ENFORCEMENT DECREE OF THE KOREA ADVANCED INSTITUTE OF SCIENCE AND TECHNOLOGY ACT
Presidential Decree No. 10144, Jan. 5, 1981
Amended by Presidential Decree No. 11704, jun. 11, 1985
Presidential Decree No. 13282, Feb. 1, 1991
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 20740, Feb. 29, 2008
Presidential Decree No. 21631, Jul. 22, 2009
Presidential Decree No. 24471, Mar. 23, 2013
Presidential Decree No. 28210, Jul. 26, 2017
Presidential Decree No. 28681, Feb. 27, 2018
Presidential Decree No. 28972, jun. 19, 2018
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 2 (Registration for Establishment) |
| (1) | In accordance with Article 3 of the Korea Advanced Institute of Science and Technology Act (hereinafter referred to as the "Act"), the Korea Advanced Institute of Science and Technology (hereinafter referred to as "KAIST") shall complete registration for its incorporation at the registry office having jurisdiction over its principal place of business within three weeks from the date on which it obtains authorization for the articles of incorporation. |
| (2) | Matters to be registered pursuant to paragraph (1) shall be as follows: |
| 3. | Locations of the main office and branch institutes; |
| 4. | Names and addresses of executives; |
| 5. | Total amount of assets. |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 3 (Registration of Relocation of Offices) |
| (1) | When KAIST relocates its main office, it shall complete the registration of relocation at the former place of the main office within two weeks, and the matters prescribed in Article 2 (2) at the new place of the main office within three weeks. |
| (2) | When KAIST relocates any of its branch institutes, it shall complete the registration of relocation at the place of its main office and the former place of the branch institute within two weeks, the matters prescribed in Article 2 (2) at the new place of the branch institute within three weeks, and such relocation at the places of other branch institutes within the same period. |
| (3) | When KAIST relocates its main office or any of its branch institutes within the jurisdiction of the same registry, it shall complete the registration of relocation within three weeks. |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 4 (Registration of Alteration) |
If any matter prescribed in the subparagraphs of Article 2 (2) is altered, KAIST shall complete the registration of alteration at the place of its main office within two weeks, and at the place of a branch institute within three weeks. [This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 5 (Documents Accompanying Application for Registration) |
An application for each registration prescribed in Articles 2 through 4 shall be accompanied by the following documents: | 1. | In cases of filing registration of the Korea Advanced Institute of Science and Technology under Article 2, the articles of association; |
| 2. | Documents proving the relocation of the main office or a branch institute, when filing for registration of relocation of the main office or a branch institute under Article 3; |
| 3. | Documents proving altered matters, when filing for registration of alteration under Article 4. |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 6 (Reckoning Registration Period) |
The registration period of the matters which are to be registered under Articles 2 through 4 and which require authorization or approval from the Minister of Science and ICT shall be reckoned from the date on which the written authorization or approval is granted. <Amended on Mar. 23, 2013; Jul. 26, 2017> [This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 7 (Effects of Registrations, Other than Registration for Incorporation) |
Matters subject to registration, other than the registration for incorporation, shall not be contested against a third party unless the registration thereof is completed.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 8 (Submission of Budget Requests for Contributions) |
| (1) | KAIST shall submit a budget request for contributions for the following year to the Minister of Science and ICT no later than May 31 each year along with the following documents: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 5, 2021> |
| 1. | The business plan for the following year; |
| 2. | The estimated profit and loss statement and the estimated statement of financial position for the following year; |
| 3. | Other documents necessary for clarifying the details of the budget. |
| (2) | If the details of the request under paragraph (1) are deemed reasonable, the Minister of Science and ICT shall include them in the budget and pay them. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (3) | Paragraphs (1) and (2), Articles 9, 10, 15, and 16 shall apply mutatis mutandis where KAIST accepts any contributions from the heads of central administrative agencies, other than the Minister of Science and ICT, or from the heads of public institutions under Article 4 of the Act on the Management of Public Institutions. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 9 (Notification of Decisions on Contributions) |
When the budget for contributions is determined, the Minister of Science and ICT shall notify KAIST thereof. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 10 (Payment of Contributions) |
| (1) | KAIST shall submit an application for payment to the Minister of Science and ICT, along with a business plan for the relevant year and a plan for execution of budget for each quarter to accept contributions. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
| (2) | Upon receipt of an application for payment under paragraph (1), the Minister of Science and ICT shall pay the contributions accordingly, if the business plan and the plan for execution of budget for each quarter are deemed reasonable. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 11 Deleted. <by Presidential Decree No. 21631, Jul. 22, 2009> |
| Article 12 (Appropriation of Surplus) |
If any surplus accrues at the settlement of accounts of each fiscal year, KAIST shall appropriate them to replenish losses brought forward, and shall carry forward the remainder to the following year.
