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ENFORCEMENT DECREE OF THE NATIONAL RESEARCH AND DEVELOPMENT INNOVATION ACT

Presidential Decree No. 34468, Apr. 30, 2024

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the National Research and Development Innovation Act and matters necessary for the enforcement thereof.
 Article 2 (Research and development institutes)
(1) "Entities and organizations prescribed by Presidential Decree" in subparagraph 3 (h) of Article 2 of the National Research and Development Innovation Act (hereinafter referred to as the "Act") means the following entities and organizations: <Amended on Feb. 6, 2024>
1. Small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises;
2. Non-profit corporations established under the Civil Act or any other statute;
3. A foreign corporation established under foreign laws in a foreign country (limited to cases where it conducts a research and development project jointly with a domestic research and development institute).
(2) The types of research and development institutes are classified into the following categories: <Amended on Feb. 6, 2024>
1. Supervising research and development institute: research and development institute that supervises and performs research and development projects;
2. Joint research and development institute: A research and development institute that jointly performs a research and development project by sharing the project with the supervising research and development institute under the agreement on the research and development project;
3. Entrusted research and development institute: A research and development institute that performs a part of a research and development project (limited to the part that requires special expertise or technology) entrusted from the supervising research and development institute with the approval of the head of the competent central administrative agency.
 Article 3 (Research and development outcomes)
"Tangible and intangible outcomes prescribed by Presidential Decree, including products, facilities, equipment, and intellectual property rights" in subparagraph 5 of Article 2 of the Act means the following outcomes:
1. Products;
2. Facilities and equipment;
3. Thesis;
4. Intellectual property rights, such as patents;
5. The original text of the annual report, stage report, final report, or report on utilization of outcomes under Article 12 (4) through (6) of the Act;
6. Summary information on technologies created or derived from research and development projects;
7. Life resources;
8. Software;
9. Compounds;
10. New varieties;
11. Standard;
12. Other tangible and intangible outcomes equivalent to those prescribed in subparagraphs 1 through 11.
 Article 4 (Research and development data)
"Data prescribed by Presidential Decree" in subparagraph 6 (d) of Article 2 of the Act means the following data:
1. Data on domestic and international scientific, technological, social, and economic trends;
2. Data on the performance of national research and development activities;
3. Data on persons who are performing or have performed national research and development activities;
4. Data on the national research and development administration system under Article 27 (1) of the Act;
5. Data on statistics related to national research and development programs;
6. Other data recognized by the Minister of Science and ICT as necessary for the promotion of national research and development programs.
 Article 5 (Scope of Application)
"Program prescribed by Presidential Decree" in subparagraph 7 of Article 3 of the Act means a program that falls under any of the following subparagraphs and is determined and publicly notified by the Minister of Science and ICT in consultation with the Minister of Education: <Amended on Feb. 28, 2022>
1. Financial support project for fostering the next generation to engage in academic activities pursuant to Article 7 of the Academic Sciences Promotion Act;
2. Higher education financial support project for financial support and assistance under Article 7 of the Higher Education Act;
3. Support project to promote industry-academia-research cooperation pursuant to Article 39 (1) of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act;
[Title Amended on Feb. 28, 2022]
CHAPTER II PROMOTION OF NATIONAL RESEARCH AND DEVELOPMENT PROGRAMS
 Article 6 (Preannouncement of national research and development program promotion plans)
(1) "Matters prescribed by Presidential Decree, such as research and development expenses for a research and development project and public contest schedules" in Article 9 (1) of the Act refers to the following matters:
1. Purpose of a national research and development program;
2. Research and development expenses for a research and development project under Article 13 (1) of the Act (hereinafter referred to as "research and development expenses");
3. Public contest schedule for research and development projects;
4. Contents and period of support for research and development projects.
(2) The head of the central administrative agency shall make a preannouncement pursuant to Article 9 (1) of the Act by January 31 of each year; provided, such preannouncement shall not be made if there is good cause, such as where the project cost of the relevant national research and development program is not reflected in the budget bills, etc. under Article 85-3 of the National Assembly Act.
 Article 7 (Survey of demand for research and development)
(1) The survey for demand under Article 9 (2) of the Act shall include the following matters related to research and development projects:
1. Goals and content;
2. Trends and ripple effects;
3. Performance period;
4. The amount and type of government support.
(2) "Fields prescribed by Presidential Decree, such as the strategic support of fields necessary for national security, accident and disaster preparedness, and policy promotion" in the proviso to Article 9 (2) of the Act refers to the following:
1. Fields related to national security and national defense;
2. Fields of technology development for preparing for or overcoming accidents and disasters;
3. Fields of strategic support for the fields necessary for implementing policies;
4. Fields necessary for resolving urgent social and economic issues.
 Article 8 (Pre-planning for discovering research and development projects)
(1) If the head of a central administrative agency intends to do pre-planning for discovering research and development projects pursuant to Article 9 (3) of the Act, he or she shall include in the pre-planning in advance the following details:
