ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON SCIENCE AND TECHNOLOGY
Presidential Decree No. 17303, Jul. 16, 2001
Amended by Presidential Decree No. 17640, jun. 25, 2002
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 17896, Jan. 29, 2003
Presidential Decree No. 18069, Jul. 29, 2003
Presidential Decree No. 18308, Mar. 9, 2004
Presidential Decree No. 18431, jun. 19, 2004
Presidential Decree No. 18595, Dec. 3, 2004
Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19142, Nov. 30, 2005
Presidential Decree No. 19321, Feb. 8, 2006
Presidential Decree No. 19411, Mar. 29, 2006
Presidential Decree No. 19785, Dec. 29, 2006
Presidential Decree No. 19815, Dec. 30, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 20979, Aug. 27, 2008
Presidential Decree No. 20993, Sep. 10, 2008
Presidential Decree No. 21162, Dec. 12, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21515, May 29, 2009
Presidential Decree No. 21551, jun. 25, 2009
Presidential Decree No. 21698, Aug. 21, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22299, Jul. 26, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22626, Jan. 17, 2011
Presidential Decree No. 22720, Mar. 28, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 23249, Oct. 25, 2011
Presidential Decree No. 23912, jun. 29, 2012
Presidential Decree No. 24308, Jan. 9, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25729, Nov. 19, 2014
Presidential Decree No. 26551, Sep. 25, 2015
Presidential Decree No. 26732, Dec. 22, 2015
Presidential Decree No. 27231, jun. 21, 2016
Presidential Decree No. 27294, jun. 30, 2016
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28800, Apr. 17, 2018
Presidential Decree No. 30117, Oct. 8, 2019
Presidential Decree No. 30436, Feb. 18, 2020
Presidential Decree No. 31220, Dec. 8, 2020
Presidential Decree No. 31253, Dec. 10, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31995, Sep. 24, 2021
Presidential Decree No. 32137, Nov. 23, 2021
Presidential Decree No. 32726, jun. 28, 2022
Presidential Decree No. 32990, Nov. 15, 2022
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Jul. 26, 2010]
| Article 2 (Private Participation in Policy Formulation) |
Where the heads of relevant central administrative agencies and of local governments (hereinafter referred to as "heads of the relevant administrative agencies") formulate a science and technology policy (hereafter in this Article referred to as "policy") pursuant to Article 5 (3) of the Framework Act on Science and Technology (hereinafter referred to as the "Act"), they shall expand the participation of private experts and that of corporations, organizations or civic groups (referring to non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply) referred to in the subparagraphs of Article 49 in affiliated committees related to science and technology, survey the opinions of individuals, corporations and organizations subject to the policy, and reflect them to the maximum extent in the formulation and execution of the policy. [This Article Wholly Amended on Jul. 26, 2010]
CHAPTER II FORMULATION OF POLICIES FOR SCIENCE AND TECHNOLOGY AND SYSTEMS FOR PROMOTION
| Article 3 (Formulation of Mid- and Long-Term Policy Objectives and Directions) |
| (1) | The Minister of Science and ICT shall notify mid- and long-term policy objectives and direction-setting relating to the development of science and technology determined pursuant to Article 7 (1) of the Act (hereafter in this Article referred to as "mid- and long-term policy objectives, etc.") to the heads of relevant administrative agencies, and publicly announce the same. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Mid- and long-term policy objectives, etc. shall be formulated on the basis of development trends in science and technology, forecast of ensuing social changes in the future under Article 13 of the Act and Korea’s research and development capabilities, and include the following: <Amended on Nov. 19, 2014> |
| 1. | Mid- and long-term objectives spanning at least five years for the developments in science and technology; |
| 2. | Development strategies and implementation directions for achievement of the development objectives referred to in subparagraph 1; |
| 3. | Other important policy tasks to be advanced that are necessary for the development of science and technology in the Republic of Korea; |
| 4. | Deleted; <Nov. 19, 2014> |
| 5. | Deleted; <Nov. 19, 2014> |
| 6. | Deleted. <Nov. 19, 2014> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 3-2 (Preliminary Review and Fact-Finding Survey of Mid- and Long-Term Plans for Science and Technology Fields) |
| (1) | The Minister of Science and ICT shall conduct a preliminary review of at least five years' mid- and long-term plans for science and technology fields to be formulated by the heads of the relevant central administrative agencies that conduct national research and development projects (excluding those relating to national defense, humanities, and social sciences) under their jurisdiction pursuant to governing statutes and regulations, and shall inform the heads of the relevant central administrative agencies of the results thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall conduct an annual fact-finding survey concerning matters, such as the correlations between a master plan for science and technology prescribed in Article 7 (2) of the Act (hereinafter referred to as "master plan") and the mid- and long-term plan under paragraph (1), and shall inform the heads of the relevant central administrative agencies of the results thereof. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where necessary for conducting the fact-finding survey under paragraph (2), the Minister of Science and ICT may request the heads of the relevant central administrative agencies to submit necessary information. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Mar. 28, 2011]
| Article 3-3 (Securing Promising Technologies for Future) |
| (1) | In order to efficiently secure promising technologies for the future under Article 7 (3) 4-2 of the Act, the heads of central administrative agencies may formulate a technology map of the fields under their respective jurisdiction (referring to a plan for technological development proposing objectives by stage and strategical direction of technological development). |
| (2) | With respect to technologies for which cooperation from relevant central administrative agencies is necessary or to which multiple central administrative agencies are related, the Minister of Science and ICT may formulate a technology map concerning technologies (hereinafter referred to as "national technology map") and shall hear the opinions of the heads of relevant central administrative agencies when he or she formulates a national technology map. <Amended on Jul. 26, 2017> |
| (3) | Each national technology map shall contain the following matters: |
| 1. | Demand for respective promising technologies for the future and prospects for marketability; |
| 2. | Trends in development of respective promising technologies for the future and prospects therefor; |
| 3. | Trends in intellectual property related with promising technologies for the future and prospect therefor; |
| 4. | Objectives of respective promising technologies for the future, timing for realization thereof and strategies for procuring promising technologies for the future; |
| 5. | Other matters related to the development of promising technologies for the future. |
| (4) | If necessary for formulating a national technology map, the Minister of Science and ICT may request the heads of relevant central administrative agencies, heads of local governments and heads of agencies and organizations related to science and technologies to submit necessary data. <Amended on Jul. 26, 2017> |
| (5) | Where the Minister of Science and ICT deems it necessary as technologies develop, he or she may correct and supplement a national technology map. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 19, 2014]
| Article 4 (Major Matters to Be Included in Master Plans for Science and Technology) |
"Other important matters prescribed by Presidential Decree concerning the advancement of science and technology" in Article 7 (3) 16 of the Act means the following: <Amended on Dec. 22, 2015; Jun. 28, 2022> | 1. | Matters concerning the expansion of the basis for science and technology, such as culture of science and technology; |
| 1-2. | Matters concerning the establishment, expansion, sophistication, management, operation, joint use and disposal of facilities and equipment for research and development based on science and technology; |
| 2. | Matters concerning the creation of and support for scientific research complexes; |
| 3. | Matters concerning policies on the management and protection of intellectual property rights; |
| 4. | Matters concerning the establishment of classification systems for the national science and technology standards; |
| 5. | Matters concerning the subsidization of funds necessary for technological innovations; |
| 6. | Matters concerning support for national standards-related policy. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 5 (Formulation of Implementation Plans) |
| (1) | The Minister of Science and ICT shall determine guidelines for establishing an annual implementation plan for the following year and guidelines for assessing outcomes of promotion for the year (hereinafter referred to as "guidelines for formulating implementation plans, etc.") to enable the heads of relevant administrative agencies to formulate and promote an annual implementation plan under Article 7 (4) of the Act, and inform the heads of relevant administrative agencies of the details by no later than October 31 of each year. <Amended on Mar. 28, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request the heads of relevant administrative agencies to submit necessary data, if necessary to develop guidelines for formulating implementation plans, etc. <Amended on Mar. 28, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The heads of the relevant administrative agencies shall formulate an implementation plan for each field under their jurisdiction and check the records of actual achievements according to the guidelines for formulating implementation plans, etc., and submit to the Minister of Science and ICT an implementation plan for the year and outcomes of promotion for the previous year by no later than January 15 of each year. <Amended on Mar. 28, 2011; Feb. 9, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Upon receiving implementation plans and outcomes of promotion pursuant to paragraph (3), the Minister of Science and ICT shall aggregate them in accordance with the master plan and inform the heads of relevant administrative agencies of implementation plans for the year and outcomes of promotion for the previous year by no later than March 15 of each year. <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where the head of any relevant administrative agency intends to revise important particulars of a finalized implementation plan, he or she shall pre-consult with the Minister of Economy and Finance and the Minister of Science and ICT and submit the revised implementation plan to the Presidential Advisory Council on Science and Technology prescribed in the Presidential Advisory Council on Science and Technology Act (hereinafter referred to as the "Presidential Advisory Council on Science and Technology"). <Amended on Mar. 28, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 17, 2018 |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 5-2 (Formulation of Mid- and Long-Term Investment Strategy for National Research and Development and Annual Implementation Plans) |
| (1) | Pursuant to Article 7-2 (1) of the Act, the Minister of Science and ICT shall formulate a mid- and long-term investment strategy for national research and development (hereinafter referred to as "mid- and long-term investment strategy") every five years at a frequency by which a master plan is formulated. |
| (2) | When the Minister of Science and ICT formulates a mid- and long-term investment strategy, he or she shall finalize it after deliberation by the Presidential Advisory Council on Science and Technology within 90 days from the date the master plan is finalized. |
| (3) | "Matters concerning the strategic investment of the budget for national research and development projects prescribed by Presidential Decree" in Article 7-2 (2) 4 of the Act means matters concerning strategic investment of the budget for projects in the following fields of research and development: |
| 1. | Areas relating to securing industrial and technical competitiveness, such as fostering growth engines, securing promising future technologies, facilitating the transfer and commercialization of technology, and establishing a system for expanding, managing, and utilizing scientific and technological knowledge and information resources; |
