BRAIN RESEARCH PROMOTION ACT
Act No. 5547, jun. 3, 1998
Amended by Act No. 6400, Jan. 29, 2001
Act No. 6811, Dec. 26, 2002
Act No. 8852, Feb. 29, 2008
Act No. 9089, jun. 5, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10077, Mar. 17, 2010
Act No. 10870, Jul. 21, 2011
Act No. 11680, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14839, Jul. 26, 2017
Act No. 17563, Dec. 8, 2020
Act No. 18647, Dec. 28, 2021
Act No. 18730, Jan. 11, 2022
The purpose of this Act is to efficiently foster and develop brain research through promoting its foundation and facilitating commercialization of its development technology, thereby contributing to national welfare improvement and national economy development.
[This Article Wholly Amended on Mar. 17, 2010]
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 28, 2021; Jan. 11, 2022>
| 1. | The term "brain research" means brain science, medical and pharmacological brain science, brain engineering, and all related fields; |
| 2. | The term "brain science" means a basic study for a comprehensive understanding of the neurobiological structure of brain and advanced neural and mental activities, such as perception, cognition, linguistic psychology, and behaviors; |
| 3. | The term "medical and pharmacological brain science" means a study on finding causes of physical and mental diseases and disorders arising from defects in brain structure and functions and as a result of aging brain, and the treatment and prevention of such diseases and disorders; |
| 4. | The term "brain engineering" means a study of theories and technology for understanding brain structure and function for processing advanced information and for its engineering applications; |
| 4-2. | The term "brain research resources" means brain-related tissues, cells, and body fluids, etc.; products separated from those; and clinical information, epidemiological information, etc.; |
| 4-3. | The term "brain bank" means an institution designated under Article 15-2 (1) which performs acquisition, preservation, management, and utilization of brain research resources; |
| 5. | The term "relevant central administrative agency" means the Ministry of Education, the Ministry of Science and ICT, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, and the Korea Disease Control and Prevention Agency; |
| 6. | The term "brain industry" means the industry of developing, producing, or distributing products to which technology based on brain research is applied or providing services related thereto. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 3 (Scope of Application) |
Except as otherwise provided by other statutes, brain research shall be governed by this Act.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 4 (Responsibilities of Government) |
| (1) | The Government shall devise policies for supporting brain research promotion and push them forward. |
| (2) | Colleges, research institutes, enterprises, individuals and other entities that conduct brain research (hereinafter referred to as "brain researcher") shall actively cooperate in the policies devised under paragraph (1). <Amended on Jan. 11, 2022> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 5 (Establishment of Master Plans to Facilitate Brain Research) |
| (1) | The head of each relevant central administrative agency shall submit a plan for brain research promotion under the jurisdiction of each agency and previous year’s outcomes to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall incorporate and adjust plans for brain research promotion submitted by the head of each relevant central administrative agency under paragraph (1), establish a master plan for brain research promotion (hereinafter referred to as "master plan") after deliberation by the Council for Comprehensive Biotechnology Policy under Article 6 of the Biotechnology Support Act (hereinafter referred to as the "Council"), and notify the heads of the relevant central administrative agencies of the master plan. The foregoing shall also apply to revisions to the master plan. <Amended on Jul. 21, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The master plan shall include the following matters: |
| 1. | Medium- and long-term goals and details of brain research; |
| 2. | A scheme for the expansion of investment resources necessary for brain research and its promotion plan; |
| 3. | A plan for brain research in various fields, such as education, industries, health and welfare, information and communications, and science and technology; |
| 4. | A comprehensive plan for the development and efficient utilization of human resources necessary for brain research; |
| 5. | A plan for the use and preservation of outcomes of brain research; |
| 6. | Other important matters necessary for the facilitation of brain research. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 6 (Formulation of Implementation Plans for Brain Research Promotion) |
| (1) | The head of each relevant central administrative agency shall formulate and implement an implementation plan for brain research promotion each year (hereinafter referred to as "implementation plan") in accordance with the master plan. |
| (2) | When the head of each relevant central administrative agency intends to formulate an implementation plan, he or she shall have a prior consultation with the Minister of Science and ICT thereon. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | If necessary, the Minister of Science and ICT may prepare basic guidelines necessary for formulating an implementation plan and notify the heads of the relevant central administrative agencies of such guidelines. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (4) | Matters necessary for the formulation and implementation of implementation plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 6-2 (Working Committee for Brain Research) |
| (1) | A working committee for brain research may be established under the jurisdiction of the Minister of Science and ICT to deliberate in advance on issues to be referred to the Council. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Organization and operation of the working committee for brain research referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 21, 2011]
| Article 7 Deleted. <Jul. 21, 2011> |
| Article 8 Deleted. <Jul. 21, 2011> |
| Article 9 (Increasing Investment in Brain Research) |
| (1) | The Government shall use its best efforts to boost investment in brain research within budgetary limits, in accordance with the scheme for increasing investment resources and its promotion plan referred to in Article 5 (3) 2. |
| (2) | The Minister of Science and ICT shall prepare an annual plan for increasing investment in brain research after deliberation by the Council, and report it to the Presidential Advisory Council for Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 10 (Cooperation in Research and Technology Development) |
The Government shall endeavor to promote international cooperation on brain research and its technology development and shall prepare measures for introducing advanced technologies, such as international joint research, identification of trends, dispatch of experts, and attraction of overseas experts. <Amended on Dec. 28, 2021>
[This Article Wholly Amended on Mar. 17, 2010]
| Article 10-2 (Nurturing of Professionals) |
| (1) | The Government may conduct education and training to nurture professionals in brain research and improve their quality. |
| (2) | The Government may entrust affairs concerning education and training under paragraph (1) to universities, research institutes, or other institutions or organizations prescribed by Presidential Decree, and subsidize all or some of expenses incurred in performing such entrusted affairs. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 11 (Facilitation of Joint Research and Academic Activities) |
In order to foster brain research and technology development efficiently, the Government shall facilitate a joint research between academia, research institutes, and industries and fully support related academic conferences and their activities.