1. The need for support in research areas related to such pre-planning;
2. Research and development trends such as papers or patents;
3. Expected effects.
(2) Where the head of a central administrative agency intends to do pre-planning to discover a research and development project pursuant to Article 9 (3) of the Act, he or she shall examine whether the research and development project falls under the categories of Article 45 (1) 1 through 3. <Amended on Feb. 6, 2024>
 Article 9 (Research and development projects and public contest procedures for research and development institutes)
(1) If the head of a central administrative agency intends to select a research and development project and a research and development institute through a public contest pursuant to the main clause, with the exception of the subparagraphs of Article 9 (4) of the Act, the head of the central administrative agency shall publicly announce it through the integrated information system for national research and development programs (hereinafter referred to as the "integrated information system") under Article 20 (1) of the Act, for at least 30 days; provided, the head of the central administrative agency may shorten the public announcement period if he or she recognizes that it is necessary to expedite the promotion of relevant research and development project:
1. The following matters related to such research and development project:
(a) Purpose;
(b) Support details;
(c) Support period;
(d) Whether it is categorized as a classified task pursuant to Article 21 (2) of the Act (excluding cases where it is difficult to publicly announce the relevant matters);
2. The following matters regarding the research and development institute that seeks to conduct the research and development project:
(a) Qualifications to apply for the research and development project;
(b) Detailed standards and procedures for proposal evaluation under Article 10 (2) of the Act.
(2) An institute or organization that intends to participate in the public contest pursuant to the main clause, with the exception of the subparagraphs, of Article 9 (4) of the Act shall submit a standard research and development plan in the form prescribed by Ministerial Decree of Science and ICT (hereinafter referred to as "research and development plan") to the head of the relevant central administrative agency.
(3) The research and development plan shall include the following matters: <Amended on Feb. 6, 2024.>
1. Necessity of the research and development project;
2. Goal of the research and development project;
3. Strategies, methods, and system for promoting the research and development project;
4. Plan for utilization of research and development outcomes and expected effects;
5. General plan for the use of research and development expenses;
6. Major research achievements of the research director;
7. National research and development projects which the research director has applied for, is performing, or has performed;
8. Matters regarding the administrative or financial support the research director has received from foreign governments, institutions, organizations, etc. or the consideration he or she has received for providing labor services, advice, etc. during the research and development period;
9. Other details publicly announced by the head of a central administrative agency as deemed necessary to be included in the research and development plan for the performance of the research and development project.
(4) The head of the central administrative agency shall endeavor to support the strategic investigation and analysis of intellectual property rights for research and development projects that directly produce products and devices in the field of materials, components, and equipment or improve products and devices already produced or installed in the field of materials, components, and equipment pursuant to subparagraphs 1 and 2 of Article 2 of the Special Measures for Strengthening Competitiveness and Stabilizing Supply Chains Act, where the total amount of government-supported research and development expenses during the entire research and development period is 1.5 billion won or more.<Amended on Dec. 5, 2023>
(5) Where making a public announcement pursuant to paragraph (1), the head of the central administrative agency may include the matters under paragraph (4) in those specified in paragraph (1) 1 (b).
 Article 10 (Research and development projects and designation procedures for research and development institutes)
(1) Where the head of a central administrative agency intends to select a research and development project and a research and development institute through a method other than a public contest, such as designating a research and development institute pursuant to the proviso, with the exception of the subparagraphs, of Article 9 (4) of the Act, the head of the central administrative agency shall request the relevant institution or organization to submit a research and development plan to the head of the central administrative agency within a specified period. In this case, the research and development plan shall include the matters specified in the subparagraphs of Article 9 (3).
(2) An institute or organization that has received a request under paragraph (1) shall submit a research and development plan to the head of the central administrative agency within the period specified in that paragraph.
 Article 11 (Pre-examination of research and development projects and research and development institutes)
"Matters prescribed by Presidential Decree" in Article 10 (1) of the Act means the following matters regarding an institute, organizations, and researcher that has applied for performance of a research and development project:
1. Whether the applicant is subject to restriction on participation under Article 32 (1) of the Act;
2. Whether the applicant is eligible to apply pursuant to Article 9 (1) 2 (a).
 Article 12 (Proposal evaluation of research and development projects and research and development institutes)
(1) In order to conduct a proposal evaluation pursuant to Article 10 (2) of the Act (hereinafter referred to as "proposal evaluation"), the head of a central administrative agency shall verify, based on the results of pre-examination conducted under paragraph (1) of that Article, that the institute, organization, or researcher to be evaluated for the proposal evaluation is not subject to restriction on participation under Article 32-1 (1) of the Act and is qualified to apply pursuant to Article 9 (1) 2 (a).