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 13 (Gratuitous Transfer of State or Public Property) |
| 1. | Commodities acquired as a result of academic and research activities of KAIST; |
| 2. | Commodities directly used for academic and research activities of KAIST. |
| (2) | The transfer or loan of a State or public property under Article 11 of the Act or commodities under the subparagraphs of paragraph (1) shall be subject to the transfer or loan agreement between the management agency of the relevant State or public property or commodities and KAIST. <Amended on Sep. 12, 2023> |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
[Title Amended on Sep. 12, 2023]
| Article 14 (Application Mutatis Mutandis of the State Property Act) |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 15 (Business Plans) |
| (1) | KAIST shall state the objectives of the business, policies, details of major business, and required budget by classifying them in the business plan for the following year, which is to be submitted pursuant to Article 12 (1) of the Act. |
| (2) | Where KAIST intends to alter any major content of a business plan referred to in paragraph (1), KAIST shall submit the business plan indicating the content to be altered and the ground for such alteration, to the Minister of Science and ICT and obtain his/her approval therefor. In such cases, if it intends to alter the contents concerning academic affairs, it shall also submit the relevant business plan to the Minister of Education. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28210, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 16 (Reporting on Settlement of Accounts) |
KAIST shall submit to the Minister of Science and ICT the balance sheets of revenues and expenditures for each fiscal year which have been audited by a certified public accountant or an accounting firm designated by the Minister of Science and ICT, along with the following documents, no later than March 31 of the following year. In such cases, it shall also submit matters concerning academic affairs to the Minister of Education: <Amended on Mar. 23, 2013; Jul. 26, 2017; Jan. 5, 2021>
| 1. | The profit and loss statement and the statement of financial position of the relevant year; |
| 2. | The comparison table between a business plan for the relevant year and the outcomes of execution thereof; |
| 3. | A written opinion and a written opinion on audit and inspection prepared by a certified public accountant or an accounting firm that has conducted the inspection; |
| 4. | Other reference documents verifying the contents of the settlement of accounts. |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 16-2 (Organization and Operation of Senate) |
| (1) | When forming a Senate under Article 14-2 (1) of the Act (excluding affiliated institutions; hereafter in this Article the same shall apply), Senate members who represent each unit composing it including faculty members, staff members (including researchers), and students shall be elected by vote: Provided, That where Senate members include alumni of KAIST and those who can contribute to the development thereof, those Senate members shall be commissioned by the president. |
| (2) | The meetings of the Senate shall be classified into regular meetings and special meetings, which shall be held at least once per year and frequently, respectively, as prescribed by the articles of incorporation. |
| (3) | Except as provided in paragraphs (1) and (2), the election and commission of Senate members, the meetings of the Senate, and other matters necessary for the organization and operation of the Senate shall be prescribed by the articles of incorporation. |
[This Article Newly Inserted on Jun. 25, 2019]
| Article 16-3 (Formulation of Plans for Gender Equality) |
| (1) | The plan necessary to implement proactive measures, such as the employment plan for gender equality of faculty members under Article 15-4 (2) of the Act (hereinafter referred to as the "plan to take gender equality measures"), shall include the following matters: |
| 1. | The target employment ratio of female faculty members for each college; |
| 2. | The target ratio of female faculty members in new recruitment for each college; |
| 3. | Other matters related to plans to appoint faculty members for gender equality. |
| (2) | The classification of faculty members for each college to formulate a plan to take gender equality measures shall comply with the classification for each college as specified in attached Table 1 of the Regulations on the Establishment and Operation of Universities. |
| (3) | The president shall formulate a plan to take gender equality measures and submit it to the Minister of Science and ICT by December 31 of the year preceding the year of scheduled commencement of implementation. |