| 2. | Areas relating to improving the quality of life of the people by, such as resolving domestic economic and social issues and global problems, promoting local science and technology, and advancing scientific and technological culture; |
| 3. | Areas relating to creating an autonomous and risk-taking research environment, such as improving systems for promoting basic research, training human resources in science and technology, and enhancing innovative capabilities in science and technology; |
| 4. | Other areas in which any strategic investment of the budget for a national research and development project is deemed necessary by the Minister of Science and ICT. |
| (4) | The Minister of Science and ICT shall formulate an annual plan for implementing mid- and long-term investment strategies under Article 7-2 (3) of the Act (hereinafter referred to as "plan for implementing mid- and long-term investment strategies") and finalize it after deliberation by the Presidential Advisory Council on Science and Technology by January 31 each year. |
| (5) | The Minister of Science and ICT may request the head of a relevant central administrative agency to submit the results of implementation of the plan for implementing medium- and long-term investment strategies in the relevant year, if necessary for formulating a plan for implementing mid- and long-term investment strategies for the following year. |
| (6) | Where the Minister of Science and ICT requests the submission of records of performance of a plan for implementing medium- and long-term investment strategies pursuant to paragraph (4), he or she shall determine guidelines for the examination of the records of performance of the plan for implementing medium- and long-term investment strategies (hereinafter referred to as "guidelines for the examination of implementation results") and inform the heads of relevant central administrative agencies of said guidelines by September 30 of the relevant year. |
| (7) | The head of a relevant central administrative agency shall examine records of performance in accordance with the guidelines for the examination of implementation results referred to in paragraph (5) and submit such results to the Minister of Science and ICT by November 30 of the relevant year. |
| (8) | The Minister of Science and ICT may request agencies or organizations related to national research and development projects to submit necessary data for formulating mid- and long-term investment strategies and plans for implementing medium- and long-term investment strategies. |
[This Article Newly Inserted on Dec. 10, 2020]
| Article 6 (Formulation of Implementation Plans for Comprehensive Plans for Advancement of Local Science and Technology) |
| (1) | The provisions of Article 5 (1) through (4) shall apply mutatis mutandis to the formulation of annual implementation plans for the comprehensive plan for the advancement of local science and technology under Article 8 (3) of the Act and to submission of, and reporting on the records of actual achievements for the previous year. In such cases, "heads of the relevant administrative agencies" shall be construed as "heads of local governments" and "master plan" shall be construed as "comprehensive plan for the advancement of local science and technology under Article 8 (1) of the Act". <Amended on Mar. 28, 2011> |
| (2) | To ensure efficient formulation of, and review of the performance of, the comprehensive plan for the advancement of local science and technology and its annual implementation plans, the Minister of Science and ICT shall conduct a fact-finding survey on local science and technology and notify the heads of the relevant administrative agencies of the results thereof. <Newly Inserted on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT may, if necessary to conduct the fact-finding survey under paragraph (2), request the heads of the relevant administrative agencies to submit necessary materials. <Newly Inserted on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 7 (Functions of Advisory Organizations Specializing in Science and Technology) |
The head of a central administrative agency or the head of a local government may seek advice from an advisory organization specializing in science and technology under Article 8-4 (1) of the Act (hereinafter referred to as "advisory organization specializing in science and technology") about the following: | 1. | Matters concerning strategies for the development of science and technology and the direction-setting for policies of science and technology, for the innovation of science and technology and the development of information and human resources related to science and technology of central administrative agencies or local governments; |
| 2. | Matters concerning the improvement and repairing of systems in the fields of science and technology in central administrative agencies or local governments; |
| 3. | Other matters on which the head of a central administrative agency or the head of a local government deems it necessary to seek advice for the development of science and technology. |
[This Article Newly Inserted on Nov. 15, 2022]
| Article 8 (Organization and Operation of Central Advisory Organization Specializing in Science and Technology) |
| (1) | An advisory organization specialized in science and technology established in a central administrative agency (hereinafter referred to as "central advisory organization specializing in science and technology") shall be comprised of not more than 30 members, including one chairperson. |
| (2) | The chairperson of a central advisory organization specializing in science and technology shall be a person designated by the head of the relevant central administrative agency, from among public officials in charge of affairs concerning science and technology policies. |
| (3) | A person commissioned by the head of the relevant central administrative agency, from among the following persons, shall become members of the central advisory organization specializing in science and technology: |
| 1. | Persons recommended by the head of an science and technology-related institution or organization, from among its executive officers and employees; |
| 2. | Persons with extensive knowledge of and experience in the field of the science and technology industry. |
| (4) | A member commissioned pursuant to paragraph (3) shall hold office for a term of two years. |
| (5) | The head of a central administrative agency may dismiss its member commissioned pursuant to paragraph (3) in any of the following cases: |
| 1. | Where a member becomes incapable of performing his or her duties due to mental or physical disability; |
| 2. | Where a member commits misconduct in connection with his or her duties; |
| 3. | Where a member is deemed unsuitable for the position due to neglect of duties, injury to dignity, or any other reasons; |
| 4. | Where a member personally expresses that it is impracticable for him or her to perform his or her duties. |
| (6) | The chairperson shall convene meetings of a central advisory organization specializing in science and technology. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition and operation of a central advisory organization specializing in science and technology shall be determined and publicly notified by the head of a central administrative agency. |
[This Article Newly Inserted on Nov. 15, 2022]
| Article 9 (Composition and Operation of Local Advisory Organization Specializing in Science and Technology) |
Matters concerning the composition and operation of an advisory organization specializing in science and technology established within a local government (hereinafter referred to as "local advisory organization specializing in science and technology") shall be prescribed by municipal ordinance of the relevant local government in accordance with the following standards:
| 1. | A local advisory organization specializing in science and technology shall be comprised of not more than 30 members, including one chairperson; |
| 2. | The chairperson of a local advisory organization specializing in science and technology shall be selected from among public officials in charge of affairs concerning science and technology policies of the relevant local government; |
| 3. | The members of a local advisory organization specializing in science and technology shall be comprised of civilian members who have knowledge of and experience in the fields of science and technology; |
| 4. | Civilian members shall hold office for a period sufficient to ensure expertise in science and technology, taking into account the characteristics, etc. of the science and technology policies of local governments; |
| 5. | Grounds for the dismissal of civilian members shall be prescribed for the smooth operation of a local advisory organization specializing in science and technology; |
| 6. | Matters necessary for the operation of the meeting, such as the person authorized to convene a meeting of a local advisory organization specializing in science and technology and the procedures for convening the meeting, shall be determined. |
[This Article Newly Inserted on Nov. 15, 2022]
| Article 9-2 Deleted. <Apr. 17, 2018> |
| Article 9-3 Deleted. <Apr. 17, 2018> |
| Article 10 Deleted. <Apr. 17, 2018> |
| Article 11 Deleted. <Apr. 17, 2018> |
| Article 12 Deleted. <Apr. 17, 2018> |
| Article 13 Deleted. <Apr. 17, 2018> |
| Article 13-2 Deleted. <Feb. 29, 2008> |
| Article 13-3 Deleted. <Dec. 3, 2004> |
| Article 14 Deleted. <Feb. 29, 2008> |
| Article 14-2 Deleted. <Feb. 29, 2008> |
| Article 14-3 Deleted. <Dec. 3, 2004> |
| Article 15 Deleted. <Apr. 17, 2018> |
| Article 16 Deleted. <Apr. 17, 2018> |
| Article 17 Deleted. <Apr. 17, 2018> |
| Article 18 Deleted. <Apr. 17, 2018> |
| Article 19 Deleted. <Apr. 17, 2018> |
CHAPTER III CONDUCT OF RESEARCH AND DEVELOPMENT IN SCIENCE AND TECHNOLOGY
| Article 20 (Surveys and Analysis of National Research and Development Projects) |
| (1) | In order to perform surveys and analysis concerning national research and development projects pursuant to Article 12 (1) of the Act, the Minister of Science and ICT shall formulate a plan for a survey and analysis of national research and development projects (hereafter in this Article referred to as "survey and analysis plan") and notify it to the heads of the relevant central administrative agencies by no later than November 30 each year. <Amended on Jan. 9, 2013; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | A survey and analysis plan shall state the agency required to submit materials, target projects, materials to be submitted, a deadline for submission, etc. <Amended on Jan. 9, 2013> |
| 1. | Implementation plan (including plans for performance and matters concerning actual achievements) for national research and development projects for the relevant year; |
| 3. | Other materials determined by the Minister of Science and ICT in consultation with the heads of the relevant central administrative agencies. |
| (4) | The Minister of Science and ICT shall conduct surveys and analysis of national research and development projects based on the relevant survey and analysis plans and the materials submitted under paragraph (3). <Amended on Jan. 9, 2013; Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The Minister of Science and ICT shall build a database of the materials submitted under paragraph (3) and the outcomes of surveys and analysis performed under paragraph (4) and shall facilitate the efficient utilization thereof. <Amended on Jan. 9, 2013; Mar. 23, 2013; Jul. 26, 2017> |
| (6) | "National research and development projects in the fields of national defense, which are prescribed by Presidential Decree" in Article 12 (2) of the Act, means the projects determined by the Minister of Science and ICT after consultations with the Commissioner of the Defense Acquisition Program Administration. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
[Title Amended on Jan. 9, 2013]
| Article 21 (Allocation and Adjustment of Budget for National Research and Development Projects) |
| (1) | The opinions on the investment priority of national research and development projects under Article 12-2 (1) of the Act shall include the key investment approach employed by the relevant central administrative agency, priorities in major policy fields, direction for the improvement of relevant systems, etc. |
| (2) | The Minister of Science and ICT shall prepare the following matters and submit them to the Minister of Economy and Finance after deliberation by the Presidential Advisory Council on Science and Technology pursuant to Article 12-2 (5) of the Act: <Newly Inserted on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
| 1. | Formulation of objectives of national research and development projects and the details of adjustment of the fields in which investments are to be concentrated to achieve these objectives; |
