ACT ON PROMOTION OF TECHNOLOGY DEVELOPMENT FOR COPING WITH CLIMATE CHANGE
Act No. 18072, Apr. 20, 2021
Amended by Act No. 18469, Sep. 24, 2021
Act No. 18865, jun. 10, 2022
The purpose of this Act is to take the responsibility for problems that arise in connection with coping with climate change and contribute to the realization of carbon neutrality and the development of the national economy, by creating a research base for technology for the reduction of greenhouse gases and adaptation to climate change, systematically fostering and developing it, and promoting cooperation with international communities.
The terms used in this Act are defined as follows: <Amended on Sep. 24, 2021>
| 1. | The term "coping with climate change" means activities conducted for reducing greenhouse gases and adapting to climate change in various economic and social sectors; |
| 4. | The term "greenhouse gas reduction" means activities to reduce the emission of greenhouse gases or absorb greenhouse gases; |
| 5. | The term "adaptation to climate change" means activities to minimize the adverse effects of climate change present or expected to occur in the future or promote climate change as a beneficial opportunity; |
| 6. | The term "technology for coping with climate change" means any of the following: |
| (a) | Technology for reducing greenhouse gases, as prescribed by Ordinance of the Ministry of Science and ICT; |
| (b) | Technology which contributes to adaptation to climate change, as prescribed by Ordinance of the Ministry of Science and ICT; |
| 7. | The term “Technology Mechanism" means the Technology Mechanism under the United Nations Framework Convention on Climate Change or the Paris Agreement. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State shall prepare policy measures for promoting the development of technology for coping with climate change. |
| (2) | Local governments shall formulate and implement policy measures for promoting the development of technology for coping with climate change, in consideration of the State's policy measures and the regional characteristics of each local government. |
| (3) | An institution entrusted with a technology development project under Article 9 shall fully cooperate with the State and local governments in implementing policy measures for promoting the development of technology for coping with climate change. |
| Article 4 (Relationship with Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to the development of technology for coping with climate change.
| Article 5 (Formulation and Implementation of Master Plans) |
| (1) | The Minister of Science and ICT shall formulate and implement a master plan for development of technology for coping with climate change (hereinafter referred to as "master plan") every five years to systematically foster and develop technologies for reducing greenhouse gases and adapting to climate change. |
| (2) | A master plan shall include the following matters: |
| 1. | Basic matters relating to the promotion of development of technology for coping with climate change; |
| 2. | Mid- to long-term goals for the development of technology for coping with climate change, and directions for the promotion thereof; |
| 3. | Promotion of collaborative research and interdisciplinary joint research among the industrial, academic, and research sectors on the development of technology for coping with climate change; |
| 4. | Support for international cooperation and overseas expansion regarding the development, transfer, and dissemination of technology for coping with climate change; |
| 5. | Investment in the development of technology for coping with climate change; |
| 6. | Establishment and operation of an information system related to technology for coping with climate change; |
| 7. | Training of human resources specialized in the development of technology for coping with climate change; |
| 8. | Pilot projects for technology for coping with climate change; |
| 9. | Other matters necessary for promoting the development of technology for coping with climate change. |
| (3) | The Minister of Science and ICT may modify a master plan, if necessary due to any change in conditions for coping with climate change. <Newly Inserted on Jun. 10, 2022> |
| (4) | Where the Minister of Science and ICT intends to formulate or modify a master plan, he or she shall finalize the master plan after consultation with the heads of relevant central administrative agencies and the heads of local governments and deliberation by the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act: Provided, That if it is intended to modify minor matters prescribed by Presidential Decree, such modification shall not be subject to consultation or deliberation. <Amended on Jun. 10, 2022> |
| (5) | The Minister of Science and ICT may establish a cooperation system for encouraging participation of and gathering consensus from private experts, if necessary to formulate a master plan. <Amended on Jun. 10, 2022> |
| (6) | To collect basic data necessary for formulating a master plan, the Minister of Science and ICT may request the submission of related data from the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions (referring to the public institutions under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply), and the heads of specialized institutions related to low carbon technology which are prescribed by Ordinance of the Ministry of Science and ICT. In such cases, the heads of agencies upon receipt of such request shall comply with it, unless there is a compelling reason not to do so. <Amended on Jun. 10, 202> |
| (7) | Other matters necessary for formulation, implementation, modification, etc. of a master plan shall be prescribed by Presidential Decree. <Amended on Jun. 10, 2022> |
| Article 6 (Formulation and Implementation of Action Plans) |
| (1) | The Minister of Science and ICT, the heads of relevant central administrative agencies, and the heads of local governments shall formulate and implement an annual action plan (hereinafter referred to as “action plan”) according to the master plan, and shall inspect the progress of implementation. |
| (2) | When the heads of relevant central administrative agencies and the heads of local governments intend to formulate an action plan, they shall have a prior consultation with the Minister of Science and ICT. |
| (3) | If necessary for the formulation of an action plan, the Minister of Science and ICT may prepare basic guidelines necessary for formulating such plan and notify the heads of relevant central administrative agencies and the heads of local governments thereof. |
