he or she uses any revenue earned from a project for any purpose other than the intended purpose; |
| 3. | Where he or she fails to pay settlement money; |
| 4. | Where he or she fails to pay his or her share in expenses in breach of the relevant agreement; |
| 5. | Where he or she fails to implement matters related to security management under the relevant agreement; |
| 6. | Where he or she disposes of research facilities and equipment utilized pursuant to Article 14 (2) of the Act at will. |
| Article 9 (Restrictions on Participation in Defense Research and Development Projects) |
| (1) | The standards in respect of the period of restriction on participation under the main clause, with the exception of the subparagraphs, of Article 9 (1) of the Act by reason for restriction on participation in defense research and development projects shall be as specified in attached Table 1. |
| (2) | The standards for recovering costs of the defense research and development projects under the main clause, with the exception of the subparagraphs, of Article 9 (1) of the Act shall be as specified in attached Table 2. |
| (3) | Where the Minister of the Defense Acquisition Program Administration intends to restrict participation in a defense research and development project or to recover the project cost pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (1) of the Act, he or she shall hold a hearing. |
| (4) | Upon receipt of notice to impose a restriction on participation or to recover project costs under Article 9 (3) of the Act, the head of an institute to which the relevant researcher-in-chief, researcher, executive officer or employee belongs, may raise an objection to the Minister of the Defense Acquisition Program Administration within 20 days from the date of receipt of such notice, as prescribed by Ordinance of the Ministry of National Defense. |
| (5) | Where the Minister of the Defense Acquisition Program Administration determines whether to recognize the fact that a person has conscientiously performed research and development pursuant to the proviso, with the exception of the subparagraphs, of Article 9 (1) of the Act, he or she shall consider the following. In such cases, if deemed necessary, the Minister of the Defense Acquisition Program Administration may request the President of the Defense Agency for Technology and Quality to submit his or her opinion: |
| 1. | Whether the goal of research and development was significantly higher than the technology level at the time the project commenced; |
| 2. | Whether the person has failed to attain the goal because of external factors, such as changes in environment; |
| 3. | Whether research methods and processes have been followed in a systematic and faithful manner. |
| Article 10 (Imposition of Additional Monetary Sanctions) |
| (1) | The criteria for imposition of an additional monetary sanction under Article 9 (4) of the Act shall be as specified in attached Table 3. |
| (2) | Where the Minister of the Defense Acquisition Program Administration intends to impose an additional monetary sanction pursuant to Article 9 (4) of the Act, he or she shall hold a hearing, and where necessary to determine, among other things, whether to impose an additional monetary sanction or the amount of such sanction to be imposed, he or she may request relevant public officials or experts, etc. to submit their opinions. |
| (3) | Where the Minister of the Defense Acquisition Program Administration imposes an additional monetary sanction pursuant to Article 9 (4) of the Act, he or she shall notify a relevant research institute or similar entity, researcher-in-chief, researcher, executive officer or employee of, among other things, the type of violations and the amount of an additional monetary sanction in writing. |
| Article 11 (Payment of Additional Monetary Sanctions) |
| (1) | Upon receipt of the notice to pay an additional monetary sanction under Article 10 (3), a person shall pay said amount to the receiving agency designated by the Minister of the Defense Acquisition Program Administration within 30 days from the date he or she receives the notice: Provided, That, if it is impracticable to pay the monetary sanction within the period due to a an act of God, war, incident, or any other unavoidable cause, the person shall pay said amount within seven days from the date said reason ceases to exist. |
| (2) | If the Minister of the Defense Acquisition Program Administration deems that a person obligated to pay an additional monetary sanction falls under any of the following and, thus, is unable to pay the monetary sanction in lump sum, the Minister may extend the deadline for payment or may permit the person to pay said amount in installments. In such cases, the Minister may, if deemed necessary, require such person to provide an asset as collateral: |
| 1. | Where the person obligated to pay an additional monetary sanction experienced a severe property loss due to a disaster or theft, etc.; |
