ENFORCEMENT DECREE OF THE BRAIN RESEARCH PROMOTION ACT
Presidential Decree No. 15924, Nov. 6, 1998
Amended by Presidential Decree No. 16326, May 24, 1999
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 23224, Oct. 17, 2011
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 31168, Nov. 20, 2020
Presidential Decree No. 31895, Jul. 20, 2021
The purpose of this Decree is to provide for matters mandated by the Brain Research Promotion Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Oct. 17, 2017]
| Article 2 (Reporting on Outcomes of Implementation) |
| (1) | Pursuant to Article 5 (1) of the Brain Research Promotion Act (hereinafter referred to as the "Act"), the Minister of Education, the Minister of Science and ICT, the Minister of Trade, Industry and Energy and the Minister of Health and Welfare (hereinafter referred to as "head of a relevant central administrative agency") shall submit previous year’s outcomes of brain research promotion under the jurisdiction of each agency to the Minister of Science and ICT by the end of February each year. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall integrate the outcomes submitted under paragraph (1) with previous year’s outcomes and other performance of the Ministry of Science and ICT and report it to the Council for Comprehensive Biotechnology Policy established under Article 7 of the Biotechnology Support Act (hereinafter referred to as the "Council"). <Amended on Mar. 23, 2013; Jul. 26, 2017; Nov. 20, 2020> |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 3 (Establishment of Master Plan for Brain Research Promotion) |
| (1) | Pursuant to Article 5 (1) of the Act, the head of each relevant central administrative agency shall submit a plan for promoting brain research under the jurisdiction of each agency to the Minister of Science and ICT by the end of February of the previous year before the start of the master plan for brain research promotion under Article 5 (2) of the Act (hereinafter referred to as "master plan"). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall formulate a master plan every five years. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 4 (Formulation of Implementation Plans for Brain Research Promotion) |
When the head of each relevant central administrative agency intends to consult with the Minister of Science and ICT on the formulation of an implementation plan for brain research promotion (hereinafter referred to as "implementation plan") under Article 6 (2) of the Act, he or she shall submit a draft implementation plan of the agency concerned to the Minister of Science and ICT by the end of February each year. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Oct. 17, 2017]
| Article 5 (Requests for Provision of Data) |
The Minister of Science and ICT may request heads of the relevant central administrative agencies to provide necessary data when preparing basic guidelines necessary for establishing implementation plans under Article 6 (3) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Oct. 17, 2017]
| Article 6 Deleted. <Oct. 17, 2011> |
| Article 7 Deleted. <Oct. 17, 2011> |
| Article 8 Deleted. <Oct. 17, 2011> |
| Article 9 Deleted. <Oct. 17, 2011> |
| Article 10 (Organization and Operation of Working Committee for Brain Research) |
| (1) | The working committee for brain research established under Article 6-2 (1) of the Act (hereinafter referred to as "Working Committee") shall consist of up to 20 members, including one chairperson. |
| (2) | The Chairperson of the committee shall be assigned from among general or special officials belonging to the Senior Executive Service of the Ministry of Science and ICT, and committee members shall be assigned from among persons falling under each of the follows subparagraphs: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Each person respectively designated by the head of a relevant agency he or she belongs to from among Grade III public officials (including public officials in extraordinary civil service corresponding thereto), public officials in general or extraordinary civil service of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, and the Ministry of Health and Welfare; |
| 2. | A person commissioned by the Minister of Science and ICT, who has abundant knowledge and experience in brain research as a brain research expert working for academia, research institutes, or industries. |
| (3) | The term of office of Working Committee members shall be two years. |
| (4) | A member newly commissioned due to the resignation, etc. of a member referred to in paragraph (2) 2 shall serve for the remainder of his or her predecessor's term of office. |
| (5) | The chairperson of the Working Committee shall convene and preside over the meetings of the Working Committee. |
| (6) | A meeting of the Working Committee shall be held with a majority of all incumbent members present, and any resolution thereof shall be passed with the affirmative vote of a majority of those present at the meeting. |
| (7) | The Working Committee may organize and operate subcommittees under its jurisdiction to expertly review agenda concerning brain science, medical and pharmacological brain science, brain engineering fields. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the organization and operation of the Working Committee and subcommittees shall be determined by the chairperson of the Working Committee, following a resolution by the Working Committee. |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 11 (Hearing of Opinions) |
The Working Committee may require related public officials or experts with specialized knowledge and experience in brain research to attend a meeting of the Working Committee and present their opinions, if deemed necessary in relation to matters to be deliberated on, etc.