(2) "Matters prescribed by Presidential Decree" in Article 10 (2) 5 of the Act means the following matters:
1. Differentiation between the research and development project subject to proposal evaluation and other research and development projects that have been promoted or are being promoted as national research and development programs;
2. Feasibility of the plan to build research facilities and equipment related to the research and development project;
3. Possibility of domestic and international linkage and cooperation in the research and development project.
(3) Where examining the differentiation under paragraph (2) 1, the head of the central administrative agency shall evaluate whether there is any of the following matters exist between the research and development project subject to proposal evaluation and other research and development projects.
1. The need for competition or complementarity;.14}
2. Differences in research and development topics, goals, and performance methods.
(4) Where conducting the proposal evaluation, the head of the central administrative agency may give preferential treatment to a research and development institute in accordance with the standards for proposal evaluation under Article 9 (1) 2 (b).
(5) Where conducting the proposal evaluation, the head of the central administrative agency may give unfavorable treatment to a research and development institute that falls under any of the following cases in accordance with the standards for proposal selection under Article 9 (1) 2 (b):
1. Where the applicant has been sanctioned for the reason under Article 32 (1) 3 of the Act within the last 3 years;
2. Where the applicant has abandoned any research and development project without good cause within the last 3 years.
(6) The head of the central administrative agency may request the head of a research and development institute selected pursuant to Article 10 (2) of the Act to supplement its research and development plan to reflect evaluation opinions within a specified period of not more than 20 days. In this case, the head of the research and development institute that has received the request shall submit a supplemented research and development plan to the head of the relevant central administrative agency within the period unless there is good cause not to do so.
 Article 13 (Conclusion of agreements on research and development projects)
(1) "Matters prescribed by Presidential Decree" in Article 11 (1) 4 of the Act means the following:
1. Matters related to support necessary for securing research ethics under Article 31 (4) of the Act;
2. Matters related to registration and deposit of research and development outcomes under to Article 33;
3. Matters related to consent to the collection and utilization of research and development information;
4. Matters related to the expansion, upgrading, management, and utilization of research and development facilities and equipment under Article 28 of the Framework Act on Science and Technology;
5. Matters related to research safety in accordance with related statutes and regulations, such as the Act on the Establishment of Safe Laboratory Environment and the Occupational Safety and Health Act.
(2) The head of the central administrative agency shall, unless there are special circumstances, conclude an agreement pursuant to the former part of Article 11 (1) of the Act (hereinafter referred to as "agreement on the research and development project agreement") within 30 days from the date of notification of the results of evaluation under Article 14 (5) of the Act.
(3) The standard form of research and development project agreement is prescribed by Ministerial Decree of Science and ICT.
 Article 14 (Changes in agreement on research and development project)
(1) If a party to an agreement on a research and development project intends to change the contents of the agreement pursuant to Article 11 (2) of the Act, it shall clearly notify the other party to the agreement in advance in writing of the reasons and contents of the change in the agreement on the research and development project and conduct mutual consultation.
(2) "Minor matters prescribed by Presidential Decree" in Article 11 (3) of the Act means the following matters:
1. Change in the method of promoting the research and development project;
2. Change in researchers (excluding the research director) conducting the research and development project;
3. Change in the outlined plan for the use of research and development expenses (excluding increases in indirect costs and research allowances);
4. Change that does not affect the performance of the research and development project, such as change in the contact information of the research and development institute and in the personnel dedicated to research support (hereinafter referred to as "research support personnel");
5. Matters separately determined by the head of the research and development institute in the agreement on the research and development project with the head of the central administrative agency for efficient and easy performance of the research and development project;
6. Matters requiring changes to the agreement on the research and development project because the head of the central administrative agency changes the research and development project pursuant to Article 12 (3) or 15 (1) of the Act.
(3) The head of a research and development institute may make a notification pursuant to Article 11 (3) of the Act by registering matters under paragraph (2) 1 through 5 in the integrated information system.
 Article 15 (Cancellation of agreement on research and development project)
(1) Pursuant to Article 11 (4) of the Act, the head of the research and development institute shall report the details of the use of research and development expenses up to the time of cancellation to the head of the central administrative agency within 3 months from the date of cancellation of the agreement on the research and development project.
(2) Article 26 shall apply mutatis mutandis to necessary measures such as settlement of research and development expenses under Article 11 (4) of the Act.
 Article 16 (Evaluation of research and development projects)
(1) "Matters prescribed by Presidential Decree, such as the performance process of research and development project and research and development outcomes" in the main clause of Article 12 (2) of the Act means the following evaluation matters:
1. The performance process and details of the research and development project;
2. The performance results of the research and development project and the extent to which goals have been achieved;
3. The research and development outcomes and the level of contribution to related fields;
4. The plan for the management and utilization of research and development outcomes;
5. The plan for the performance of the research and development project after the stage evaluation under the main clause of Article 12 (2) of the Act (hereinafter referred to as "stage evaluation").
(2) The head of a central administrative agency may rate the results of a stage evaluation or a final evaluation under the main clause of Article 12 (2) of the Act (hereinafter referred to as "final evaluation") as determined by the Minister of Science and ICT; provided, if the performance process of the research and development project is inappropriate and the research and development performance is extremely inadequate compared to the performance plan, an extremely poor grade should be determined and the results of the stage evaluation or final evaluation shall be rated according to that grade.