| 2. | Where the person's business is in a serious crisis due to deteriorating economic or business conditions; |
| 3. | Where the person is expected to be in serious financial trouble if he or she pays the additional monetary sanction in lump sum; |
| 4. | Other cases equivalent to those under subparagraphs 1 through 3. |
| (3) | A person who intends to apply for a postponement of the deadline for the payment of an additional monetary sanction or for the payment of an additional monetary sanction in installments under paragraph (2) shall file an application with the Minister of the Defense Acquisition Program Administration, together with documents evidencing that he or she falls under any subparagraph of paragraph (2) within 30 days from the date he or she receives the notice under Article 10 (3). |
| (4) | The postponement of the deadline for payment under paragraph (2) shall not exceed one year from the date immediately following the original deadline. |
| (5) | Where a person is permitted to pay an additional monetary sanction in installments pursuant to paragraph (2), the interval between deadlines for payment shall not exceed four months, and the number of installment payments shall not exceed three. |
| (6) | Even where the Minister of the Defense Acquisition Program Administration decides to postpone the deadline for payment or to permit payment in installments pursuant to paragraph (2), he or she shall revoke the decision to postpone the deadline for payment or to permit payment in installments and shall notify the person of a new deadline for the payment of an additional monetary sanction if a person obligated to pay said additional monetary sanction falls under any of the following subparagraphs: |
| 1. | Where the person fails to pay an additional monetary sanction determined to be paid in installments by the deadline for payment; |
| 2. | Where it is deemed impracticable to collect all or the remainder of the additional monetary sanction, due to such cases as compulsory execution, commencement of an auction, dissolution of a corporation, or a disposition on delinquent national or local taxes. |
| Article 12 (Management of Development Outcomes and Intellectual Property Rights) |
| (1) | The Minister of the Defense Acquisition Program Administration shall perform the following duties to systematically manage development outcomes and intellectual property rights under Article 10 of the Act: |
| 1. | Granting licenses on the development outcomes and intellectual property rights owned by the State and entering into a contract regarding licensing of the development outcomes and intellectual property rights; |
| 2. | Putting in place a system to facilitate the utilization of development outcomes and intellectual property rights; |
| 3. | Publishing and distributing materials related to intellectual property rights; |
| 4. | Duties related to, among others, assessing the value of intellectual property rights. |
| (2) | An institution that owns development outcomes (hereinafter referred to as "institution in possession of technology") shall endeavor to facilitate the transfer and commercialization of technology in order to disseminate defense science and technology to the private sector and to enhance the competitiveness of relevant industrial technology. |
| Article 13 (Joint Ownership of Intellectual Property Rights) |
| (1) | In any of the following cases, the Minister of the Defense Acquisition Program Administration may enter into a contract or an agreement on the intellectual property rights jointly owned by the State and an institute supervising research and development pursuant to the main clause of Article 10 (2) of the Act: |
| 1. | Where an institute supervising research and development which engages in the research and development project prescribed in subparagraph 5 (a) or (e) of Article 2 of the Act pays the research and development expenses in the ratio specified in the contract or agreement concluded pursuant to Article 8 (1) of the Act; |
| 2. | Where an institute supervising research and development which engages in the research and development project prescribed in subparagraph 5 (b) through (d) of Article 2 of the Act enters into a contract for the transfer of intellectual property rights with the Minister of the Defense Acquisition Program Administration after completion of said research and development project. |
| (2) | The State and an institute supervising research and development jointly owning intellectual property rights under paragraph (1) shall be deemed to own equal shares in said intellectual property rights, unless otherwise provided in in a contract or an agreement. |
| (3) | "Cases prescribed by Presidential Decree" in the proviso of Article 10 (2) of the Act means any of the following cases: |
| 1. | Where an institute supervising research and development has no intention to jointly own the intellectual property right; |