[This Article Wholly Amended on Mar. 17, 2010]
| Article 12 (Support to Related Agencies) |
| (1) | The Government may provide support for manufacturing new technological products to facilitate the brain industry. <Amended on Dec. 28, 2021> |
| (2) | In order to strengthen brain research capacity and facilitate the brain industry, the Government may subsidize relevant institutions and organizations for necessary expenses within the budget. <Newly Inserted on Dec. 28, 2021> |
[This Article Wholly Amended on Mar. 17, 2010]
[Title Amended on Dec. 28, 2021]
| Article 13 (Collection and Dissemination of Technical Information) |
| (1) | The Minister of Science and ICT shall endeavor to collect information on brain research and disseminate such information to relevant institutions. <Amended on Dec. 28, 2021> |
| (2) | The Minister of Science and ICT may formulate and promote related policies, such as the establishment of a comprehensive brain research information system, in order to facilitate brain research and the brain industry. <Newly Inserted on Dec. 28, 2021> |
| (3) | Where the Minister of Science and ICT formulates and promotes policies prescribed in paragraph (2), he or she shall link such policies with the policies to facilitate the production, distribution, management, and utilization of knowledge and information on science and technology, and national research and development projects prescribed in Article 26 (1) of the Framework Act on Science and Technology. <Newly Inserted on Dec. 28, 2021> |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 14 (Preparation of Brain Research Promotion Policies) |
In order to efficiently facilitate brain research, the head of each relevant central administrative agency shall formulate policies specified by each of the following categories: <Amended on Mar. 23, 2013, Nov. 19, 2014; Jul. 26, 2017; Jan. 11, 2022>
| 1. | The Minister of Education: Policies for developing professionals to facilitate brain research and support for research on basic brain science, consulted with the Minister of Science and ICT; |
| 1-2. | The Minister of Science and ICT: Policies for facilitating the assistance in, and coordination of, the formulation of the master plan and implementation plans; development of basic and high-end technologies related to brain; support for research for the use and preservation of useful research outcomes; fostering of a public support system for brain research; development of technologies for application of brain research outcomes to information and communications and commercialization of the developed technologies; |
| 2. | The Ministry of Trade, Industry and Energy: Policies for facilitating development of applied technologies to efficiently apply brain research outcomes to manufacturing and industrial process and commercialization of the developed technologies; |
| 3. | The Minister of Health and Welfare: Policies for facilitating research on medical and pharmacological brain science related to health, medical services, etc.; development of applied technologies by using such research outcomes; and commercialization of the developed technologies; |
| 4. | The Commissioner of the Korea Disease Control and Prevention Agency: Policies for research on medical and pharmacological brain science related to disease prevention, control, etc.; support for such research; and development of applied technologies by using such research outcomes. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 15 (Clinical Trials and Testing for Approval) |
| (1) | The Government shall establish a system for clinical trials and testing for the approval of products concerned with brain research. |
| (2) | Matters necessary for the establishment of a system for clinical trials and testing for approval pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 15-2 (Designation of Brain Banks) |
| (1) | In order to support brain researchers' efficient use of brain research resources, the Minister of Science and ICT may designate an institution meeting the requirements for human resources, facilities, etc. prescribed by Presidential Decree, from among the following institutions, as a brain bank: |
| (2) | Where an institution specified in any subparagraph of paragraph (1) which has obtained approval of support for research expenses from the head of the relevant central administrative agency pursuant to other statutes or regulations to perform the duties of securing, preserving, managing, and utilizing brain research resources, files an application for designation as a brain bank with the Minister of Science and ICT, meeting the requirements provided in the provisions, with the exception of the subparagraphs, of paragraph (1), the head of the relevant central administrative agency may request the Minister of Science and ICT to designate such institution as a brain bank. |
| (3) | Where a brain bank designated pursuant to paragraph (1) intends to change any important matter prescribed by Presidential Decree, it shall obtain changed designation from the Minister of Science and ICT. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for procedures for designation, etc. of a brain bank shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 15-3 (Affairs of Brain Banks) |
| (1) | A brain bank shall perform the following affairs: |
| 1. | Securing, preserving, and managing brain research resources; |
| 2. | Utilizing brain research resources; |
| 3. | Providing brain research resources to brain researchers; |
| 4. | Establishing and operating an information system for operating and managing brain banks; |