(3) "Cases prescribed by Presidential Decree, such as a research and development project categorized as a classified task or a research and development project whose evaluation is deemed unnecessary by the head of the central administrative agency" in the proviso of Article 12 (2) of the Act means the following cases:
1. Where the research and development project is categorized as a classified task pursuant to Article 21 (2) of the Act;
2. Where the head of the central administrative agency recognizes that evaluation is not required for the subject research and development project;
3. Where the research and development expenses of the research and development project is not more than 100 million won.
 Article 17 (Measures following evaluation of research and development projects)
(1) If the results of the stage evaluation of a research and development project fall under any of the following, the head of the central administrative agency may suspend the relevant research and development project pursuant to Article 12 (3) of the Act: <Amended on Dec. 31, 2021>
1. If it has received an extremely poor rating;
2. Where it fails to meet the requirements for the continuity of research performance publicly announced pursuant to Article 24-3 (3) of the Enforcement Decree of the Framework Act on Science and Technology are not met.
(2) Where the head of the central administrative agency intends to suspend the research and development project pursuant to paragraph (1), he or she shall notify the head of the relevant research and development institute in advance of the matters specified in the subparagraphs of Article 21 (1) of the Administrative Procedure Act, including the suspension of the research and development project.
(3) The head of a research and development institute who has an objection to the suspension of a research and development project notified pursuant to paragraph (2) may submit an opinion requesting a review of the notification.
(4) The Minister of Science and ICT may select a research and development project recommended by the head of the relevant central administrative agency, among the research and development projects with excellent final evaluation results, and give appropriate rewards to the researchers who have performed the research and development project.
 Article 18 (Details of reports related to performance of research and development project)
(1) The details of the annual report under Article 12 (4) of the Act (hereinafter referred to as the "annual report") are as follows:
1. Performance process and details of, and results of the research and development project;
2. A plan for a future research and development project.
(2) The details of the stage report under the former part of Article 12 (5) of the Act (hereinafter referred to as the "stage report") are as follows:
1. Overview of the research and development project;
2. Performance process and details of the research and development project;
3. Performance results of the research and development project and the extent to which the goals have been achieved;
4. Research and development outcomes and the level of contribution to related fields;
5. Plan for the management and utilization of research and development outcomes;
6. Plan for a future research and development project.
(3) The details of the final report under the former part of Article 12 (5) of the Act (hereinafter referred to as "final report") are as follows:
1. Overview of the research and development project;
2. Performance process and details of the research and development project;
3. Performance results of the research and development project and the extent to which the goals have been achieved;
4. Research and development outcomes and the level of contribution to related fields;
5. Plan for the management and utilization of research and development outcomes;
(4) Pursuant to Article 12 (4) and (5) of the Act, research and development institutes and research directors shall submit annual reports, stage reports, and final reports to the heads of the central administrative agencies by the date specified in following subparagraphs:
1. Annual report: Until the end of each year's research and development period;
2. Stage report: The date on which each stage of the research and development project is completed;
3. Final report: 60 days after the end date of the research and development project agreement.
(5) The details of the report on utilization of outcomes under Article 12 (6) of the Act (hereinafter referred to as the "report on utilization of outcomes") are as follows:
1. Specific details and utilization results of research and development outcomes;
2. Scientific, technological, social and economic ripple effects of research and development outcomes;
3. Other research and development outcomes recognized by the head of the central administrative agency as necessary to be included in the report on utilization of outcomes, such as establishment and utilization of research and development infrastructure.
(6) The standard forms of the annual report, stage report, final report, and report on utilization of outcomes shall be prescribed by Ministerial Decree of Science and ICT.
 Article 19 (Support and burden of research and development expenses)
(1) The head of a central administrative agency shall require any of the following research and development institutes to pay the research and development expenses borne by the research and development institute under Article 13 (1) of the Act (hereinafter referred to as "institute-borne research and development expenses"): <Amended on Dec. 31, 2021>
1. Small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises (hereinafter referred to as "small and medium enterprises");
2. Middle-standing enterprises under subparagraph 1 of Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;
3. Public enterprises under Article 5 (4) 1 of the Act on the Management of Public Institutions, and local government-directly operated enterprises, local government-invested public corporations, and public agencies under the Local Public Enterprises Act;
4. Enterprises that do not fall under subparagraphs 1 through 3.
(2) Notwithstanding paragraph (1), the head of a central administrative agency need not require a research and development institute under the subparagraphs of paragraph (1) to pay the institute-borne research and development expenses if it falls under any of the following subparagraphs: <Amended on Oct. 19, 2021>
1. Where the ownership of the research and development outcomes of the relevant research and development institute shall vest in the State;
2. Where the research and development institute performs a part of the research and development project as an entrusted research and development institute;
3. Where a professional research business entity that has reported pursuant to Article 6 (1) of the Research Industry Promotion Act performs a research and development project as a joint research and development institute for the sole purpose of providing research and development services, including testing and analysis.