| 2. | Where the Minister of the Defense Acquisition Program Administration recognizes that the research and development participant under Article 8 (1) 2 of the Act has actually developed relevant intellectual property rights; |
| 3. | Other cases where the Minister of the Defense Acquisition Program Administration deems it inappropriate to recognize the ownership of an institute supervising research and development. |
| (4) | Where intellectual property rights are jointly owned pursuant to Article 10 (2) of the Act, each co-owner may transfer his or her share or establish the right of pledge aimed at his or her share with consent of the other co-owners. |
| (5) | Where a person who jointly owns an intellectual property right intends to grant a license for the intellectual property right pursuant to the main clause of Article 10 (4) of the Act, he or she shall notify the other co-owners of such fact within 10 days (excluding Saturdays and holidays specified in the Regulations on Holidays of Government Offices) of receiving such request. |
| (6) | Where the State grants a license with respect to the intellectual property right jointly owned under the proviso of Article 10 (4) of the Act, the other co-owners of the relevant intellectual property rights may collect a royalty from a person who intends to license the intellectual property right., as determined and publicly notified by the Minister of the Defense Acquisition Program Administration. |
| Article 14 (Collection and Use of Royalties) |
| (1) | The head of an institution in possession of technology shall submit the results of collecting royalties under the main clause of Article 11 (1) of the Act to the Minister of the Defense Acquisition Program Administration every year. |
| (2) | The head of an institution in possession of technology, which is also a non-profit legal entity (excluding each armed force and the Defense Acquisition Program Administration) shall use at least 40/100 of the royalties collected pursuant to the main clause of Article 11 (1) of the Act for the purposes provided in paragraph (2) 1 or 5 of the same Article. |
| (3) | Where the head of an institution in possession of technology uses royalties collected pursuant to Article 11 (2) of the Act for the purpose referred to in subparagraph 1 of the same paragraph, such royalties shall be used by the institution in possession of technology for either of the following purposes: |
| 1. | To perform its own research tasks; |
| 2. | To expand its research facilities and equipment. |
| (4) | Where the head of an institution in possession of technology intends to use royalties collected pursuant to Article 11 (2) of the Act for the purpose under subparagraph 5 of the same paragraph, he or she shall have a prior consultation with the Minister of the Defense Acquisition Program Administration on, among other things, the target and scope of such use and required expense. |
| (5) | The head of an institution in possession of technology may fully or partially reduce or exempt royalties in any of the following cases upon request by a person who intends to license development outcomes (hereinafter referred to as "technology licensee") pursuant to Article 11 (3) of the Act: |
| 1. | Where an agreement for reduction of or exemption from royalties on the relevant development outcomes is concluded between the States; |
| 2. | Where a technology licensee is either a small and medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises or a middle-standing enterprise defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises; |
| 3. | Where a research and development institute licenses the development outcomes secured from the relevant research and development project; |
| 4. | The end user of the materials manufactured by licensing the relevant development outcomes is the Government of the Republic of Korea or a local government; |
| 5. | Where the Minister of the Defense Acquisition Program Administration deems necessary for the purpose of promoting export. |
| (6) | Where the head of an institution in possession of technology permits payment of royalties in installments under Article 11 (4) of the Act, he or she may allow a technology licensee to pay the royalties in up to three installments, in consultation with the technology licensee. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the calculation, collection, reduction or exemption, installment payment, and use of royalties shall be determined and publicly notified by the Minister of the Defense Acquisition Program Administration. |
| Article 15 (Management of Knowledge and Information on Defense Science and Technology) |
| (1) | The Minister of the Defense Acquisition Program Administration shall perform the following duties to comprehensively and systematically manage knowledge and information on defense science and technology pursuant to Article 12 of the Act: |
| 1. | Collecting, cataloguing, and managing knowledge and information under the subparagraphs of Article 12 (1) of the Act; |
| 2. | Investigating the level of domestic and foreign technology, and analyzing trends in technology development; |