| (4) | The president shall submit the performance results of the plan to take gender equality measures to the Minister of Science and ICT by March 31 of each year. |
| (5) | Upon receiving the performance results of the plan to take gender equality measures under paragraph (4), the Minister of Science and ICT may request the president to provide data on measures necessary to achieve the objectives of the plan. In such cases, the president shall cooperate unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Feb. 25, 2020]
| Articles 17 through 20 Deleted. <by Presidential Decree No. 11704, Jun. 11, 1985> |
| Article 18 Deleted. <Jun. 11, 1985> |
| Article 19 Deleted. <Jun. 11, 1985> |
| Article 20 Deleted. <Jun. 11, 1985> |
| Article 21 (Submission of Research Plans and Research Reports) |
| (1) | Research plans and research reports submitted by KAIST under Article 19 of the Act shall be accompanied by the following documents: |
| 1. | An analysis table of domestic and overseas technological trends related to research; |
| 2. | A plan for utilization after research and development; |
| 3. | Other reference documents explaining the contents of the research. |
| (2) | Matters concerning the guidelines for preparation of research plans and research reports referred to in paragraph (1) and the methods of deliberation and assessment thereof, necessary procedures for conducting joint research of specific tasks under Article 20 of the Act, and the methods and procedures for the joint use of research facilities, etc. under Article 21 of the Act shall be separately prescribed by the Minister of Science and ICT. <Amended by Presidential Decree No. 24471, Mar. 23, 2013; Presidential Decree No. 28681, Feb. 27, 2018> |
[This Article Wholly Amended by Presidential Decree No. 21631, Jul. 22, 2009]
| Article 21-2 (Donation and Joint Use of Land) |
Any person who intends to donate land, research facilities or research equipment, etc. to KAIST under Article 21-3 (1) for the purpose of joint use, shall conclude a contract on the donation procedures and joint use with KAIST: Provided, That the procedures for accepting donations under Article 2 (1) of the Act on Collection and Use of Donations shall be governed by the relevant statute or regulation. [This Article Newly Inserted by Presidential Decree No. 28972, Jun. 19, 2018]
| Article 22 (Criteria for Imposing Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 28681, Feb. 27, 2018]
ADDENDA <Presidential Decree No. 10144, Jan. 5, 1981>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Repealed Statutes and Regulations) The Enforcement Decree of the Act on Fostering of Korea Institute of Science and Technology (Presidential Decree No. 4165) and the Enforcement Decree of the Korea Advanced Institute of Science Act (Presidential Decree Bi, 5405) are hereby repealed, respectively. |
| (3) | (Transitional Measures) Any disposition taken under the provisions of the former Enforcement Decree of the Act on Fostering of Korea Institute of Science and Technology or the former Enforcement Decree of the Korea Advanced Institute of Science Act as at the time this Decree enters into force shall be deemed to have been taken by this Decree. |
ADDENDA <Presidential Decree No. 11704, Jun. 11, 1985>
| (1) | (Enforcement Date) This Decree shall enter into force on June 15, 1985. |
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes and Regulations)
Omitted.
Articles 3 through 5 Omitted.
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. 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.
ADDENDUM <Presidential Decree No. 21631, Jul. 22, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24471, Mar. 23, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28210, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28681, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Administrative fines imposed for any violation committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amendments to the attached table.
ADDENDUM <Presidential Decree No. 28972, Jun. 19, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29888, Jun. 25, 2019>
This Decree shall enter into force on June 25, 2019.
ADDENDA <Presidential Decree No. 30443, Feb. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 28, 2020.
Article 2 (Special Cases concerning Plans to Take Gender Equality Measures)
The plan to take gender equality measures (referring to a plan for the period from July 1, 2020 to December 31, 2022) formulated for the first time after this Decree enters into force shall be submitted to the Minister of Science and ICT by June 30, 2020, notwithstanding the amended provisions of Article 16-3 (3).
ADDENDUM <Presidential Decree No. 31158, Nov. 17, 2020>
This Decree shall enter into force on November 20, 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. 33703, Sep. 12, 2023>
This Decree shall enter into force on the date of its promulgation.