ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT, OPERATION AND FOSTERING OF GOVERNMENT-FUNDED RESEARCH INSTITUTES
Presidential Decree No. 16093, Jan. 29, 1999
Amended by Presidential Decree No. 16553, Sep. 15, 1999
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17116, Jan. 29, 2001
Presidential Decree No. 17175, Mar. 27, 2001
Presidential Decree No. 18081, Aug. 6, 2003
Presidential Decree No. 18594, Dec. 3, 2004
Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 18920, jun. 30, 2005
Presidential Decree No. 19431, Mar. 29, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 16326, Aug. 29, 2006
Presidential Decree No. 20724, Feb. 29, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22356, Aug. 25, 2010
Presidential Decree No. 22964, jun. 7, 2011
Presidential Decree No. 23564, Jan. 26, 2012
Presidential Decree No. 23883, jun. 27, 2012
Presidential Decree No. 24429, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 32447, Feb. 17, 2022
[This Article Wholly Amended on Jun. 27, 2012]
| Article 2 (Gratuitous Loan of State Property) |
| (1) | The gratuitous loan, transfer, or use, profit-making of the state-owned property or commodities under Article 7 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereinafter referred to as the "Act") shall be governed by a contract concluded with the management authorities of such state-owned property or commodities, the government-funded research institutes (hereinafter referred to as “research institute”), or the Korea Research Council for Economy, Humanities and Social Sciences (hereinafter referred to as the "Research Council"). |
| (2) | The term of a gratuitous loan of the state-owned property under paragraph (1) may be set within the range of not exceeding 20 years. |
| (4) | If a research institute or the Research Council uses the state-owned property or commodities leased or transferred without consideration under paragraph (1) for any purposes other than the original purpose of lease and transfer, the management authority of the state-owned property or commodities may terminate or cancel the contract of lease or transfer. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 3 (Preparation for Incorporation of Research Institutes) |
| (1) | When a research institute is to be established pursuant to Article 8 of the Act, the chairperson of the Research Council shall commission not more than 10 persons as the incorporators to have them conduct administrative affairs concerning the establishment of the research institute. |
| (2) | The incorporators shall prepare the articles of incorporation of the research institute and shall obtain approval from the Prime Minister. |
| (3) | When the the articles of incorporation are approved under paragraph (2), the incorporators shall file for the registration for incorporation of the research institute without delay and then transfer administrative affairs to the president of the research institute (hereinafter referred to as the “president of a research institute”). |
| (4) | The incorporators shall be deemed discharged upon completion of the transfer of the administrative affairs under paragraph (3). |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 4 (Deadline for Submission of Business Goals of Research Institutes) |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 5 (Auditor of Research Institutes) |
The auditor of a research institute under Article 11 (5) of the Act shall be in non-standing position: Provided, That a research institute with the average budget of at least 100 billion won over three business years prior to the appointment of an auditor may appoint a standing auditor. [This Article Wholly Amended on Jun. 27, 2012]
| Article 6 (Open Recruitment of Presidents of Research Institutes) |
| (1) | Pursuant to Article 12 (2) of the Act, the president of a research institute shall be appointed through open recruitment, but he or she shall be appointed by recommendation upon a resolution adopted by the board of directors of the Research Council. |
| (2) | When the president of a research institute is appointed through open recruitment under paragraph (1), a committee for screening the candidates for the president of a research institute (hereinafter referred to as the “examination committee”) shall be organized to screen the candidates for the president of the research institute: Provided, That the screening by the examination committee may be omitted if the number of candidates does not exceed three. |
| (3) | The examination committee shall be comprised of five directors (including two ex officio directors), including the chairperson of the Research Council, and four persons engaged in related research and designated by the board of directors, from among persons with good standing and reputation in various circles including industrial circles, research institutes, and academic circles. |
| (4) | Notwithstanding paragraph (3), if the Prime Minister deems it more desirable that public officials from related public agencies participate as the examination committee members, he or she may nominate public officials of vice-ministerial level of the relevant agencies (including public officials in general service who are deputy heads of such agencies and members of the Senior Executive Service, or public officials at the equivalent level) as the examination committee members in place of the ex officio directors serving as the examination committee members, within the range of the number of examination committee members allotted to ex officio directors. |
| (5) | Matters necessary for the procedures for open recruitment and operation of the examination committee, etc. shall be stipulated by the articles of incorporation of the Research Council. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 7 (Recommendation Committee for Presidents of Research Institutes) |