| 3. | Establishing a distribution system for knowledge and information on defense science and technology; |
| 4. | Publishing and distributing materials regarding knowledge and information on defense science and technology. |
| (2) | "Knowledge and information on defense science and technology prescribed by Presidential Decree" in Article 12 (1) 4 of the Act means the following knowledge and information: |
| 1. | Knowledge and information produced by a project on which at least two central administrative agencies have worked; |
| 2. | Information regarding a list of industrial property rights, such as patent rights and utility model rights, and technical data, etc. (including specifications, drawings, technical documents of software, quality assurance requirement, lists of materials, interoperability profiles, and research reports, all of which describe the characteristics of defense science and technology); |
| 3. | Other knowledge and information determined by the Minister of the Defense Acquisition Program Administration to facilitate defense science and technology innovation. |
| Article 16 (Technology Transfer of Development Outcomes) |
| (1) | A research institute or similar entity which intends to receive transfer of defense science and technology pursuant to Article 13 (3) of the Act shall apply for the transfer of technology to the head of an institution in possession of technology, together with the documents containing the following: |
| 1. | Objectives and recipients of technology transfer; |
| 2. | Details of the development outcomes intended for technology transfer; |
| 3. | Plans to utilize the development outcomes intended for technology transfer. |
| (2) | Upon receipt of the application under paragraph (1), the head of an institution in possession of technology shall examine the following matters and request approval from the Minister of the Defense Acquisition Program Administration within one month of receiving said application: |
| 1. | The scope and details of technology transfer; |
| 2. | Whether the recipient is eligible to receive technology transfer; |
| 3. | The necessity of technology transfer; |
| 4. | Royalties; |
| 5. | Technology transfer procedures and problems with such procedures; |
| 6. | Matters that institutions, etc. to which technology is transferred shall abide by at the time of technology transfer; |
| 7. | Other matters determined and publicly notified by the Minister of the Defense Acquisition Program Administration. |
| (3) | Upon receipt of a request for approval under paragraph (2), the Minister of the Defense Acquisition Program Administration shall determine whether to approve such request and notify the head of an institution in possession of technology of the results within two days of receiving such request. |
| (4) | When the head of an institution in possession of technology transfers technology pursuant to Article 13 (3) of the Act, he or she shall conclude a contract with a research institute or similar entity. In such cases, matters to be included in the contract shall be determined and publicly notified by the Minister of the Defense Acquisition Program Administration. |
| (5) | Where deemed necessary for implementing a defense research and development project, the Minister of the Defense Acquisition Program Administration may request the head of an institution in possession of technology to transfer technology to a research institute or similar entity, which implements the relevant defense research and development project. In such cases, where the relevant development outcomes are produced by a project wholly funded by the State, upon receipt of such request, the head of the institution in possession of technology shall cooperate unless there is a compelling reason not to do so. |
| (6) | Where a research institute or similar entity files an application for technology transfer pursuant to paragraph (1) on any of the following grounds, with respect to the development outcomes of technology transfer pursuant to paragraphs (1) through (4), the head of the institution in possession of technology may review the matters under the subparagraphs of paragraph (2) to determine on his or her own whether to approve technology transfer, notwithstanding paragraphs (2) and (3): |
| 1. | Where the research institute or similar entity intends to extend the contract period for technology transfer because said contract period has expired; |
| 2. | Where the research institute or similar entity falls under Article 68 (7) 4 of the Enforcement Decree of the Defense Acquisition Program Act. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the dissemination of development outcomes and for technology transfer shall be determined and publicly notified by the Minister of the Defense Acquisition Program Administration. |
| Article 17 (Payment of Incentives to Human Resources Engaged in Research and Development) |