| 2. | Size of investments by field of technology in the national research and development projects, the investment priority for each project in the relevant fields of technology, and the details of investment size adjustments; |
| 3. | Details of adjustment, such as division of roles in performing similar or overlapping projects among the relevant central administrative agencies to enhance investment efficiency in national research and development projects. |
| (3) | "Major national research and development projects prescribed by Presidential Decree" in Article 12-2 (5) 3 of the Act means the following projects, other than national research and development projects, etc. in the fields of humanities and social sciences and national research and development projects requiring a high level of security for national defense: <Amended on Mar. 28, 2011; Mar. 23, 2013; Jun. 30, 2016; Apr. 17, 2018> |
| 1. | Large-scale mid- and long-term national research and development projects covering a period of at least five years and implemented based on the master plan or plans established by the relevant central administrative agencies pursuant to statutes and regulations under their jurisdiction; |
| 2. | National research and development projects that require a high degree of professional and technical judgment among projects carried out for creation of future growth engines; |
| 3. | National research and development projects, aiming at acquisition of new knowledge, in the field of basic science and technology; |
| 4. | National research and development projects that require deliberation by the Presidential Advisory Council on Science and Technology for the improvement of investment efficiency, such as similar or overlapping projects of relevant central administrative agencies, projects for installation of research facilities and equipment, and research and development projects involving two or more central administrative agencies. |
| (4) | The Minister of Economy and Finance shall submit the results of budget formulation for national research and development projects to the Minister of Science and ICT, who in turn may present his or her opinion, if necessary. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The heads of the relevant central administrative agencies shall endeavor to ensure efficient investments in national research and development projects, taking into consideration the results of deliberation under Article 12-2 (5) of the Act, in conducting the national research and development projects under their jurisdiction. <Amended on Mar. 28, 2011; Mar. 23, 2013> |
[This Article Wholly Amended on Jul. 26, 2010]
[Title Amended on Mar. 23, 2013]
| Article 21-2 (Designation and Duties of Supporting Institution for Investment in Research and Development) |
| (1) | Where the Minister of Science and ICT designates an institution under Article 12-2 (6) of the Act specializing in professionally supporting the efficient formulation of the matters prescribed in the subparagraphs of paragraph (5) of that Article (hereafter in this Article referred to as "supporting institution for investment in research and development"), the Minister shall designate such institution from among research and development institutions under the National Research and Development Innovation Act for each field of national research and development projects. |
| (2) | When the Minister of Science and ICT designates a supporting institution for investment in research and development, the Minister shall publish such fact on the website of the Ministry of Science and ICT. |
| (3) | A supporting institution for investment in research and development shall perform the following affairs: |
| 1. | Supporting the formulation of long-term and short-term investment policies in the fields of the national research and development projects under its jurisdiction; |
| 2. | Supporting the analysis of budget projects for the allocation and adjustment of the research and development budget in the fields of the national research and development projects under its jurisdiction; |
| 3. | Preparation of in-depth reports on research and development outcomes and promising technologies in the fields of national research and development projects under its jurisdiction; |
| 4. | Other affairs to support the formulation of research and development strategies and investment directions in the fields of national research and development projects under its jurisdiction. |
| (4) | When a supporting institution for investment in research and development conducts the affairs prescribed in the subparagraphs of paragraph (3), it shall gather the opinions of enterprises, universities, research institutes, experts, etc. related to the fields of national research and development projects under its jurisdiction. |
| (5) | The Minister of Science and ICT shall support a supporting institution for investment in research and development so that it can build a cooperation system necessary for gathering opinions pursuant to paragraph (4). |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation procedures, operation, etc. of a supporting institution for investment in research and development shall be determined by the Minister of Science and ICT. |
[This Article Newly Inserted on Jun. 28, 2022]
[Previous Article 21-2 moved to Article 21-3 <Jun. 28, 2022>]
| Article 21-3 (Operation of the Consultation Committee on Budget for National Research and Development Projects) |
| (1) | The Minister of Economy and Finance and the Minister of Science and ICT shall operate a consultation committee to discuss matters concerning the allocation, adjustment, etc. of the budget for national research and development projects under Article 12-2 of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Economy and Finance and the Minister of Science and ICT shall inform the heads of the relevant central administrative agencies of the matters directly relating to the relevant agencies, among the results of the consultation under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Mar. 28, 2011]
[Moved from Article 21-2; Previous Article 21-3 moved to Article 21-4 <Jun. 28, 2022>]
| Article 21-4 (Submission of Opinions for Selection of Projects Subject to Preliminary Feasibility Studies) |
| (2) | The Minister of Science and ICT shall conduct technology evaluation of the national research and development projects pursuant to Article 12-3 (1) of the Act with a focus on the following: <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
| 1. | Necessity and urgency for technology development; |
| 2. | Specificity of project plans; |
| 3. | Similarities to or redundancy with existing projects; |
| 4. | Suitability of support from the national treasury; |
| 5. | Deleted; <Apr. 17, 2018> |
| 6. | Deleted. <Apr. 17, 2018> |
| (3) | Where the Minister of Economy and Finance selects a project to be subject to a preliminary feasibility study pursuant to Article 12-3 (2) of the Act, he or she shall inform the Minister of Science and ICT the results thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Mar. 28, 2011]
[Moved from Article 21-3 <Jun. 28, 2022>]
| Article 22 (Science and Technology Forecasting) |
| (1) | Deleted. <Nov. 19, 2014> |
| (2) | The Minister of Science and ICT shall forecast trends in development of science and technology and in the accompanying changes of future society (hereinafter referred to as "science and technology forecast") under Article 13 (1) of the Act every five years and reflect such results in every master plan. <Amended on Mar. 28, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of Science and ICT shall report the outcomes of the science and technology forecast to the Presidential Advisory Council on Science and Technology and make public announcement thereof. <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
| (4) | The science and technology forecast shall be entrusted to and conducted by the Korea Institute of Science and Technology Evaluation and Planning established under Article 20 of the Act (hereinafter referred to as the "Evaluation and Planning Institute"). |
| (5) | The heads of the relevant central administrative agencies may conduct science and technology forecasts or technology needs assessments concerning the fields under their jurisdiction, aside from the science and technology forecast prescribed in paragraph (2), where such forecast or assessment is made, they shall report the results thereof to the Presidential Advisory Council on Science and Technology and publicly announce the same. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (6) | The heads of the relevant central administrative agencies shall identify key technologies vital for enhancement of the nation’s competitiveness and development of the national economy based on the science and technology forecast or the technology needs assessment conducted under paragraph (2) or (5), and shall actively reflect them in national research and development projects under their jurisdiction. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 23 (Scope of and Procedures for Technology Assessment) |
| (1) | Technologies subject to the technology assessment under Article 14 (1) of the Act (hereinafter referred to as "technology assessment") shall be those that are determined by the Minister of Science and ICT in consultation with the heads of the relevant central administrative agencies and that are new future technology or technology with substantial technological, economic and social impacts and spillover effects, etc. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The technology assessment shall include the following: <Amended on Nov. 23, 2021> |
| 1. | Impact of the relevant technology on the enhancement of benefits to citizens and on the development of relevant industries; |
| 2. | Impact of the new science and technology on the economy, society, culture, ethics and the environment; |
| 3. | Measures to prevent adverse effects of the relevant technology, where the relevant technology has any potential adverse effect; |
| 4. | Impact of the nature and ripple effects of the relevant technology on characteristics, such as gender. |
| (3) | The Minister of Science and ICT shall conduct a technology assessment every year. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (4) | The Evaluation and Planning Institute shall conduct a technology assessment entrusted by the Minister of Science and ICT. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The President of the Evaluation and Planning Institute shall conduct a technology assessment and report the results thereof to the Minister of Science and ICT: Provided, That the technology assessment shall be conducted pursuant to Article 2 with increased participation of non-governmental experts, civic groups, etc. based on public opinions gathered. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Upon receiving the results of a technology assessment under paragraph (5), the Minister of Science and ICT shall report the details thereof to the Presidential Advisory Council on Science and Technology and notify them to the heads of the relevant central administrative agencies. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
| (7) | Upon receiving notification of the results of a technology assessment, the heads of the relevant central administrative agencies shall reflect these results in research planning regarding national research and development projects in the fields under their jurisdiction or shall establish and implement measures to minimize adverse effects. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (8) | The heads of the relevant central administrative agencies may conduct a technology assessment of the fields under their jurisdiction, and where they have done so, they shall report the results thereof to the Presidential Advisory Council on Science and Technology. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 24 (Technology Evaluation) |
| (1) | The head of a relevant central administrative agency may, in accordance with Article 14 (2) of the Act, conduct a technology evaluation of the fields under his or her jurisdiction in consultation with the heads of other relevant central administrative agencies, and where he or she has done so, he or she shall report the results thereof to the Presidential Advisory Council on Science and Technology. <Amended on Mar. 23, 2013; Apr. 17, 2018> |
| (2) | The Minister of Science and ICT shall biennially conduct a technology evaluation of the fields under his or her jurisdiction in consultation with the heads of the relevant central administrative agencies pursuant to Article 14 (2) of the Act, and where he or she has done so, he or she shall report the results thereof to the Presidential Advisory Council on Science and Technology. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 24-2 (Planning and Selection of and Support for Risk-Taking Research and Development Projects) |