(3) The standards for payment of research and development expenses reimbursed by the Government pursuant to Article 13 (1) of the Act (hereinafter referred to as "Government-reimbursed research and development expenses") and the standards for payment of institute-borne research and development expenses shall be shown in Appendix 1.
(4) The head of a central administrative agency may require research and development institutes (excluding research and development institutes under the subparagraphs of paragraph (1)) that perform the following research and development projects to pay the institute-borne research and development expenses in accordance with the agreement on the research and development project: <Amended on Feb. 28, 2022>
1. Research and development projects with the main purpose of establishing research and development facilities and equipment;
2. Research and development projects with the main purpose of training research and development personnel;
3. Research and development projects promoted by the National Research Council of Science and Technology under subparagraph 4 of Article 21 of the Act on the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, among the basic programs under the proviso of Article 4 of the Act.
 Article 20 (Purpose of use of research and development expenses)
(1) The purpose of use of research and development expenses under Article 13 (3) of the Act is as shown in Appendix 2.
(2) Deleted. <Feb. 28, 2022>
(3) Interest from Government-reimbursed research and development expenses shall be used for the following purposes; provided, interest accrued after the end of the research and development period shall be used for the purposes specified in subparagraph 4 or 5:
1. Inclusion in the research and development expenses of the relevant research and development project;
2. Reinvestment in research and development;
3. Strengthening capabilities to support the creation, protection and utilization of research and development outcomes;
4. Payment to the National Treasury;
5. Other purposes of use approved by the head of the central administrative agency.
(4) "Matters prescribed by Presidential Decree" in Article 13 (4) 4 of the Act means the following matters related to the purposes of use of research and development expenses specified in paragraph (1):
1. Usage criteria for using student labor expenses;
2. Criteria for use of research facilities and equipment;
3. Procedures for the execution of research and development expenses by purpose of use.
 Article 21 (Composition of Indirect Cost Accounting Standard Calculation Committee)
(1) In order to objectively and fairly calculate indirect cost accounting standards for each research and development institute pursuant to Article 13 (4) 2 of the Act (hereinafter referred to as "indirect cost accounting standards"), an indirect cost accounting standard calculation committee (hereinafter referred to as the "Calculation Committee") shall be established under the Ministry of Science and ICT.
(2) The Calculation Committee shall be composed of up to 30 members, including 1 chairperson, taking into account gender equality, relevant expertise and experience, etc.
(3) The chairperson of the Calculation Committee shall be appointed by the Minister of Science and ICT from among members in general service of the Senior Executive Service of the Ministry of Science and ICT.
(4) The members of the Calculation Committee are appointed or commissioned by the Minister of Science and ICT from among the following persons:
1. Ex officio members: Persons designated by the heads of the respective central administrative agencies from among director-level public officials (including the head of a team) of the Ministry of Strategy and Finance, Ministry of Education, Ministry of Science and ICT, Ministry of National Defense, Ministry of Culture, Sports and Tourism, Ministry of Agriculture, Food and Rural Affairs, Ministry of Trade, Industry and Energy, Ministry of Health and Welfare, Ministry of Environment, Ministry of Land, Infrastructure and Transport, Ministry of Oceans and Fisheries, Ministry of SMEs and Startups, Nuclear Safety and Security Commission, Rural Development Administration, Forest Service, and Korea Meteorological Administration;
2. Commissioned members: Persons appointed by the Minister of Science and ICT from among experts in research communities, academia, and industry;
(5) The term of office of a commissioned member under paragraph (4) 2 shall be 2 years.
(6) In order to handle the business affairs of the Calculation Committee, the Calculation Committee shall have 1 executive secretary, and the executive secretary shall be a person designated by the Minister of Science and ICT from among the director-level public officials of the Ministry of Science and ICT.
(7) If a commissioned member under paragraph (4) 2 falls under any of the following categories, the Minister of Science and ICT may dismiss the member:
1. If a member becomes incapable of performing his or her duties due to mental or physical disability;
2. If a member commits misconduct in connection with his or her duties;
3. If a member is deemed unsuitable to serve as a member due to neglect of duty, injury to dignity, or any other reason;
4. If a member fails to recuse him or herself despite falling under any of grounds for exclusion under the subparagraphs of Article 23 (1);
5. If a member indicates that it is difficult for him or her to perform the duties.
(8) Details regarding the composition of the Calculation Committee under paragraphs (1) through (7) shall be determined and publicly notified by the Minister of Science and ICT.
 Article 22 (Operation of Calculation Committee)
(1) The Calculation Committee shall deliberate on the following:
1. Matters related to institutions subject to indirect cost accounting standards;
2. Matters related to the calculation of indirect cost accounting standards;
3. Matters related to the operation of the Calculation Committee and subcommittees;
4. Other matters deemed necessary by the Minister of Science and ICT regarding indirect cost accounting standards.
(2) The Minister of Science and ICT may establish subcommittees of the Calculation Committee to professionally review matters deliberated by the Calculation Committee.