| (1) | The Minister of National Defense and the Minister of the Defense Acquisition Program Administration may pay an incentive to a person who meets performance standards prescribed by Ordinance of the Ministry of National Defense, among persons working for the Agency for Defense Development, the Defense Agency for Technology and Quality, a research institute or similar entity, a military maintenance unit, or a military procurement unit pursuant to Article 15 (2) of the Act. |
| (2) | In order to deliberate on matters necessary for the payment of incentives under paragraph (1), a merit review committee for research and development incentives (hereafter in this Article referred to as the "Committee") shall be established under the Defense Acquisition Program Administration. |
| (3) | Standards and procedures for the payment of incentives under paragraphs (1) and (2) and matters necessary for the organization, operation, etc. of the Committee shall be prescribed by the Minister of the Defense Acquisition Program Administration: |
| Article 18 (The Defense Agency for Technology and Quality's Projects to Support Defense Research and Development) |
| 1. | Assistance with affairs related to decisions on whether the research and development under the proviso, with the exception of the subparagraphs, of Article 9 (1) of the Act is deemed to have been performed in good faith; |
| 2. | Technical support related to technology transfer under Article 16 and improvement of performance and analysis, evaluation, etc. under Articles 22 and 23, respectively, of the Defense Acquisition Program Act; |
| 3. | Forecast survey and analysis of defense science and technology. |
| Article 19 (Entrustment of Business Affairs) |
| (1) | The Minister of the Defense Acquisition Program Administration shall entrust the following affairs to the President of the Defense Agency for Technology and Quality in accordance with Article 17 (2) of the Act: |
| 1. | Calculation and collection of royalties for development outcomes under the main clause of Article 11 (1) of the Act (limited to development outcomes owned by the State, among the development outcomes of the research and development projects under subparagraph 5 (b) and (c) of Article 2 of the Act); |
| 2. | The following affairs among the affairs relating to the planning and related activities of the defense research and development projects under the subparagraphs of Article 6 (2): |
| (a) | Affairs under Article 6 (2) 3 through 7 regarding research and development projects for core technology under subparagraph 5 (b) of Article 2 of the Act (excluding the business affairs under paragraph (2) 5 of the same Article regarding research and development projects for core technology implemented by the Agency for Defense Development); |
| (b) | Affairs under Article 6 (2) 6 regarding research and development projects for future-leading defense technology under subparagraph 5 (c) of Article 2 of the Act; |
| 3. | Affairs related to the granting of licenses on development outcomes and intellectual property rights (excluding the development outcomes of research and development projects for weapons systems and intellectual property rights related thereto), the conclusion of a licensing contract, assessment, etc. of the value of the intellectual property rights under Article 12 (1) 1 and 4; |
| 4. | Management of knowledge and information related to defense science and technology under the subparagraphs of Article 15 (1). |
| (2) | The Minister of the Defense Acquisition Program Administration shall entrust the following affairs to the Agency for Defense Development pursuant to Article 17 (2) of the Act: |
| 1. | Calculation and collection of royalties for development outcomes (limited to development outcomes owned by the State, among development outcomes of research and development projects for weapons systems) under the main clause of Article 11 (1) of the Act; |
| 2. | Affairs under Article 6 (2) 3 through 5 and 7 regarding the research and development projects for future-leading defense technology under subparagraph 5 (c) of Article 2 of the Act; |
| 3. | Affairs related to the granting of a license on development outcomes and intellectual property rights (limited to development outcomes of a research and development project for weapons systems and intellectual property rights related thereto), conclusion of a licensing contract, assessment, etc. of the value of the intellectual property rights prescribed in Article 12 (1) 1 and 4. |
| Article 20 (Management of Personally Identifiable Information) |
| 1. | Affairs relating to restrictions on participation in defense research and development projects and the recovery of project costs under Article 9 (1) of the Act; |
| 2. | Affairs relating to the imposition and collection of additional monetary sanctions under Article 9 (4) of the Act; |
| 3. | Affairs relating to the collection of royalties under Article 11 of the Act; |
| 4. | Affairs relating to the evaluation of tasks of defense research and development projects under Article 6 (2) 6. |