| (1) | The head of a central administrative agency may plan, select, and support projects that require risk-taking in research and development (hereinafter referred to as "innovative, risk-taking research and development project") from among the national research and development projects under Article 11 of the Act in order to actively promote and support risk-taking in research and development and to create a culture that encourages risk-taking in research and development pursuant to Article 15-2 (1) and (2) of the Act. |
| (2) | The Minister of Science and ICT may, in consultation with the heads of relevant central administrative agencies, classify projects deemed to require risk-taking in research and development, from among the national research and development projects under Article 11 of the Act, as a group of innovative, risk-taking research and development projects. |
| (3) | Where the head of a central administrative agency intends to plan and select the national research and development projects which fall within a group of innovative, risk-taking research and development projects under paragraph (2), pursuant to paragraph (1), the Minister of Science and ICT may provide necessary support. |
| (4) | Where necessary to efficiently classify a group of innovative, risk-taking research and development projects under paragraph (2), the Minister of Science and ICT may organize and operate a public-private consultative body comprised of members of the Senior Executive Service among public officials of the relevant central administrative agencies and private experts who have extensive knowledge of the relevant research field or experience in the national research and development projects. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for the classification of a group of innovative, risk-taking research and development projects, and the organization and operation of a private-public consultative body shall be determined and publicly notified by the Minister of Science and ICT in consultation with the heads of relevant central administrative agencies. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 24-3 (Implementation of Methods of Competition on Innovative, Risk-Taking Research and Development Projects) |
| (1) | Where the head of a central administrative agency implements research and development pursuant to Article 15-2 (3) of the Act by allowing multiple research institutes or researchers to compete on the same research subject (hereinafter referred to as "method of competitive research"), he or she may select and implement the following methods: |
| 1. | Competition in the planning phase; |
| 2. | Competition in the research and development phase; |
| 3. | Competition through events, such as competitions or presentations; |
| 4. | Other methods of competition that the head of the central administrative agency determines for fair and efficient research. |
| (2) | With respect to research institutes or researchers participating in an innovative, risk-taking research and development project implemented by method of competitive research, the head of a central administrative agency may determine whether said research shall be continued or make differential payment of research and development expenses, taking into account the outcomes of the competition. |
| (3) | Where the head of a central administrative agency intends to implement an innovative, risk-taking research and development project by method of competitive research, he or she shall publicly announce the following matters in advance: |
| 1. | Specific objectives of the research and development project; |
| 2. | Detailed methods of competitive research; |
| 3. | Methods and criteria for the determination where he or she intends to determine whether the research shall be continued or to make differential payment of research and development expenses, taking into account the results of competition pursuant to paragraph (2); |
| 4. | Other matters deemed necessary by the head of the central administrative agency to implement the project by method of competitive research in a fair and efficient manner. |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters necessary for operating and managing a method of competitive research shall be determined and publicly notified by the Minister of Science and ICT in consultation with the heads of relevant central administrative agencies. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 24-4 (Implementation of Methods of Payment of Monetary Awards, such as Awards for Innovative, Risk-Taking Research and Development Projects) |
| (1) | Where the head of a central administrative agency intends to implement an innovative, risk-taking research and development project using the method of research and development under which payment of research and development expenses or a monetary award is made pursuant to Article 15-2 (4) of the Act (hereinafter referred to as "method of award-based research"), he or she shall publicly announce the following matters in advance: |
| 1. | Levels and details of the objectives of research and development; |
| 2. | The estimated period and cost of the research and development project; |
| 3. | Conditions for participation by research institutes or researchers; |
| 4. | Scope of payment of research and development expenses or monetary awards; |
| 5. | Methods of examining eligible beneficiaries of research and development expenses or monetary awards; |
| 6. | Other matters deemed necessary by the head of the central administrative agency to select eligible beneficiaries. |
| (2) | When necessary to implement an innovative, risk-taking research and development project using method of award-based research, the head of a central administrative agency may organize and operate a consultative body comprised of private experts. |
| (3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the standards, methods, procedures, etc. for the method of award-based research shall be determined and publicly notified by the Minister of Science and ICT in consultation with the heads of relevant central administrative agencies. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 24-5 (Budget Compilation of Mid- and Long-Term Innovative, Risk-Taking Research and Development Projects) |
| (2) | Upon receipt of the request from the head of the central administrative agency under paragraph (1), the Minister of Economy and Finance may request the Minister of Science and ICT to examine the appropriateness of the relevant request. |
[This Article Newly Inserted on Sep. 24, 2021]
[Previous Article 24-5 moved to Article 24-6 <Sep. 24, 2021>]
| Article 24-6 (Formulation of Plans for Discovering and Fostering Growth Engines) |
| (1) | In order to discover and foster growth engines based on science and technology pursuant to Article 16-5 of the Act, the Minister of Science and ICT shall formulate and implement a plan to discover and foster growth engines. <Amended on Jul. 26, 2017> |
| (2) | Where the Minister of Science and ICT formulates a plan to discover and foster growth engines, he or she shall hear the opinions of the heads of relevant central administrative agencies and the heads of economic organizations. <Amended on Jul. 26, 2017> |
| (3) | If necessary for formulating a plan to discover and foster growth engines, the Minister of Science and ICT may request heads of relevant central administrative agencies, heads of local governments, the heads of enterprises, educational institutions or research institutes, or the heads of institutions and organizations related to science and technology to submit necessary data. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 19, 2014]
[Moved from Article 24-5; previous Article 24-6 moved to Article 24-7 <Sep. 24, 2021>]
| Article 24-7 (Resolving Social Issues by Utilizing Science and Technology) |
| (1) | In order to resolve social issues by utilizing science and technology pursuant to Article 16-6 (1) of the Act, the Minister of Science and ICT shall formulate a comprehensive plan to resolve social issues based on science and technology reflecting relevant policies, projects, etc. of relevant central administrative agencies (hereinafter referred to as "comprehensive plan") every five years and finalize the plan following deliberation by the Presidential Advisory Council on Science and Technology. <Amended on Jul. 26, 2017; Apr. 17, 2018> |
| (2) | A comprehensive plan shall contain the following matters: |
| 1. | Matters concerning the facilitation of research and development projects to resolve social issues; |
| 2. | Matters concerning dissemination of the outcomes of research and development projects to resolve social issues, such as the establishment of service delivery channels, measures for creating government-led solutions in the fields in which a private sector-led solution is unfeasible or unsatisfactory; |
| 3. | Matters concerning the improvement of systems or regulations for resolving social issues; |
| 4. | Matters concerning raising awareness of people, researchers, etc. for resolving social issues; |
| 5. | Other matters concerning resolving social issues. |
| (3) | Where necessary to formulate a comprehensive plan, the Minister of Science and ICT may request the heads of relevant central administrative agencies, heads of local governments, the heads of enterprises, educational institutions, or research institutes, or the heads of institutions and organizations related to science and technology to submit necessary data. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 19, 2014]
[Moved from Article 24-6 <Sep. 24, 2021>]
| Article 25 (Collaborative Planning of National Research and Development Projects) |
| (1) | In order to facilitate collaborative research and development pursuant to Article 17 (1) of the Act and to enhance the efficiency of investment in research and development, the Minister of Science and ICT may designate projects requiring collaborative planning between the relevant central administrative agencies (hereinafter referred to as "planned collaborative projects") in consultation with the heads of the relevant central administrative agencies, from among the national research and development projects involving two or more central administrative agencies. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The heads of the relevant central administrative agencies shall jointly set up a project implementation plan for the planned collaborative projects designated pursuant to paragraph (1). |
| (3) | Matters concerning the selection and operation of the planned collaborative projects under paragraph (1) shall be determined and publicly announced by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 28, 2011]
| Article 26 (Inter-Korean Exchanges and Cooperation in Science and Technology) |
| (1) | In order to facilitate inter-Korean exchanges and cooperation in the fields of science and technology pursuant to Article 19 of the Act, the Minister of Science and ICT shall formulate and implement a plan for inter-Korean exchanges and cooperation in science and technology that reflects the details of the master plan (hereinafter referred to as "exchange and cooperation plan") in consultation with the heads of the relevant administrative agencies, including the Minister of Unification and the Director of the National Intelligence Service. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | An exchange and cooperation plan shall include the following matters: |
| 1. | Direction for exchanges and cooperation in science and technology; |
| 2. | Joint research in science and technology, exchanges of human resources and information on science and technology, and development of scientific and technological culture; |
| 3. | Other important matters concerning inter-Korean exchanges and cooperation in the fields of science and technology. |
| (3) | A specialized institution prescribed in Article 19 (3) of the Act (hereafter in this Article referred to as "specialized institution") shall be designated by the Minister of Science and ICT, after receiving applications from the following institutions, corporations or organizations: <Amended on Jun. 24, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 2. | The Korea Foundation for the Advancement of Science and Creativity established under Article 30-2 (1) of the Act (hereinafter referred to as the "Korea Foundation for the Advancement of Science and Creativity"); |
| 3. | Non-profit corporations, organizations or research institutes relating to research on South-North unification; |
| 4. | Corporations or organizations falling under the subparagraphs of Article 49. |