[This Article Wholly Amended on Oct. 17, 2017]
Committee members, related public officials or experts who attend a meeting of the Working Committee may be reimbursed for allowances or actual expenses within budgetary limits: Provided, That the same shall not apply where a public official attends a meetings in direct relation to his or her duties.
[This Article Wholly Amended on Oct. 17, 2017]
| Article 13 (Entrustment of Affairs related to Education and Training) |
| (1) | The Minister of Science and ICT may, under Article 10-2 (2) of the Act, entrust affairs relating to education and training under paragraph (1) of that Article to the following institutes or organizations: |
| 2. | The following research institutes that perform affairs related to brain research: |
| 3. | An affiliated institution that performs affairs relating to brain research among affiliated institutions established under Article 3-2 of the Daegu Gyeongbuk Institute of Science and Technology Act.; |
| 6. | Other institutions or organizations related to brain research, which are deemed to be able to perform the affairs relating to education and training for brain research and publicly notified by the Minister of Science and ICT. |
| (2) | Where the Minister of Science and ICT entrusts affairs pursuant to paragraph (1), he or she shall publicly notify the name of an institution or organization entrusted with affairs and the affairs entrusted. |
[This Article Newly Inserted on Jul. 20, 2021
| Article 14 (Support for Joint Research) |
In order to facilitate a joint research on brain and its technology development among academia, research institutes and industries under Article 11 of the Act, the Minister of Science and ICT may encourage a joint procurement of research equipments and reagents and sharing of research facilities, and may provide support necessary for such activities. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Oct. 17, 2017]
| Article 15 (Support for Manufacturing New Technological Products) |
| (1) | In order to support the manufacturing of new technology products, which leads to commercialization of the brain research outcomes under the jurisdiction of each agency pursuant to Article 12 of the Act, the Minister of Science and ICT and the heads of relevant central administrative agencies may request the heads of the relevant administrative agencies to take necessary measures, such as financial assistance and preferential purchase of the products, after deliberation by the Council. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Upon receipt of a request made under paragraph (1), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances. |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 16 (Preparation of Guidelines for Clinical Trials and Testing for Approval) |
| (1) | In order to establish a clinical trials and testing system for the approval of products related to brain research under Article 15 of the Act, the Minister of Science and ICT and the heads of the relevant central administrative agencies shall prepare and implement guidelines for clinical trials and testing for approval, after deliberation by the Council: Provided, That the same shall not apply where any other Act and subordinate statutes prescribe otherwise. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Guidelines for clinical trials and testing for approval referred to in paragraph (1) shall include the following: Provided, That the same shall not apply where guidelines cannot be formulated due to special characteristics of products related to brain research: |
| 1. | Animal tests and clinical trials of products produced or manufactured through brain research; |
| 2. | Matters concerning the analysis of components, purity, etc. of products produced or manufactured through brain research; |
| 3. | Other matters necessary for clinical trials and testing for the approval of products related to brain research. |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 17 (Preparation and Implementation of Experiment Guidelines) |
The Minister of Science and ICT and the heads of relevant central administrative agencies shall prepare and implement experiment guidelines specific to their agencies under Article 16 of the Act, after deliberation by the Council. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Oct. 17, 2017]
ADDENDUM <Presidential Decree No. 15924, Nov. 6, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23224, Oct. 17, 2011>
This Decree shall enter into force on October 22, 2011.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of the Addenda, the amendments of Presidential Decrees promulgated before this Decree enters into force but the date on which it enters into force has not arrived shall enters into force on the date the relevant Acts enters into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31168, Nov. 20, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 20, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31895, Jul. 20, 2021>
This Decree shall enter into force on the date of its promulgation.