(3) Meetings of the Calculation Committee shall be convened by the chairperson of the Calculation Committee; a majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of at least a majority of those present.
(4) Except as provided in paragraphs (1) through (3), details regarding the operation of the Calculation Committee shall be determined and publicly notified by the Minister of Science and ICT.
 Article 23 (Exclusion and recusal of member of Calculation Committee)
(1) If a member of the Calculation Committee falls under any of the following categories, he or she shall be excluded from the deliberation and decision-making process of the Calculation Committee:
1. If a member of the Calculation Committee has provided advice, research, testimony, statement, appraisal, or investigation on the relevant agenda item;
2. If a company, etc., in which a member of the Calculation Committee serves as an executive officer or employee or has served as an executive officer or employee within the last 3 years, has provided advice, research, services (including subcontracted services), appraisal, or investigation on the relevant agenda item.
(2) If a member of the Calculation Committee falls under any of the grounds for exclusion under the subparagraphs of paragraph (1), he or she shall voluntarily recuse him or herself from deliberation and decision-making on the relevant agenda item.
 Article 24 (Management of research and development expenses)
(1) The head of a research and development institute shall create a separate account for each research and development project in the integrated information system and shall be issued a credit or debit card linked to the account (hereinafter referred to as "research and development expense card") where managing Government-reimbursed research and development expenses pursuant to Article 13 (5) of the Act.
(2) Where spending research and development expenses, the head of a research and development institute shall use a research and development expense card or spend the research and development expenses in the form of bank transfer; provided, if it is not possible to use a research and development expense card or make a bank transfer, cash may be used to pay for research and development expenses.
(3) When spending research and development expenses, the head of a research and development institute shall have proof data that provide a basis for research and development expenditures; provided, if the head of a research and development institute registers the proof data in the integrated information system (excluding cases where data that cannot be utilized as the basis for research and development expenditure are registered), it shall be deemed to have the corresponding proof. <Amended on Feb. 6, 2024.>
(4) The head of a research and development institute may open a consolidated account to manage research and development expenses efficiently; provided, the foregoing shall not apply to research and development institute falling under Article 19 (1) 1, 2, or 4.
 Article 25 (Report on details of use of research and development funds)
Pursuant to Article 13 (6) of the Act, the head of a research and development institute shall report the details of use of annual research and development expenses for each research and development project to the head of the central administrative agency within one month after the end of the annual research and development period. In this case, the head of the research and development institute can report the details of use of research and development expenses by registering them through the integrated information system. <Amended on Dec. 6, 2022>
 Article 26 (Settlement of research and development expenses)
(1) The head of a research and development institute shall submit a report on the use of research and development expenses in the form prescribed by Ministerial Decree of Science and ICT within 3 months from the end date of each stage of the research and development project, stating the purpose and performance of use of the research and development expenses for the relevant stage (including the total amount of interest under Article 20 (3) and the purpose and performance of use of the interest) to the head of the central administrative agency.
(2) The head of a central administrative agency who has received a report on the use of research and development expenses under paragraph (1) shall conduct the settlement of research and development expenses pursuant to Article 13 (7) of the Act by examining whether the purpose and performance of use stated in the report are in compliance with the purpose of use of research and development expenses under Article 20 (1) (hereinafter referred to as the "purpose of use") and the standards for use of research and development expenses under Article 13 (4) of the Act (hereinafter referred to as the "standards for use"). <Amended on Feb. 28, 2022>
(3) Notwithstanding paragraph (2), in the case of a research and development project that falls under any of the following subparagraphs, the head of a central administrative agency may conduct the settlement of research and development expenses under Article 13 (7) of the Act by verifying whether a report on the use of research and development expenses is submitted: <Amended on Feb. 28, 2022>
1. Research and development projects performed in relation to the basic programs under the proviso to Article 4 of the Act;
2. Research and development projects performed by research and development institutes with excellent results in the evaluation of the research support system pursuant to Article 25 of the Act;
3. Other research and development projects performed by research and development institutes recognized by the head of the central administrative agency as having sufficient self-settlement capabilities.
(4) If it is suspected that a research and development institute has used research and development expenses, in violation of the purpose of use and standards for use, the head of the central administrative agency may request the relevant research and development institute to submit relevant data in the course of settling research and development expenses pursuant to paragraph (2).