| (4) | A person who desires to be designated as a specialized institution under paragraph (3) shall submit an application prescribed by Ordinance of the Ministry of Science and ICT to the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (5) | The head of a specialized institution designated under paragraph (3) shall submit its business plan and fund execution plan for the relevant year, and the records of actual achievements for the previous year (if applicable) concerning exchange and cooperation plans to the Minister of Science and ICT by no later than January 31 each year. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT has designated a specialized institution, he or she shall publicly announce the following matters in the official gazette: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Name and address of the specialized institution; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of duties. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 27 (Affairs of Korea Institute of Science and Technology Evaluation and Planning) |
| (1) | "National research and development projects prescribed by Presidential Decree" in Article 20 (4) 6 of the Act means the projects to which the Minister of Science and ICT fully or partially subsidizes expenses incurred in performing the projects. <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Evaluation and Planning Institute wishes to obtain government contributions under Article 20 (6) of the Act, it shall submit to the Minister of Science and ICT an application for contributions, along with the following documents by no later than April 30 each year: <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Jan. 5, 2021> |
| 1. | A business plan for a subsequent year; |
| 2. | An estimated statement of financial position sheet and income statement for a subsequent year; |
| 3. | Other documents necessary for filing of a request for Government contributions. |
[This Article Wholly Amended on Jul. 26, 2010]
CHAPTER IV EXPANSION OF INVESTMENTS IN SCIENCE AND TECHNOLOGY AND OF HUMAN RESOURCES
| Article 28 (Recommendations for Encouraging Public Institutions to Invest in Research and Development) |
The Minister of Science and ICT may annually determine the size of investment in research and development for the following institutions, and recommend them to invest such amount in the research and development fields relating to the relevant projects: <Amended on Mar. 23, 2013; Jul. 26, 2017>
| 2. | Institutions determined by the Minister of Science and ICT as the planner or implementer of any project with high-level application of advanced science and technology and with the potential to generate obvious industrial and economic spillover effects, among large-scale projects implemented by the State. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 28-2 (Request for Submission of Materials on the Amount of Mid- and Long-Term Investment in Research and Development) |
The Minister of Science and ICT may request the heads of the relevant central administrative agencies to provide materials concerning the amount of mid- and long-term investment in research and development required for establishing the Government’s target levels of investment in research and development and an action plan therefor to be reflected in the master plan pursuant to Article 21 (2) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Newly Inserted on Mar. 28, 2011]
| Article 29 (Opening of Fund Account) |
| (1) | The Minister of Science and ICT shall open a fund account in the Bank of Korea in order to ensure transparency of revenue and expenditures from the Science and Technology Promotion Fund under Article 22 of the Act (hereinafter referred to as the “Fund”). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may use up to 10/100 of the operating funds of the Fund for the purposes provided in Article 22 (3) 3 of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 30 (Funds for the Science and Technology Promotion Fund) |
"Revenues prescribed by Presidential Decree" in Article 22 (2) 8 of the Act shall be as follows: <Amended on Jun. 24, 2011; Oct. 25, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> | 1. | Money transferred from other accounts and Funds; |
| 2. | Profit from the operation of assets in kind; |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 31 (Uses of the Science and Technology Promotion Fund) |
| (1) | "Contributions, investments or loans prescribed by Presidential Decree" in Article 22 (3) 2 of the Act means the following purposes: |
| 1. | Contributions to universities and research institutes; |
| 2. | Contributions to, investments in or loans to enterprises. |
| (2) | Matters necessary for extension of loans, including interest rates for the loans referred to in paragraph (1) 2, shall be prescribed by the Minister of Science and ICT after consultation with the Minister of Economy and Finance. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
[Moved from Article 30-2 <Jul. 26, 2010>]
| Article 32 (Development of Fund Operation Plans) |
| (1) | The Minister of Science and ICT shall develop a Fund operation plan containing the following matters for each fiscal year: <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Matters concerning Fund revenues and expenditures; |
| 2. | Matters concerning Fund use plans; |
| 3. | Other matters deemed necessary for the operation of the Fund by the Minister of Science and ICT. |
| (2) | Fund operation plans under paragraph (1) shall be approved by the President after deliberation by the State Council. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 33 (Fund Accounting Agency) |
| (1) | The Minister of Science and ICT shall appoint a Fund revenue collection officer, a Fund financial officer, a Fund disbursement officer and a Fund accounting official from among public officials under his or her control to conduct the affairs concerning Fund revenues and expenditures. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Matters concerning the appointment of an accounting agency and the notification thereof to the agency entrusted with the affairs of the Fund operation and management under Article 34 shall be prescribed by Ordinance of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 34 (Entrustment of Affairs concerning Fund Operation and Management) |
The Minister of Science and ICT shall entrust the National Research Foundation of Korea established under the National Research Foundation of Korea Act (hereinafter referred to as the "National Research Foundation of Korea") with the affairs concerning the operation and management of the Fund pursuant to Article 22 (4) of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended on Jul. 26, 2010]
| Article 34-2 (Reporting and Disclosure of Information on Fund) |
| (1) | The President of the National Research Foundation of Korea shall report, to the Minister of Science and ICT, detailed monthly Fund operation results, including the operating status of the Fund entrusted pursuant to Article 34, selection of recipients of support from the Fund and provision of support, by the twentieth day of the month immediately following the last month of each quarter. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT shall disclose detailed Fund operation results reported under paragraph (1) at least once every six months. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Newly Inserted on Jul. 26, 2010]
| Article 35 (Operation of Fund Surplus) |
The Minister of Science and ICT, may operate surplus Fund as follows: <Amended on No. 22493, Nov. 15, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 26, 2010]
| Article 36 (Detailed Fund Operating Rules) |
Except as otherwise provided in this Decree and Ordinance of the Ministry of Science and ICT, matters necessary for the operation, management, etc. of the Fund shall be prescribed by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 26, 2010]
| Article 37 (Training and Utilization of Human Resources in Science and Technology) |
| (1) | The Minister of Science and ICT shall formulate a forecast for mid- and long-term demand for and supply of human resources in science and technology every three years pursuant to Article 23 (1) 1 of the Act. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The Minister of Science and ICT may request relevant central administrative agencies, research institutes, universities, and companies that participated in national research and development projects, etc. to submit necessary data to formulate a supply and demand forecast under paragraph (1). <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (3) | Institutions designated and publically announced by the Minister of Science and ICT from among following institutions shall become the institutions conducting technical training and further education for human resources in science and technology prescribed in Article 23 (3) of the Act: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Korea Institute of Science and Technology Evaluation and Planning established pursuant to Article 20 of the Act; |
| 2. | Other institutions deemed by the Minister of Science and ICT to be equipped with capabilities of conducting education of human resources in science and technology. |
| (4) | Institutions conducting technical training and further education for human resources in science and technology designated pursuant to paragraph (3), shall submit a plan for technical training and further education, including details of education and conducting methods to the Minister of Science and ICT by no later than January 31 every year. <Newly Inserted on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 38 (Training and Utilization of Female Scientists and Engineers) |
| (1) | The Minister of Science and ICT shall devise schemes to train and utilize female scientists and engineers pursuant to Article 24 of the Act by hearing the opinions of the heads of the relevant central administrative agencies. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | The schemes under paragraph (1) shall include the following matters: |
| 1. | Matters concerning the planning and promotion of research and development projects relating to improvement of the competitiveness of female scientists and engineers; |
| 2. | Matters concerning boosting the morale of female scientists and engineers; |
| 3. | Matters concerning increase in employment of female scientists and engineers; |
| 4. | Matters concerning fostering of female science and technology organizations; |
| 5. | Matters concerning support for the agencies that train and utilize female scientists and engineers; |
| 6. | Other important matters concerning training and utilization of female scientists and engineers. |
| (3) | A policy advisory organization for female scientists and engineers may be established under the Minister of Science and ICT in order to provide advice requested by the said Minister. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 39 (Discovery and Fostering of Scientific Talents) |
| (1) | The Minister of Science and ICT shall formulate plans for the discovery and fostering of scientific talents under Article 25 of the Act after hearing the opinions of the heads of the relevant central administrative agencies, and shall reflect them in the comprehensive plans for special education for brilliant children formulated under Article 3 (1) 1 of the Gifted Education Promotion Act for Brilliant Children. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| (2) | Plans for the discovery and fostering of scientific talents referred to in paragraph (1) shall include the following matters: |
| 1. | Objectives of and direction for the discovery and fostering of scientific talents; |
| 2. | Establishment or designation and utilization of educational institutions for scientific talents; |
| 3. | Schemes for building linked operational systems between educational institutions for scientific talents; |
| 4. | Development of programs relating to the fostering of scientific talents. |
| (3) | An agency to provide specialized support for the early discovery and fostering of scientific talents pursuant to Article 25 (2) of the Act (hereafter in this Article referred to as "specialized institution") shall be designated by the Minister of Science and ICT from among any of the following institutions, corporations or agencies: <Amended on Jun. 24, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The Korea Foundation for the Advancement of Science and Creativity; |
| (4) | Matters necessary for the designation of the specialized institutions shall be prescribed and publicly announced by the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
CHAPTER V STRENGTHENING SCIENTIFIC AND TECHNOLOGICAL BASIS AND CREATION OF INNOVATIVE ENVIRONMENT
| Article 40 (Establishment of Management and Distribution Systems for Knowledge and Information regarding Science and Technology) |
