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ENFORCEMENT DECREE OF THE NATIONAL RESEARCH FOUNDATION OF KOREA ACT

Presidential Decree No. 22977, jun. 24, 2011

Amended by Presidential Decree No. 24473, Mar. 23, 2013

Presidential Decree No. 25393, jun. 25, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 28210, Jul. 26, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 31380, Jan. 5, 2021

Presidential Decree No. 32064, Oct. 19, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the National Research Foundation of Korea Act and those required for the enforcement thereof.
 Article 2 (Registration for Incorporation)
(1) The National Research Foundation of Korea (hereinafter referred to as the "Foundation") under Article 2 of the National Research Foundation of Korea Act (hereinafter referred to as the "Act") shall complete the registration of establishment at the location of its main office within three weeks from the date its articles of association is authorized.
(2) Contents of registration under paragraph (1) shall be as follows:
1. Objectives;
2. Name;
3. The location of the principal office;
4. Names and addresses of the executive officers;
5. Total amount of assets.
6. Method of public announcement.
(3) In applying for the registration of establishment, the articles of association under Article 4 of the Act shall be appended.
 Article 3 (Recommendation of Candidates for Directors)
(1) Institutions and organizations under Article 6 (3) of the Act shall be as follows: <Amended on Jun. 24, 2011; Mar. 23, 2013; Jun. 25, 2014; Nov. 19, 2014; Jul. 26, 2017>
2. The Korean Academy of Science and Technology under Article 9 of the Basic Research Promotion and Technology Development Support Act;
3. The National Academy of Engineering of Korea under Article 40 of the Industrial Technology Innovation Promotion Act;
4. The National Research Council for Economics, Humanities and Social Sciences under Article 4 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
6. The Academy of Korean Studies under the Act on the Support of the Academy of Korean Studies;
7. The Korean Federation of Science and Technology Societies and the Korea Industrial Technology Association under Article 49 of the Enforcement Decree of the Framework Act on Science and Technology;
8. Other institutions and organizations deemed necessary by the Minister of Education and the Minister of Science and ICT in relation to academic, research and development activities.
(2) When institutions and organizations referred to in paragraph (1) recommend candidates for directors to the executive recommendation committee under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "executive recommendation committee"), they shall recommend the candidates from among persons with extensive expertise and experience or professional managers in the relevant field of research.
(3) When the executive recommendation committee recommends candidates for directors to the Minister of Science and ICT under Article 26 of the Act on the Management of Public Institutions, it shall specify the institutions or organizations that have recommended the relevant candidates. <Amended by Mar. 23, 2013; Jul. 26, 2017>
 Article 4 (Payment of Contributions)
(1) When the Foundation intends to receive contributions under Article 11 (1) of the Act, it shall submit a written request for contributions for the following year, attaching documents specifying the details of request for contributions, to the Minister of Science and ICT by May 31 each year. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) Upon receiving a written request for contributions under paragraph (1), the Minister of Science and ICT shall consult with the Minister of Education thereon, and if he or she deems necessary to pay the contributions, he or she shall appropriate in the budget the contributions requested by the Foundation. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(3) When the Government's decision on payment of the contributions is finalized, the Minister of Science and ICT shall notify the Foundation of such fact. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(4) Upon receiving a notification referred to in paragraph (3), the Foundation shall submit to the Minister of Science and ICT a written request for payment of contributions, attaching a quarterly business plan and budget execution plan. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(5) The Foundation shall manage the contributions received from the Government in a separate account, and shall execute them only for the uses specified in the quarterly business plan and budget execution plan.
 Article 5 (Free Loan of State and Public Property)
(1) Conditions and procedures for lending, using, or making profits from State and public property free of charge under Article 12 (1) of the Act shall be determined by signing a contract between the Foundation and the management authority of the State or public property concerned.
(2) Where the Foundation uses the State or public property which has been loaned or used or used for profit-making free of charge under Article 12 (1) of the Act for purposes other than its original purpose, the management authority of the State or public property may terminate the contract.