(5) The head of the central administrative agency shall recover the following amounts from the Government-reimbursed research and development expenses paid to the research and development institute based on the results of the settlement conducted under Article 13 (7) of the Act; provided, such amounts shall not be recovered in cases determined and publicly notified by the Minister of Science and ICT, such as where the research and development project has been performed in relation to a basic program under the proviso of Article 4 of the Act, or where the research and development institute permanently closes down: Amended on Feb. 6, 2024.>
1. Balance of direct costs (excluding student labor expenses or research facilities and equipment expenses that are subject to the standards for use under Article 20 (4) 1 or 2);
2. If it is found that the research and development institute has used the research and development expenses, in violation of the purpose of use and standards for use, based on the results of settlement conducted under paragraph (2), the full amount of the research and development expenses used in violation;
3. If the ratio of execution of indirect costs of a research and development project for which the ratio of execution of direct costs is 50/100 or less exceeds the ratio of execution of the direct costs, the amount calculated according to the following formula:
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4. If the agreement on the research and development project is canceled pursuant to Article 11 (4) of the Act, the balance of indirect costs;
5. If the research and development institute falls under Article 19 (1) 1, 2 or 4, the balance of indirect costs;
6. The amount equivalent to the amount not actually borne by the research and development institute among the research and development expenses borne by the institution, as determined and publicly notified by the Minister of Science and ICT.
(6) The head of the central administrative agency shall pay the research and development expenses recovered pursuant to Article 13 (7) of the Act the National Treasury.
 Article 27 (Composition of research and development project evaluation group)
(1) In order to secure the expertise of an evaluation group of a research and development project pursuant to Article 14 (1) of the Act (hereinafter referred to as "research and development project evaluation group"), the Minister of Science and ICT shall organize a group of candidates for the research and development project evaluation members that constitutes the research and development project evaluation group. In this case, the Minister of Science and ICT shall reflect opinions regarding the composition of the group of candidates for the research and development project evaluation members submitted by the head of the relevant central administrative agency.
(2) The head of a central administrative agency shall select research and development project evaluation members from the group of candidates under paragraph (1) and form a research and development project evaluation group.
(3) Where the head of a central administrative agency intends to select a research and development project evaluation member pursuant to paragraph (2), he or she shall exclude the following persons:
1. A researcher of the research and development project subject to evaluation;
2. A person who has or had a kinship relationship under the Civil Act with the person under subparagraph 1;
3. When two different research and development projects are being evaluated simultaneously, and if the researcher of each research and development project is involved in the evaluation of the other research and development, the researcher of each research and development project;
4. A person affiliated with the same organization as the research director of the research and development project subject to evaluation. In this case, if any of the following applies, exclusion may be limited to a person who is affiliated with the lowest unit, such as a department, integrated department (limited to cases where the integrated department does not have a department), or unit:
(a) Schools under the subparagraphs of Article 2 of the Higher Education Act;
(b) Government-funded research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
(c) Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
(d) Research institutes under subparagraphs 1 through 3 and 3 -2 of Article 3 of the Enforcement Decree of the Specific Research Institutes Support Act;
5. Public officials of the relevant central administrative agency and executive officers and employees of specialized institutions (excluding employees engaged in planning, analysis, and evaluation of research and development projects and research management experts recognized by the head of the central administrative agency).
(4) Notwithstanding paragraph (3), the head of the central administrative agency may select a person falling under subparagraph 2 through 5 of paragraph (3) as a research and development project evaluation member in consideration of the expertise required for the evaluation, depending on the content of the research and development project subject to evaluation.
(5) When the head of a central administrative agency organizes a research and development project evaluation group to conduct a stage evaluation, final evaluation, or special evaluation under Article 15 (1) of the Act (hereinafter referred to as "special evaluation"), priority will be given to those who participated in the selection evaluation.
 Article 28 (Composition and operation of the deliberative committee)
(1) When forming a deliberative committee pursuant to Article 14 (4) of the Act (hereinafter referred to as "deliberative committee"), the head of a central administrative agency shall consider the field, characteristics, scale, etc. of the national research and development program under his or her jurisdiction.
(2) The members of the deliberative committee shall consist of up to 20 members, including one chairperson, and shall be commissioned by the head of the central administrative agency taking into account gender equality and expertise related to national research and development programs.
(3) The chairperson of the deliberative committee is appointed by the head of the central administrative agency from among the members.
(4) Meetings of the deliberative committee shall be convened by the chairperson of the deliberative committee; a majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of at least a majority of those present.
(5) In order to handle the business affairs of the deliberative committee, the deliberative committee shall have 1 executive secretary who shall be appointed by the head of the central administrative agency from among the public officials of at least Grade V in general service of the central administrative agency.
 Article 29 (Notification of evaluation results)
(1) "Person prescribed by Presidential Decree, such as the relevant research and development institute" in Article 14 (5) of the Act, means a person falling under any of the following categories:
1. Selection evaluation: the research and development institute and research director that has applied to perform the relevant research and development project;
2. Stage evaluation, final evaluation, special evaluation: The research and development institute and research director that are subject to evaluation.
(2) The head of the central administrative agency may disclose the results of evaluation under Article 14 (4) of the Act through the integrated information system.