| (1) | The recommendation committee for the presidents of the research institutes under Article 12 (2) of the Act shall be comprised of five directors (including two ex officio directors), including the chairperson of the Research Council, and four persons engaged in research and designated by the board of directors, from among persons in good standing and reputation from various circles, including industrial circles, research institutes, and academic circles. In such cases, Article 6 (4) shall apply mutatis mutandis. |
| (2) | The recommendation committee for the presidents of the research institutes shall recommend a candidate for the president of a research institute from among persons who have abundant knowledge in the relevant field of research and in good reputation. |
| (3) | Matters necessary for the procedures of recommendation of the presidents of research institutes and the operation of the recommendation committee for the presidents of research institutes shall be stipulated by the articles of incorporation of the Research Council. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 8 (Appointment and Dismissal of Executive Officers of Research Institutes) |
| (1) | The chairperson of the Research Council shall appoint the president and auditor of a research institute upon a resolution adopted by the board of directors of the Research Council under Article 12 (1) of the Act. |
| (2) | If the president or auditor of a research institute falls under any of the following subparagraphs, the chairperson of the Research Council may dismiss him or her upon a resolution adopted by its board of directors: |
| 1. | Where he or she becomes unable to assume his or her duties for a long time due to physical or mental illness; |
| 3. | Where he or she causes any loss to the relevant research institute or the Research Council by violating any statute or regulation or the articles of incorporation of the research institute or of the Research Council; |
| 4. | Where an evaluation conducted under Article 28 of the Act reveals that he or she is deemed substantially inadequate in terms of management capability required of a president; |
| 5. | Where the chairperson of the Research Council or any supervisory administrative authority requests his or her dismissal because he or she has done any act causing loss of dignity regardless of correlation with his or her duties or his or her qualities are deemed substantially inadequate. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 8-2 (Appointment of Auditors) |
| (1) | The chairperson of the Research Council shall appoint an auditor pursuant to Article 8 (1) of the Act from among persons with abundant expertise or experience in the related field. |
| (2) | Matters necessary for the methods and procedures of appointment of auditors shall be stipulated by the articles of incorporation of the Research Council. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 8-3 (Criteria for Assessment of Research Outcomes and Business Management of Research Institutes In President's Term of Office) |
| (1) | "In case where ... satisfy the criteria prescribed by the Presidential Decree" in the former part of Article 12 (6) of the Act means where the results of evaluation of the research outcomes and the substance of business management of the relevant research institute over the latest two years, over which a resolution is adopted by the board of directors, have received any of the following ratings thanks to innovation in business management of the president of the research institute: |
| 1. | The highest grade in the calculation of the average grade; |
| 2. | The ranking in the top 10 percent or above of all the research institutes in the calculation of the overall rating. |
| (2) | Notwithstanding paragraph (1), if the chairperson of the Research Council deems it difficult to recognize the results of evaluation of a research institution over the recent two years as the achievements attained during the term of office of the relevant president, he/she may conduct a separate evaluation following a resolution by the board of directors. In such case, matters necessary for the method and procedure for the evaluation shall be prescribed by the articles of incorporation of the Research Council. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 9 (Submission of Opinions of Heads of Central Administrative Agencies) |
Pursuant to Article 13 (1) of the Act, the head of a central administrative agency may submit a statement of opinion on the following matters to the Prime Minister by the end of February: | 1. | The research performing institutes and the tile of research tasks; |
| 2. | Objectives of research and expected effects; |
| 5. | Order of priority of research tasks. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 10 (Deadline for Submission of Budget Requests) |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 11 (Deadline for Submission of Budgets and Business Plans of Research Institutes) |
The Research Council shall submit the budgets and business plans of a research institute, which have been approved pursuant to Article 13 (8) of the Act, to the Prime Minister by December 31 each year: Provided, That where it approves any modification of the budget or business plan of the research institute, it shall submit the revised budget or business plan to the Prime Minister without delay. [This Article Wholly Amended on Jun. 27, 2012]
| Article 12 (Deadline for Submission of Balance Sheet of Settlement of Accounts of Research Institutes) |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 13 (Matters of Authorization for Modification of Articles of Incorporation of Research Council) |
“Important matters as determined by the Presidential Decree ” in Article 20 (2) of the Act means any of the following matters: | 1. | Objectives (including the fields of research); |
| 2. | Name and address of the principal office; |
| 3. | Matters concerning property and accounting; |
| 4. | Matters concerning its executive officers and employees; |
| 5. | Matters relating to installation of administrative offices; |
| 6. | Scope of the research institutes under its jurisdiction; |
| 7. | Matters concerning appointment and dismissal of executive officers of the research institute. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 14 (Recommendation Committee for Chairperson of Research Council) |