| (1) | Knowledge and information in science and technology as well as national research and development projects to be produced, distributed, managed and utilized under Article 26 (1) of the Act, shall include domestically or internationally gathered information, academic journals and science and technological journals in the fields of science and technology, tasks relating to national research and development projects, information on relevant research outcomes, evaluation and coordination, technological and industrial information, patent information, information on human resources, facilities and equipment for research and development, information on technology transfer and practical use and information on the establishment of technology-intensive companies, etc. <Amended on Jan. 9, 2013; Nov. 19, 2014> |
| (3) | In order to ensure the efficient management and distribution of knowledge and information regarding science and technology, as well as national research and development projects, the Minister of Science and ICT may request the heads of central administrative agencies, heads of local governments, heads of enterprises, educational institutions or research institutes and heads of institutions and organizations related to science and technology to submit necessary materials therefor. <Amended on Mar. 28, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The heads of the relevant central administrative agencies shall formulate necessary measures to ensure evaluation of the value of knowledge and information regarding science and technology, as well as national research and development projects in the fields under their jurisdiction and appropriate protection of such knowledge and information. |
| (5) | A support agency referred to in Article 26 (3) of the Act (hereafter in this Article and Article 41 referred to as "support agency") means the Korea Institute of Science and Technology Information established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as the "Korea Institute of Science and Technology Information"): Provided, That the Minister of Science and ICT may separately designate a support agency from among the institutions, corporations, or organizations referred to in any subparagraph of Article 26 (3), or institutions specialized in the planning and management of research and development projects, with respect to the fields of information, such as the results of surveys, analysis and evaluations of national research and development projects prescribed in Article 12 of the Act, information regarding budget allocation and adjustment for national research and development projects prescribed in Article 12-2 (5) 3 of the Act, information regarding research and development facilities and equipment, industrial information, technology transfer information, patent information, weather information, atomic energy information that are the fields of information deemed efficient if managed and distributed by separate specialized agencies, in consultation with the heads of the relevant central administrative agencies. <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Jul. 26, 2017> |
| (6) | Where the Minister of Science and ICT has designated a support agency under the proviso of paragraph (5), he or she shall publicly announce the following matters in the Official Gazette: <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Name and address of the support agency; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of support affairs. |
| (7) | The heads of support agencies shall submit to the Minister of Science and ICT the business plans and fund execution plans for the relevant year, and the records of actual performance for the previous year, with respect to the management and distribution of knowledge and information regarding science and technology, as well as national research and development projects by no later than January 31 each year. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| (8) | Support affairs to be performed by the Korea Institute of Science and Technology Information under Article 26 (3) of the Act shall be as follows: <Amended on Mar. 28, 2011> |
| 1. | Comprehensive collection and analysis of knowledge and information relating to domestic or overseas science and technology; |
| 2. | Buildup, interconnection and joint use of databases containing knowledge and information on science and technology; |
| 3. | Building up of the distribution system and the comprehensive management system for knowledge and information on science and technology; |
| 4. | Standardization for the joint use of knowledge and information in science and technology; |
| 5. | Provision of support to the formulation of comprehensive implementation policies and plans designed to facilitate the management and distribution of knowledge and information in science and technology; |
| 6. | Other matters necessary for facilitating science and technology informatization. |
| (9) | The heads of support agencies shall submit the actual results of performing the assigned affairs, to the Minister of Science and ICT, by the tenth day of the month immediately following the last month of each quarter. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 40-2 (Inspection and Analysis of Statistics and Indexes of Science and Technology) |
| (1) | The statistics and indexes of science and technology prescribed in Article 26-2 (1) of the Act, to be inspected and analyzed shall be as follows: |
| 1. | Matters concerning activities and outcomes of research and development of science and technology at home and abroad; |
| 2. | Matters concerning technology trade. |
| (2) | Statistics and indicators of science and technology for the analysis of differences according to gender and other characteristics pursuant to Article 26-2 (3) of the Act shall be as follows: <Newly Inserted on Nov. 23, 2021> |
| 1. | Statistics and indicators related to researchers by major; |
| 2. | Statistics and indicators related to researchers by industry; |
| 3. | Statistics and indicators related to researchers for each entity performing the research; |
| 4. | Statistics and indicators related to researchers by field of research and development; |
| 5. | Other statistics and indicators for which it is deemed necessary to conduct character analysis, such as gender. |
| (2) | "Such materials as prescribed by Presidential Decree" in the former part of Article 26-2 (5) of the Act means the materials related to the payment and receipt of price of technology exported and imported. <Amended on Nov. 23, 2021> |
| (4) | The inspection of statistics and indexes of science and technology prescribed in paragraph (1) shall be conducted by field inspection, inspection of documents, survey, etc., and electronic means, such as information and communications, email, may be used. <Amended on Nov. 23, 2021> |
[This Article Newly Inserted on Nov. 19, 2014]
| Article 41 (Establishment of National Science and Technology Standard Classification System) |
| (2) | The President of the Evaluation and Planning Institute shall develop a plan for creation of science and technology standard classification tables in an effort to establish the national science and technology standard classification system and shall notify it to the heads of respective support agencies engaged in research planning, evaluation and management for national research and development projects. |
| (3) | Upon receiving notification of the plan under paragraph (2), the heads of respective support agencies shall prepare science and technology standard classification tables in the fields under their jurisdiction and submit them to the President of the Evaluation and Planning Institute. |
| (4) | The President of the Evaluation and Planning Institute shall prepare a draft of the National Standard Classification Table for Science and Technology after compiling a science and technology standard classification table for each field submitted under paragraph (3) based on opinions gathered from the academic circles and organizations relating to science and technology and the Presidential Advisory Council on Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Science and ICT shall prepare the National Standard Classification Table for Science and Technology based on the draft submitted under paragraph (4), finalize and make public announcement thereof after deliberation by the Presidential Advisory Council on Science and Technology. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Apr. 17, 2018> |
| (6) | The Minister of Science and ICT shall research and analyze trends in science and technology classifications in developed countries, and revise and improve the National Standard Classification Table for Science and Technology every five years, in consideration of emergence of new technologies. <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Jul. 26, 2017> |
| (7) | The heads of the relevant central administrative agencies shall fully utilize the National Standard Classification Table for Science and Technology finalized under paragraph (5) in performing the following duties: |
| 1. | Research planning, evaluation and management for national research and development projects; |
| 2. | Science and technology forecast and evaluation on technological levels; |
| 3. | Management and distribution of knowledge and information relating to science and technology. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 42 (Pursuing Establishment, Expansion and Sophistication of Facilities and Equipment for Research and Development) |
| (1) | The heads of the relevant central administrative agencies shall periodically conduct surveys on the current status of facilities and equipment for research and development in order to efficiently facilitate the establishment, expansion, and sophistication, and management, operation, joint use and disposal (hereinafter referred to as “establishment, operation, etc.”) of facilities and equipment for research and development pursuant to Article 28 (1) of the Act. <Amended on Dec. 22, 2015; Jun. 28, 2022> |
| (2) | The heads of the relevant central administrative agencies shall formulate the following plans based on findings from surveys conducted under paragraph (1) and shall reflect them in the mid- and long-term plans for national research and development projects: <Amended on Dec. 22, 2015; Jun. 28, 2022> |
| 1. | Plans for establishment and expansion of the facilities and equipment for research and development, required for the relevant research and development projects; |
| 2. | Plans for management, operation and joint use of facilities and equipment for research and development; |
| 3. | Plans for sophistication of facilities and equipment for research and development; |
| 4. | Plans for disposal of facilities and equipment for research and development. |
| (3) | The heads of the relevant central administrative agencies shall build efficient utilization systems for the facilities and equipment for research and development, such as operation of equipment cluster and the promotion of its joint use. |
| (4) | The Minister of Science and ICT shall take the following measures concerning plans referred to in each subparagraph of paragraph (2), and efficient utilization systems for the facilities and equipment for research and development referred to in paragraph (3), after consultation with the heads of the relevant central administrative agencies: <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Dec. 22, 2015; Jul. 26, 2017; Jun. 28, 2022> |
| 1. | Formulation of plans for establishment, expansion, sophistication, etc. of the facilities and equipment for research and development: In such cases, the heads of the relevant central administrative agencies shall compile the plans formulated pursuant to paragraph (2) and the utilization systems built up pursuant to paragraph (3); |
| 2. | Establishment and operation of a comprehensive information system for facilitating the management, operation and joint use of the facilities and equipment for research and development: In such cases, the Minister of Science and ICT shall determine and publicly notify the details concerning the establishment, operation, etc. of the comprehensive information system. |
| (5) | The heads of relevant administrative agencies may fully or partially subsidize expenses incurred by universities, research institutes and companies in establishment, expansion and operation of the facilities and equipment for research and development. <Amended on Jun. 28, 2022> |
| (6) | Where the Minister of Science and ICT designates an institution to support the establishment, expansion, sophistication, etc. of the facilities and equipment for research and development under Article 28 (2) of the Act (hereafter in this Article referred to as "supporting institution for research and development facilities, etc."), the Minister shall designate one, from among the following corporations: <Amended on Mar. 28, 2011; Jan. 9, 2013; Mar. 23, 2013; Dec. 22, 2015; Jul. 26, 2017; Jun. 28, 2022> |
| (7) | Where the Minister of Science and ICT has designated a supporting institution for research and development facilities, etc., the Minister shall publicly announce the following matters in the Official Gazette: <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Jun. 28, 2022> |