| (4) | Other matters necessary for formulating and implementing action plans shall be prescribed by Presidential Decree. |
| Article 7 (Surveys on Activities for Technology Development) |
| (1) | The Minister of Science and ICT may survey the current status and actual conditions of technology development related to the following matters or compile statistics thereon (hereinafter referred to as "survey on activities for technology development") in order to formulate and implement a master plan and an action plan: |
| 1. | Current status of domestic and overseas technology development and related industries for coping with climate change; |
| 2. | Current state of human resources by field and function, and forecast of demand therefor; |
| 3. | Technology development by field and function, and the scale of investment therein; |
| 4. | Matters relating to the surveys on the outcomes of technology development; |
| 5. | Other matters necessary for the formulation and implementation of the master plan and action plan. |
| (2) | The Minister of Science and ICT may request the head of a relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of an enterprise, research institute, public institution, or organization to submit data necessary for conducting surveys on activities for technology development. In such cases, a person requested to submit data shall comply with such request unless there is a compelling reason not to do so. |
| (3) | The Minister of Science and ICT may publish the results of surveys on activities for technology development. |
| (4) | Matters necessary for the methods and procedures for surveys on activities for technology development under paragraph (1), and publication, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 8 (Promotion of Technology Development Projects) |
| (1) | The Minister of Science and ICT, the head of a relevant central administrative agency, and the head of a local government shall promote projects to develop technology for coping with climate change (hereinafter referred to as "technology development project") in the fields assigned in accordance with the master plan and action plans, and shall prepare policy measures to support such projects. |
| (2) | When the Minister of Science and ICT, the head of a relevant central administrative agency, or the head of a local government promotes a technology development project, he or she shall reflect targets for greenhouse gas reduction under the Paris Agreement, demand for technology for coping with climate change in the industrial sector, and the forecasted results of technology development. |
| (3) | The Minister of Science and ICT shall prepare a comprehensive technology map in order to formulate a strategy for the development of technology for coping with climate change and to set a direction for investment, as prescribed by Presidential Decree. |
| (4) | When the Minister of Science and ICT, the head of a relevant central administrative agency, or the head of a local government promotes a technology development project, he or she shall actively reflect the matters under paragraphs (2) and (3) in the identification, etc. of core technologies subject to development in the competent fields. |
| Article 9 (Entrustment of Technology Development Projects) |
| (1) | The Minister of Science and ICT or the head of a relevant central administrative agency may entrust all or part of a technology development project to any of the following institutions, as prescribed by Presidential Decree, in order to efficiently promote the technology development project: |
| 3. | A university, industrial college, junior college, or technical college under the Higher Education Act (hereinafter referred to as “university or college”); |
| 4. | A national or public research institute; |
| 6. | A research institute affiliated with an enterprise or the research and development division of an enterprise that meets the standards for human resources, facilities, etc. prescribed by Presidential Decree; |
| 7. | A corporation or sole proprietor that meets the standards for human resources, facilities, etc. prescribed by Presidential Decree. |
| (2) | For entrustment under paragraph (1), contributions from the Government or a person other than the Government, and proceeds from the operation of the Science and Technology Promotion Fund under Article 22 of the Framework Act on Science and Technology may be contributed or supported as the research and development funds to the institutions falling under any subparagraph of paragraph (1). |
| (3) | Matters necessary for entrustment of a technology development project under paragraph (1) and contribution, support, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 10 (Pilot Projects) |
| (1) | The Minister of Science and ICT and the head of a relevant central administrative agency may conduct a pilot project necessary for the development of technology for coping with climate change through mutual consultation. |
| (2) | The Minister of Science and ICT and the head of a relevant central administrative agency may provide financial and administrative support to those who participate in a pilot project under paragraph (1). |
| (3) | Matters necessary for the standards and procedures for designating the pilot project under paragraph (1), the details of support therefor, etc. shall be prescribed by Presidential Decree. |
| Article 11 (Support for Commercialization of Outcomes of Technology Development) |
| (1) | The Minister of Science and ICT and the head of a relevant central administrative agency shall prepare and promote policy measures for support necessary to vitalize the development of technology for coping with climate change and to promote the commercialization of the outcomes of development of technology developed. |
| (2) | Matters necessary for the details, etc. of policy measures for support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Cooperation with Technology Mechanism) |
| (1) | The Minister of Science and ICT shall supervise the development of technology for coping with climate change among countries, the promotion of transfer of developed technology, and cooperation with the Technology Mechanism to implement the United Nations Framework Convention on Climate Change and the Paris Agreement. |