| (1) | The recommendation committee for the chairperson under Article 23 (1) of the Act shall be comprised of the directors of the Research Council and the presidents of the research institutes. |
| (2) | The recommendation committee for the chairperson shall recommend a candidate for the chairperson from among persons with abundant expertise or experience in the relevant research field or from professional business executives. |
| (3) | Matters necessary for the procedures of the recommendation and open recruitment of the chairperson, operation of the recommendation committee of the chairperson, etc. shall be stipulated by the articles of incorporation. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 15 (Ex Officio Directors of Research Council) |
| (1) | Ex officio directors of the Research Council under Article 23 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Vice Minister of Economy and Finance and the First Vice Minister of Government Policy Coordination; |
| 2. | Six persons from among the Vice Ministers of the Ministry of Education, Ministry of Science and ICT, Ministry of Foreign Affairs, Ministry of Unification, Ministry of Justice, Ministry of the Interior and Safety, Ministry of Agriculture, Food and Rural Affairs, Ministry of Trade, Industry and Energy, Ministry of Health and Welfare, Ministry of Environment, Ministry of Employment and Labor, Ministry of Gender Equality and Family, Ministry of Land, Infrastructure and Transport, and Ministry of Oceans and Fisheries, and the Minister of Government Legislation. |
| (2) | The persons referred to in paragraph (1) 2 shall serve as ex officio directors for one year in the prescribed order. |
| (3) | Notwithstanding paragraph (2), if the Prime Minister deems it necessary for the appointment of the president of a research institute under Article 24 (2) 2 of the Act, he or she may appoint a public official of vice-ministerial level from a public agency closely related to the relevant research institute (including a public official who is the deputy head of the public agency and a member of the Senior Executive Service, or a public official at the equivalent level) as an ex officio director only for deliberation on the appointment of the president of a research institute. |
| (4) | The appointment of an ex officio director under paragraph (3) shall be limited to one person, and if a public official of a related government agency is appointed as an ex officio director, one ex officio director from among ex officio directors under paragraph (1) 2 shall be excluded from the position of ex officio directors in the prescribed order, in adopting a resolution on the agenda for the appointment of the relevant president. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 16 (Recommendation of Chairperson of Research Council) |
| (1) | The institutions or organizations that are recommended when the Prime Minister appoints directors pursuant to Article 23 (2) of the Act shall include the institutions or organizations classified as follows: <Amended on Feb. 17, 2022> |
| 1. | Industrial circles: Related associations, etc.; |
| 2. | Research institutes: Research institutes affiliated with the Research Council; |
| 3. | Academic circles: Consultative body that represents schools specified in Article 2 of the Higher Education Act or polytechnic colleges defined under the Act on the Development of Lifelong Vocational Skills of Citizens and related scientific societies. |
| (2) | The Prime Minister shall appoint directors from among persons with abundant expertise and experience or professional business executives, recommended pursuant to paragraph (1), not leaning toward a specific field. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 16-2 (Recommendation of Auditors of Research Council) |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 17 (Submission of Budget Requests for Contributions to Research Council) |
The Research Council shall, pursuant to Article 27 (1) of the Act, submit to the Prime Minister a budget request for contributions for the following business year by June 20 each year. [This Article Wholly Amended on Jun. 27, 2012]
| Article 18 (Submission of Business Plans of Research Council) |
The Research Council shall, pursuant to Article 27 (2) of the Act, submit a business plan, etc. for each business year by the following deadlines: | 1. | A business plan and budget for each business year: By December 31 of the immediately preceding business year; |
| 2. | A business performance report for each business year and the annual financial report audited by a certified public accountant for revenue and expenditure during each business year: By March 31 of the following business year. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 19 (Evaluation of Research Institutes) |
| (1) | When the Research Council evaluates the research outcomes and business management of a research institute pursuant to Article 28 (1) of the Act, it shall seek an opinion from the planning and appraisal committee under Article 25 of the Act or from an institution that can conduct a professional assessment in the relevant field, to conduct an evaluation in a fair and objective manner. <Amended on Jun. 25, 2014> |
| (2) | The matters subject to evaluation with respect to the research outcomes and business management of a research institute under paragraph (1) shall be determined by the Research Council following the resolution by its board of directors. |
| (3) | Where it is deemed necessary to conduct an additional evaluation apart from the matters subject to evaluation determined by a resolution of the board of directors of the Research Council, the Prime Minister may request the Research Council to add evaluation matters, and the Research Council shall comply with such request. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 20 (Submission of Evaluation Results of Research Institutes) |