| 1. | Name and address of the supporting institution for research and development facilities, etc.; |
| 2. | Date and effective period of designation; |
| 3. | Types and scope of duties. |
| (8) | A supporting institution for research and development facilities, etc. shall perform duties concerning the following matters: <Amended on Dec. 22, 2015; Jun. 28, 2022> |
| 1. | Matters concerning provision of support with regard to the development of an efficient operation and management scheme for the facilities and equipment for research and development; |
| 2. | Matters concerning provision of support with regard to the needs assessment, fact-finding surveys and analyses of the facilities and equipment for research and development; |
| 3. | Matters concerning facilitation of the production, distribution, management and utilization of information on the facilities and equipment for research and development; |
| 4. | Matters necessary to support the formulation and execution of policies relevant to establishment, operation, etc. of the facilities and equipment for research and development; |
| 4-2. | Matters necessary to facilitate the nurturing of human resources relevant to establishment, operation, etc. of the facilities and equipment for research and development; |
| 4-3. | Matters necessary to facilitate the development of the facilities and equipment for research and development and to support growth of the relevant industry; |
| 5. | Matters concerning provision of support with regard to creation of a road map for the facilities and equipment for research and development; |
| 6. | Matters concerning standardization of the facilities and equipment for research and development; |
| 7. | Other matters necessary for the establishment, expansion, etc. of the facilities and equipment for research and development. |
| (9) | The head of a supporting institution for research and development facilities, etc. shall submit business plans for the relevant year and records of actual performance for the previous year with respect to the affairs prescribed in paragraph (8) to the Minister of Science and ICT by no later than January 31 of each year. <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017; Jun. 28, 2022> |
[This Article Wholly Amended on Jul. 26, 2010]
[Title Amended on Jun. 28, 2022]
| Article 42-2 (Subjects of Standard Guidelines and Establishment Procedures Thereof) |
| (1) | The standard guidelines under Article 28 (3) of the Act (hereinafter referred to as “standard guidelines”) shall apply to the management and operation, and joint use and disposal of the facilities and equipment for research and development which have been, or will be, established or expanded through projects supported by a central administrative agency’s budget or funds for purposes of research and development of science and technology. <Amended on Jun. 28, 2022> |
| (2) | Where it is deemed necessary for the management and operation, and joint use and disposal of the facilities and equipment for research and development for national defense or national security, the Minister of Science and ICT may not apply the standard guidelines in consultation with the heads of the relevant central administrative agency notwithstanding paragraph (1). <Amended on Jul. 26, 2017> |
| (3) | To monitor performance relating to the management, operation and joint use and disposal of the facilities and equipment for research and development under paragraph (1), the Minister of Science and ICT shall conduct a fact-finding survey every year and notify the heads of the relevant administrative agency of its result. In such cases, he or she may request the heads of the relevant administrative agency to submit necessary materials. <Amended on Jul. 26, 2017> |
| (4) | If necessary for the establishment of the standard guidelines, the Minister of Science and ICT may request the heads of the relevant administrative agencies, heads of enterprises, educational institutions or research institutes, heads of institutions and organizations related to science and technology to submit necessary materials. The same shall also apply where it is necessary to amend the standard guidelines. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 22, 2015]
| Article 43 (Creation of and Support for Science Research Complexes) |
| (1) | A science research complex under Article 29 of the Act (hereinafter referred to as "science research complex") shall be created according to the procedures for designation and development of national industrial complexes, general industrial complexes or urban high-tech industrial complexes designated under the Industrial Sites and Development Act. |
| (2) | For innovation of national science and technology and promotion of local science and technology, the Minister of Science and ICT may designate a science research complex, after consultation with the heads of the relevant central administrative agencies, primarily, in areas in which at least two of the following agencies are located: <Amended on Jun. 24, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| 2. | Universities, industrial colleges, junior colleges, and technical colleges established under the Higher Education Act; |
| 3. | National and public research institutes; |
| (3) | The heads of the relevant central administrative agencies shall provide support, with priority, for the following matters, to universities, research institutes, companies, etc. located within the science research complexes designated under paragraphs (1) and (2) (hereinafter referred to as "occupant institutions"): <Amended on Nov. 19, 2014> |
| 2. | Support for scientific and technological innovation in the private sector under Article 16 of the Act; |
| 2-2. | Dissemination of research and development outcomes, and transfer and commercialization of technologies under Article 16-3 of the Act; |
| 4. | Facilitation of internationalization of science and technology, including conducting international collaborative research under Article 18 of the Act; |
| 7. | Establishment of a system for the management and distribution of knowledge and information in science and technology as well as national research and development projects under Article 26 of the Act; |
| 9. | Other matters deemed necessary to increase exchanges and cooperation among occupant institutions. |
| (4) | Where the heads of the relevant central administrative agencies provide support to science research complexes under paragraph (3), they shall provide support appropriate for the conditions of each science research complex in comprehensive consideration of progress in establishing a science research complex, the number of occupant institutions, their characteristics, the level of their innovative activities in science and technology, and other similar matters. |
| (5) | The head of a local government who intends to obtain a subsidy prescribed in Article 29 (2) of the Act shall submit to the head of the relevant central administrative agency an application for subsidy, along with the following documents by no later than April 30 each year: |
| 1. | Development plan for a science research complex; |
| 2. | Statements on project requirements; |
| 3. | Other documents necessary for the request for a subsidy budget. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 44 (Granting of Contributions) |
| (1) | Where the institutions or organizations falling under the subparagraphs of Article 30 (2) of the Act (hereinafter referred to as "institutions, etc.") and the corporations or organizations prescribed in Article 33 (3) of the Act (hereinafter referred to as "corporations, etc."), intend to obtain the contribution or subsidy prescribed in Articles 30 (3), 30-2 (5), and 33 (2) of the Act, they shall submit requests for government budget for the following year to the Minister of Education (limited to expenses incurred by the institutions or organizations in performing projects under Article 30 (3) of the Act in cases of a request to the Minister of Education; hereafter in this Article the same shall apply) or to the Minister of Science and ICT by no later than April 30 each year together with the following documents: <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 19, 2014; Jul. 26, 2017; Jan. 5, 2021> |
| 1. | A business plan for a subsequent year; |
| 2. | An estimated statement of financial position and income statement for a subsequent year; |
| 3. | Other documents required for a request for budget. |
| (2) | Where institutions, etc. or corporations, etc. intend to obtain contributions or subsidies, they shall submit an application therefor to the Minister of Education or the Minister of Science and ICT, along with quarterly business plans and quarterly budget execution plans. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the quarterly business plans and quarterly budget execution plans are deemed reasonable, the Minister of Education or the Minister of Science and ICT shall grant contributions or subsidies accordingly. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Upon receiving government contributions or subsidies, institutions, etc. or corporation, etc. shall quarterly report actual business performance to the Minister of Education or the Minister of Science and ICT. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Upon receiving government contributions or subsidies, institutions, etc. or corporations, etc. shall submit a statement of settlement of revenue and expenditure accounts for each business year to the Minister of Education or the Minister of Science and ICT by no later than March 31 of the following year, along with the following documents: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 5, 2021> |
| 1. | Business performance report for the relevant year with comparison to the business plans; |
| 2. | Statement of financial position and income statement for the relevant year; |
| 3. | Other documents required for settlement of accounts. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 45 (Gratuitous Transfer of State Property) |
| (1) | The gratuitous transfer or loan of State property prescribed in Article 30-2 (6) of the Act shall be governed by a contract between the managing authority of the relevant State property and the Korea Foundation for the Advancement of Science and Creativity. <Amended on Nov. 19, 2014> |
| (2) | Where the Korea Foundation for the Advancement of Science and Creativity has used State property gratuitously transferred or loaned under paragraph (1) for purposes other than those for the relevant transfer or loan, the managing authority of State property may terminate or revoke the relevant transfer or loan contract. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 46 (Support for Practical Use of Research and Development Outcomes) |
The heads of the relevant central administrative agencies may provide the following support in order to facilitate the practical use of research and development outcomes pursuant to Article 31 (3) of the Act: | 1. | Support for the operation of a department in exclusive charge of facilitating the practical use by national or public research institutes, universities and government-funded research institutes (hereinafter referred to as "research institutes, etc."); |
| 2. | Fostering technology start-up fosterage centers with the purpose of providing support for facilities, places, technologies, information, etc. to a founder in order to promote and foster the start-up of technology-intensive companies; |
| 3. | Loan mediation of start-up funds and management consulting; |
| 4. | Support for technology, information, facilities, sites and equipment retained by research institutes, etc.; |
| 5. | Reduction of or exemption from the royalties incurred by technological implementation of the industrial property rights, etc. retained by research institutes, etc. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 47 (Registration of Scientists and Engineers) |
| (1) | The Minister of Science and ICT shall entrust the following institutions with registration of scientists and engineers under Article 31 (4) of the Act: <Amended on Mar. 28, 2011; Mar. 23, 2013; Jul. 26, 2017> |
| 1. | The National Research Foundation of Korea; |
| 2. | The Planning and Evaluation Institute; |
| 3. | The Korea Foundation for the Advancement of Science and Creativity; |
| 4. | The Korea Institute of Science and Technology Information; |
| (2) | Persons eligible for registration as scientists and engineers under Article 31 (4) of the Act shall be the following persons: |
| 1. | Persons who hold master's or higher degrees in science and engineering from Korean or foreign universities, or persons who have expertise equivalent to or higher than such degrees and who are conducting or have conducted research and development activities; |
| 2. | Persons who have received an award in science and technology fields hosted or sponsored by the Government, or who have received an award at an international academic convention. |