| (2) | The Minister of Science and ICT may prepare and implement comprehensive policy measures for strengthening cooperation with the Technology Mechanism and supporting the activities with the Technology Mechanism, following consultation with the heads of the relevant central administrative agencies. |
| (3) | The Minister of Science and ICT may promote the following projects to facilitate international cooperation for the development and transfer of technology for coping with climate change: |
| 1. | Surveys and research for international cooperation; |
| 2. | Support for inter-country joint research, technology development projects, etc.; |
| 3. | Establishment of a system for cooperation with international organizations related to coping with climate change, foreign governments, or relevant institutions and organizations; |
| 4. | Support for overseas expansion and international cooperation projects in the private sector related to coping with climate change; |
| 5. | International negotiations related to technology for coping with climate change; |
| 6. | Support for international exchange of human resources related to coping with climate change; |
| 7. | Other matters prescribed by Presidential Decree regarding international cooperation. |
| (4) | The Minister of Science and ICT may contribute to or provide support for technological cooperation projects for coping with climate change, which are promoted by the climate technology center and network in charge of the operational function of the Technology Mechanism (referring to the components of the Technology Mechanism established in accordance with the United Nations Framework Convention on Climate Change and a decision of the parties to that Convention). |
| Article 13 (Overseas Dispatch of Domestic Scientists and Engineers) |
The Government may dispatch domestic scientists and engineers and relevant public officials to foreign countries in order to promote international cooperation projects, international joint research, etc. for the development and transfer of technology for coping with climate change.
| Article 14 (Fostering of Specialized Human Resources) |
| (1) | The Minister of Science and ICT shall formulate a plan to foster specialized human resources necessary for facilitating the development of technology for coping with climate change, and shall prepare policy measures for the development of related educational and training programs, overseas training programs, attraction and utilization of quality foreign human resources, etc., as prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT shall set a prospect for the supply and demand of human resources in the field of technology for coping with climate change, after consultation with the heads of relevant central administrative agencies, and shall reflect the results thereof in plans, policy measures, etc. for fostering specialized human resources under paragraph (1). |
| (3) | The Minister of Science and ICT may entrust related universities or colleges, etc. with the business affairs of fostering specialized human resources under paragraph (1), as prescribed by Presidential Decree. In such cases, expenses may be fully or partially contributed or subsidized. |
| Article 15 (Designation of Dedicated Institution) |
| (1) | The Minister of Science and ICT may designate and operate an institution dedicated to the following business affairs (hereinafter referred to as "dedicated institution") for the development of technology for coping with climate change, in consultation with the heads of the relevant central administrative agencies: |
| 1. | Support for the surveys and analysis of the current status, etc. of domestic and foreign technology development and related industries for coping with climate change under Article 7 (1) 1; |
| 2. | Support for the formulation of policy measures to promote the development of technology for coping with climate change and the preparation of a technology map under Article 8 (1) and (3); |
| 4. | Support for commercialization of the outcomes of technology development under Article 11; |
| 5. | Support for cooperation with the Technology Mechanism under Article 12; |
| 6. | Other support for the formulation and execution of policies for coping with climate change. |
| (2) | The Minister of Science and ICT may contribute to or subsidize a dedicated institution to cover all or part of the expenses incurred in performing the business affairs under paragraph (1), within the budget. |
| (3) | Where a dedicated institution falls under any of the following cases, the Minister of Science and ICT may revoke the designation or order a correction: Provided, That in cases falling under subparagraph 1, the Minister shall revoke the designation: |
| 1. | Where the institution obtains designation by fraud or other improper means; |
| 2. | Where the institution ceases to meet the requirements for designation under paragraph (4); |
| 3. | Where it becomes significantly unjust for the institution to perform the business affairs as a dedicated institution. |
| (4) | Matters necessary for the requirements for designating a dedicated institution, revocation of designation, subsidization for expenses, etc. shall be prescribed by Presidential Decree. |
| Article 16 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Science and ICT and the head of a relevant central administrative agency may delegate or entrust part of the authority under this Act to the head of a local government or the head of a public Institution, as prescribed by Presidential Decree. |
| (2) | The Minister of Science and ICT may entrust part of the business affairs under this Act to an institution or organization that conducts business affairs related to technology for coping with climate change, in consultation with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree. |
| Article 17 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
The executive officers and employees of a related institution or corporation entrusted with the business affairs pursuant to Articles 9 and 16 who perform the entrusted business affairs shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
ADDENDA <Act No. 18072, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Formulation and Implementation of Master Plans)
A master plan under Article 5 shall be formulated beginning with the year following the year in which this Act enters into force.
ADDENDA <Act No. 18469, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 18865, Jun. 10, 2022>
This Act shall enter into force six months after the date of its promulgation.