(3) With respect to the matters not prescribed in the Act or this Decree concerning lending, using or profit-making from State and public property free of charge, the relevant provisions of the State Property Act and the Public Property and Commodity Management Act shall apply mutatis mutandis.
 Article 6 (Submittal of Business Plans)
The Foundation shall submit a business plan and budget bill of the following year specifying the objectives, policy measures, details of major programs, required budget, etc. to the Minister of Education and the Minister of Science and ICT before the commencement of the relevant business year, pursuant to Article 14 of the Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 7 (Composition and Operation of External Evaluation Committee)
(1) The external evaluation committee under Article 15 (3) of the Act (hereinafter referred to as the "external evaluation committee") shall be comprised of not more than 11 members, including a chairperson.
(2) Members of the external evaluation committee shall be appointed or commissioned by the Minister of Education or the Minister of Science and ICT, from among the following persons. In such cases, the number of members to be appointed or commissioned by each Minister shall be decided through mutual consultation: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. Public officials in general service belonging to the Senior Executive Service of the Ministry of Education or the Ministry of Science and ICT, who are related to the operation of a research program management system referred to in Article 15 (1) of the Act;
2. Persons with extensive expertise and experience in academic, research and development projects.
(3) The chairperson of the external evaluation committee shall be appointed by the Minister of Science and ICT following consultation with the Minister of Education, from among members referred to in paragraph (2) 2. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(4) The chairperson shall represent the Committee and supervise the affairs of the Committee.
(5) The term of office for the members commissioned under paragraph (2) 2 shall be two years. <Amended on Mar. 23, 2013>
(6) The external evaluation committee shall have two secretaries to execute the affairs of the committee, each of whom shall be appointed respectively by the Minister of Education and the Minister of Science and ICT, from among Grade III or IV public officials of the Ministry of Education and the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(7) The external evaluation committee may request the Foundation to submit materials necessary for examining as to whether a research program management specialist performs his or her duties fairly and efficiently under Article 15 (3) of the Act.
(8) Except as provided in paragraphs (1) through (7), matters necessary for the operation of the external evaluation committee, such as detailed procedures for and methods of external evaluation, and utilization of the findings of evaluation, shall be prescribed by the Minister of Science and ICT through consultation with the Minister of Education. <Amended on Mar. 23, 2013; Jul. 26, 2017>
 Article 8 (Submittal of Written Settlement of Accounts)
The Foundation shall submit a written settlement of accounts on revenues and expenditures prescribed in Article 16 (1) of the Act, along with the following documents: <Amended on Mar. 23, 2013; Jan. 5, 2021>
1. A statement of financial position and an income statement for each business year;
2. A comparison list of a business plan with the results of its execution for each business year;
3. A written opinion on audit and inspection of a certified public accountant or accounting firm;
4. Minutes of a meeting of the board of directors that resolved the settlement of accounts of revenues and expenditures.
 Article 9 (Criteria for Imposition of Administrative Fines)
The criteria for imposing administrative fines under Article 23 (1) of the Act shall be as specified in the attached Table.
[This Article Newly Inserted on Oct. 19, 2021]
ADDENDA <Presidential Decree No. 21551, Jun. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 26, 2009.
Article 2 (Repeal of other Statutes)
The Enforcement Decree of the Korea Science and Engineering Foundation Act is hereby repealed.
Article 3 Omitted.
Article 4 (Relationship with other Statutes)
Where any other statutes cite the former Enforcement Decree of the Korea Science and Engineering Foundation Act and the Enforcement Decree of the Sciences Promotion and Credit Guarantee, etc. for Student Loans Act or any provisions thereof as at the time this Decree enters into force, it shall be deemed to have cited this Decree or the relevant provisions of this Decree in lieu of the former provisions, if any provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24473, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 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 amended part of any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of the relevant Presidential Decree.
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. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended under Article 8 of the Addenda, amendments to a Presidential Decree, which was promulgated before this Decree 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 Presidential Decree.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32064, Oct. 19, 2021>
This Decree shall enter into force on the date of its promulgation.