| (3) | A person who desires to be registered as scientist and engineer among those falling under any subparagraph of paragraph (2) shall submit an application for registration, stating the following matters, to an institution entrusted by the Minister of Science and ICT under paragraph (1): <Amended on Mar. 23, 2013; Jul. 26, 2017> |
| 1. | Personal details and the principal place of work; |
| 2. | Matters concerning education, academic degrees and qualifications; |
| 3. | Matters concerning career history and major activities relating to science and technology; |
| 4. | Matters concerning research performance, award and decoration and acquisition of intellectual property rights; |
| 5. | Other matters concerning major research activities determined by the Minister of Science and ICT. |
| (4) | Upon receiving an application for registration, the institution entrusted under paragraph (1) shall notify the applicant and the head of the relevant central administrative agency of whether he or she is granted the registration as scientist and engineer, and shall compile into a database, and manage, the registered information. |
| (5) | Upon receiving a notice of registration under paragraph (4), the head of the relevant central administrative agency shall take necessary measures to promote preferential treatment and expand job opportunities for the registered scientist and engineers and increase their participation in the utilization and exchange of human resources, etc. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 48 (Fostering and Evaluation of Government-Funded Research Institutes) |
| 1. | Duties of institutes and strategic quality of their long-term development goals; |
| 2. | Professionalism in carrying out research and projects; |
| 3. | Efficiency in management of institutes; |
| 4. | Excellence in the outcomes of research and projects; |
| 5. | Other matters deemed necessary by the Minister of Science and ICT for the development of government-funded research institutes, etc. |
| (2) | "Affiliated government-funded research institutes, etc. prescribed by Presidential Decree" in the main clause of Article 32 (3) of the Act means any of the following: <Amended on Oct. 25, 2011; Jun. 29, 2012; Jan. 9, 2013; Mar. 23, 2013; Nov. 19, 2014; Sep. 25, 2015; Jul. 26, 2017> |
| 1. | The Agency for Defense Development established under the Act on the Agency for Defense Development; |
| 3. | The Gwangju Institute of Science and Technology established under the Gwangju Institute of Science and Technology Act; |
| 4. | The Daegu Gyeongbuk Institute of Science and Technology established under the Daegu Gyeongbuk Institute of Science and Technology Act; |
| 4-2. | Ulsan National Institute of Science and Technology established under the Ulsan National Institute of Science and Technology Act; |
| 4-3. | The Korea Institute of Ocean Science and Technology established under the Korea Institute of Ocean Science and Technology Act; |
| 7-2. | The Institute for Basic Science established under Article 14 of the Special Act on Establishment of and Support for International Science and Business Belts; |
| 8. | Other institutes deemed necessary by the Minister of Science and ICT. |
| (3) | The heads of the relevant central administrative agencies shall fully reflect the outcomes of the evaluation under paragraph (1) in relevant policies and projects in order to efficiently nurture their affiliated government-funded research institutes, etc. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 49 (Non-Profit Science and Technology Corporations or Organizations to Be Fostered) |
The corporations or organizations to be fostered pursuant to Article 33 (3) of the Act shall be as follows: <Amended on Jan. 17, 2011; Jun. 24, 2011; Mar. 23, 2013; Jun. 21, 2016; Jul. 26, 2017> | (a) | The Korean Federation of Science and Technology Societies; |
| (b) | The Korea Industrial Technology Association; |
| (c) | Any other corporation or organization designated by the Minister of Science and ICT, as prescribed by Ordinance of the Ministry of Science and ICT. |
[This Article Wholly Amended on Jul. 26, 2010]
| Article 50 (Measures to Improve Regulation on Science and Technology) |
| (1) | In accordance with Article 35 (1) of the Act, the Minister of Science and ICT shall formulate measures to improve the science- and technology-related regulation (hereinafter referred to as "improvement measures") by annually evaluating the science- and technology-related regulation of relevant central administrative agencies and formulating policies to improve regulation on scientific and technological innovation, and finalize the improvement measures after deliberation by the Presidential Advisory Council on Science and Technology. <Amended on Jul. 26, 2017; Apr. 17, 2018> |
| (2) | The heads of relevant central administrative agencies shall promote matters under their jurisdiction according to improvement measures. |
| (3) | The Minister of Science and ICT shall, every year, examine the outcomes of promotion of improvement measures taken by relevant central administrative agencies. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 19, 2014]
ADDENDA <Presidential Decree No. 17303, Jul. 16, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Article 2 (Repealed Statutes or Regulations)
Article 3 Omitted.
Article 4 (Relationship with Other Statutes or Regulations)
ADDENDUM <Presidential Decree No. 17640, Jun. 25, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 17896, Jan. 29, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDUM <Presidential Decree No. 18069, Jul. 29, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18308, Mar. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 12, 2004.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 18431, Jun. 19, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18595, Dec. 3, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
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. 19142, Nov. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on December 1, 2005. |
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19411, Mar. 29, 2006>
This Decree shall enter into force on March 31, 2006.
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. 19582, Jun. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19785, Dec. 29, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21-3 shall enter into force on January 1, 2007. |
| (2) | (Applicability to Conduct of Prior Feasibility Studies of National Research and Development Projects) The amended provisions of Article 21-3 shall apply beginning with the first project subject to a prior feasibility study conducted on or after the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 19815, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
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. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 20979, Aug. 27, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 6, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20993, Sep. 10, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21162, Dec. 12, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 14, 2008.
Article 2 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. 21515, May 29, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21551, Jun. 25, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 26, 2009.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 4 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. 22299, Jul. 26, 2010>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24-2 shall enter into force on August 5, 2010.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
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. 22720, Mar. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2011.
Article 2 (Transitional Measures concerning Acts Done by the Council)
| (1) | Any act done by the Minister of Education, Science and Technology, such as determination, requests for submission of materials, commissioning, and entrustment, or any act done in relation to the Minister of Education, Science and Technology, with respect to mid- and long-term policy objectives, etc., for the development of science and technology, commissioning of members for the Consultation Committee on Regional Science and Technology Promotion, technology impact assessment, technological level evaluation, commissioning of members for the Consultation Committee on Basic Science Research Promotion, entrustment to the Korea Institute of Science and Technology Evaluation and Planning of the management affairs related to research planning, surveys and analyses, creation of management and distribution systems for knowledge, information, etc. in science and technology, and upgrading of facilities and equipment for research and development under former Articles 3, 15, 23, 24, 24-2, 27, 40, and 42 as at the time this Decree enters into force shall be deemed an act done by or in relation to the Council under this Decree. |
| (2) | Matters which the Operation Committee has deliberated on or reported pursuant to the former provisions as at the time this Decree enters into force shall be deemed those which the Operation Committee has deliberated on or reported pursuant to the amended provisions of Article 11. |
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.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23249, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23912, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24308, Jan. 9, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Change in Correction or Supplementation Period for National Standard Classification Table for Science and Technology)
The amended provisions of Article 41 (6) shall also apply to the National Standard Classification Table for Science and Technology that has been publicly announced and in force before this Decree enters into force.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
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.
ADDENDUM <Presidential Decree No. 25729, Nov. 19, 2014>
This Decree shall enter into force on November 29, 2014.
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 the amended parts of Presidential Decrees promulgated before this Decree enters into force, the enforcement date of which has not yet arrived, from among Presidential Decrees amended pursuant to Article 5 of Addenda shall enter into force on the date of enforcement of respective Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26551, Sep. 25, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26732, Dec. 22, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDA <Presidential Decree No. 27231, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016: Provided, That the amended provisions of Article 13 (2) and subparagraph 4 of Article 49 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Designation as Specialized Agency)
| (1) | An agency designated as the creative economy innovation center pursuant to Article 20 (1) of the previous Regulations on the Establishment and Operation of the Public-Private Creative Economy Committee as at the time this Decree enters into force shall be deemed designated as the creative economy innovation center pursuant to the amended provisions of Article 24-3. |
| (2) | A person appointed as the head of a creative economy innovation center pursuant to Article 20 (3) of the previous Regulations on the Establishment and Operation of the Public-Private Creative Economy Committee as at the time this Decree enters into force shall be deemed appointed as the head of a creative economy innovation center pursuant to the amended provisions of Article 24-4 (2). |
ADDENDA <Presidential Decree No. 27294, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016.
Article 2 (Applicability concerning Allocation and Adjustment of Budget for National Research and Development Projects)
The amended provisions of Article 21 (3) shall apply beginning with national research and development projects of 2018.
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.
ADDENDUM <Presidential Decree No. 28800, Apr. 17, 2018>
This Decree shall enter into force on April 17, 2018.
ADDENDA <Presidential Decree No. 30117, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30436, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 21, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 31253, Dec. 10, 2020>
This Decree shall enter into force on December 10, 2020.
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. 31995, Sep. 24, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32137, Nov. 23, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32726, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022: Provided, That the amended provisions of Articles 4, 42, and 42-2 shall enter into force on July 12, 2022. Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32990, Nov. 15, 2022>
This Decree shall enter into force on December 11, 2022.