The Research Council shall submit the evaluation results of the research institutes under Article 28 (1) of the Act to the Prime Minister and the Minister of Economy and Finance by April 30, attaching the following documents: | 1. | A report on the evaluation results of each research institute; |
| 2. | An evaluation report, if the evaluation is commissioned to the planning and appraisal committee or to a specialized evaluation agency. |
[This Article Wholly Amended on Jun. 27, 2012]
| Article 21 (Scope of Employees Deemed Public Officials for Applying Penalty Provisions) |
"Employees as determined by Presidential Decree" in Article 33 of the Act means the researchers and employees of director-level of the research institutes and the Research Council. [This Article Wholly Amended on Jun. 27, 2012]
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Submission of Annual Financial Statements of Research Institutes)
The Research Council may, notwithstanding Article 12, submit the settlement of accounts of the year of 1998 of the research institutes under its jurisdiction to the Prime Minister by May 31. Article 3 (Repeal of Other Statutes and Regulations)
The following Presidential Decrees shall be repealed:
| 2. | The Enforcement Decree of the Korea Institute of Public Finance Act; |
| 7. | The Enforcement Decree of the Korea Institute for Curriculum and Evaluation; |
| 11. | The Enforcement Decree of the Korea Information Society Development Institute Act; |
| 14. | The Enforcement Decree of the Korea Research Institute for Vocational Education and Training Act; |
| 16. | The Enforcement Decree of the Korea Women’s Development Institute Act; |
| 18. | The Enforcement Decree of the Korea Institute of Oriental Medicine; |
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
If a specific research institute is made reference in other statutes or regulations other than the Specific Research Institutes Support Act and the Enforcement Decree of that Act, the citation shall be deemed to include the Korea Institute of Science and Technology, the Korea Research Institute of Standards and Science, the Korea Institute of Machinery and Materials, the Korea Institute of Energy Research, the Korea Institute of Geology, Mining and Materials, the Korea Ocean Research and Development Institute, the Korea Electro-technology Research Institute, the Korea Research Institute of Chemical Technology, the Electronics and Telecommunications Research Institute, the Korea Aerospace Research Institute, the Korea Research institute of Bioscience and Biotechnology, the Science and Technology Policy Institute, the Korea Basic Science Institute, the Korea Astronomy and Space Science Institute, the Korea Research and Development Information Center, pursuant to Article 8 (1) and attached Table of the Act, respectively. <Newly Inserted on Sep. 15, 1999>
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16553, Sep. 15, 1999>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 of the Addenda shall enter into force on January 29, 1999.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17116, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17175, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Appointment of Presidents of Research Institutes)
Notwithstanding the amended provisions of Articles 6 and 7, previous provisions shall apply where the procedure to appoint the president of a research institute is in progress after the board of directors organizes an examination committee or a president recommendation committee for the appointment of the president of a research institute at the time this Decree enters into force. Articles 3 Omitted.
ADDENDA <Presidential Decree No. 18081, Aug. 6, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Special Cases concerning Appointment of Members of Graduate School and University Steering Committee) Notwithstanding the amended provisions of Article 3-5 (4) 5, the first members of a graduate school and university steering committee governed by the same provisions shall be the persons designated by the chairpersons of the Korea Research Council of Fundamental Science and Technology, Korea Research Council for Industrial Science and Technology, and Research Council for Public Technology, respectively, pursuant to Article 18 (1) 3 through 5 of the Act. |
| (3) | (Special Cases concerning Convocation of Graduate School and University Steering Committee) Notwithstanding the amended provisions of Article 3-7 (1), the chairperson of the Research Council of Fundamental Science and Technology under Article 18 (1) 3 of the Act shall convene the first meeting of the Graduate School and University Steering Committee. |
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
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. 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. 18920, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 (Applicability to Research Outcomes of Research Institutes)
The research outcomes achieved through business innovation of a research institute pursuant to the amended provisions of Article 8-3 shall apply beginning with the research outcomes achieved after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 19431, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2006.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 20724, 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. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
Articles 2 through 15 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.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22964, Jun. 7, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23564, Jan. 26, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDUM <Presidential Decree No. 23883, Jun. 27, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24429, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees amended by Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Presidential Decrees amended by Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet, shall enter into force on the enforcement date of the respective Decree. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.