| 5. | Facilitating cooperation among domestic and foreign institutions related to brain research resources; |
| 6. | Other affairs necessary for securing, preserving, managing, and utilizing brain research resources. |
| (2) | The head of the relevant central administrative agency?may subsidize all or part of the expenses necessary for a brain bank to perform the affairs under the subparagraphs of paragraph (1). |
| (3) | The head of a brain bank shall submit the status of its operation for the previous year to the Minister of Science and ICT by the end of February each year. |
| (4) | Where the head of a brain bank intends to suspend or close its business, he or she shall report thereon to the Minister of Science and ICT. |
| (5) | Except as provided in paragraphs (1) through (4), details necessary for the operation of a brain bank shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 15-4 (Revocation of Designation of Brain Banks) |
| (1) | Where a brain bank falls under any of the following, the Minister of Science and ICT may revoke its designation or issue a correction order for a fixed period of not exceeding six months: Provided, That where a brain bank falls under subparagraph 1 or 2, the Minister shall revoke its designation; and where a brain bank falling under subparagraph 3 or 4 receives a correction order but fails to comply therewith without good cause, the Minister shall revoke its designation: |
| 1. | Where a brain bank has obtained designation by fraud or other improper means; |
| 2. | Where a brain banks has reported a business closure pursuant to Article 15-3 (4); |
| 3. | Where a brain bank ceases to meet the requirements for designation under Article 15-2 (1); |
| 4. | Where a brain bank fails to perform the duties under the subparagraphs of Article 15-3 (1) without good cause. |
| (2) | Detailed standards and procedures for the revocation of designation and for correction orders shall be prescribed by Presidential Decree. |
| (3) | The Minister of Science and ICT shall hold a hearing where he or she intends to revoke the designation of a brain bank under paragraph (1). |
[This Article Newly Inserted on Jan. 11, 2022]
| Article 16 (Preparation and Implementation of Experiment Guidelines) |
| (1) | The Government shall prepare and implement experiment guidelines for the facilitation of brain research and its commercialization. |
| (2) | The experiment guidelines referred to in paragraph (1) shall contain proactive measures and safety standards to avoid biological risks, adverse effects on human beings, and ethical issues anticipated in brain research and commercialization process. |
[This Article Wholly Amended on Mar. 17, 2010]
| Article 17 (Establishment of Research Institutes) |
| (1) | The Government may establish or designate a research institute funded by the Government (hereinafter referred to as "government-funded research institute") in order to conduct, utilize, and support brain research, as well as to maintain and develop a close cooperative system among brain-related academia, research institutes, and industries. <Amended on Dec. 28, 2021> |
| (2) | Details about the establishment, designation, and operation of, and support, etc. for government-funded research institutes under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 28, 2021> |
[This Article Wholly Amended on Mar. 17, 2010]
[Title Amended on Dec. 28, 2021]
| Article 18 (Establishment of Compensation System) |
| (1) | The Government shall formulate and implement appropriate policies to establish an effective compensation system for commercializing activities of brain research and the developed technologies. |
| (2) | The Government may award a prize to universities, institutes, businesses, individuals, etc. that has rendered distinguished service for promoting brain research. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 19 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Science and ICT under this Act may be delegated to the head of an agency under his or her control or the head of a local government, as prescribed by Presidential Decree. |
| (2) | Affairs of the Minister of Science and ICT under this Act may be partially entrusted to the head of an institution or organization performing affairs related to developing the brain industry, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 28, 2021]
| Article 20 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Dec. 28, 2021]
ADDENDA <Act No. 5547, Jun. 3, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6811, Dec. 26, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9089, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10077, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 5 of Article 2 and Article 14 shall enter into force on March 19, 2010.
ADDENDUM<Act No. 10870, Jul. 21, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11680, Mar. 23, 2013>
This Act shall enter into force on the date of its promulgation.
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 this Addenda, amendments of Acts which are promulgated before this Act enters into force, but the date on which it enters into force has not arrived shall enter into force on the date the relevant Act enters into force. Articles 2 through Article 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 the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 17563, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18647, Dec. 28, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18730, Jan. 11, 2022>
This Act shall enter into force six months after the date of its promulgation.