 Article 30 (Objection)
A person who intends to file an objection pursuant to Article 14 (6) of the Act shall write down the following matters in the form of objection prescribed by Ministerial Decree of Science and ICT and submit it to the head of the central administrative agency:
1. Name, title and address of the applicant;
2. Date of notification of evaluation results;
3. Notified evaluation results;
4. Purpose and reason for objection.
 Article 31 (Conduct of special evaluation)
(1) If intending to conduct a special evaluation pursuant to Article 15 (1) of the Act, the head of the central administrative agency shall notify the research and development institute and the research director of the following matters:
1. Timing of special evaluation;
2. Reasons for conducting the special evaluation;
3. Deadline for submitting explanatory materials;
4. The fact that the relevant research and development project may be changed or discontinued as a result of the special evaluation.
(2) A research and development institute or research director that intends to request change or suspension pursuant to Article 15 (2) of the Act shall submit the request form prescribed by Ministerial Decree of Science and ICT to the head of the central administrative agency along with documents proving that the relevant project falls under one of the subparagraphs of Article 15 (2) of the Act.
(3) The head of the central administrative agency shall conduct a final evaluation if the research and development project is suspended after a special evaluation for any of the following reasons: <Newly inserted on Dec. 31, 2021>
1. Reason under Article 15 (1) 3 of the Act;
2. Reason under Article 15 (1) 4 of the Act (limited to cases where the research and development institute or the research director has requested the suspension of the research and development project for the reason under paragraph (2) 1 of that Article).
 Article 32 (Ownership of research and development outcomes)
(1) Where multiple research and development institutes jointly perform a research and development project pursuant to Article 16 (2) of the Act, the detailed standards for ownership of the research and development outcomes are as follows:
1. Where multiple research and development institutes each create research and development outcomes: The research and development institute that has created the research and development outcomes owns the relevant research and development outcomes;
2. Where multiple research and development institutes jointly create research and development outcomes: The ownership ratio shall be determined based on the contribution to creating the research and development outcomes, but the ownership ratio and implementation of the research and development outcomes are determined in accordance with the agreement between the research and development institutes (referring to the act of using, transferring, renting or exporting research and development outcomes, or making an offer for transfer or rental of research and development outcomes: hereinafter the same shall apply);
3. Where an entrusted research and development institute has created the research and development outcomes: The ownership shall vest in the supervising research and development institute.
(2) If a research and development institute conducts research jointly with an institute or organization located in a foreign country, or a foreigner, as prescribed in the agreement on the research and development project, the head of the central administrative agency shall vest the ownership of the research and development outcomes in the domestic research and development institute or provide support for the institute to preferentially implement the research and development outcomes.
(3) Where the ownership of research and development outcomes shall vest in the State pursuant to Article 16 (3) of the Act, the head of the central administrative agency shall include the relevant details in the agreement on the research and development project.
(4) "Cases prescribed by Presidential Decree" in Article 16 (3) 4 of the Act means where any of the reasons under Article 16 (3) 1 through 3 of the Act occurs after the conclusion of the agreement on the research and development project, including the provisions that the ownership of the research and development outcomes shall vest in the State.
(5) If the head of a research and development institute intends to apply domestically for intellectual property rights, such as a patent, as research and development outcomes, he or she shall enter the following information in the patent application form, etc.:
1. Name of the research and development project;
2. Research and development project number assigned through the integrated information system for identification of the research and development project;
3. Central administrative agency that has supported research and development project.
 Article 33 (Management of research and development outcomes)
(1) Deleted. <Jun. 28, 2022>
(2) Deleted. <Jun. 28, 2022>
(3) The head of a research and development institute or the head of a central administrative agency shall register and deposit research and development outcomes with a dedicated institution for the management and distribution of research outcomes designated pursuant to Article 26 (1) of the Act on Performance Evaluation and Management of National Research and Development Programs (hereinafter referred to as the "dedicated institution") in accordance with procedures separately established by the dedicated institution; provided, that the foregoing shall not apply where the Korean Intellectual Property Office furnishes the relevant patent information to the dedicated institution. <Amended on Jun. 28, 2022>
(4) The objects and scope of registration and deposit of research and development outcomes under paragraph (3) are as shown in Appendix 4. <Amended on 2022. 6. 28.>
(5) Deleted. <Jun. 28, 2022>
(6) Deleted. <Jun. 28, 2022>
(7) Deleted. <Jun. 28, 2022>
 Article 34 (Utilization of research and development outcomes)
(1) The head of a research and development institute that has owned research and development outcomes (hereinafter referred to as "institute owning research and development outcomes") shall take necessary measures to utilize the research and development outcomes, including directly implementing research and development outcomes pursuant to Article 17 (1) of the Act, or entering into a contract for implementation of research and development outcomes (hereinafter referred to as "technology implementation agreement") with a person who intends to implement research and development outcomes pursuant to Article 18 (1) of the Act.
(2) When entering into a technology implementation contract pursuant to paragraph (1), the head of the institute owning research and development outcomes shall ensure that the research and development institute that has created the subject research and development outcomes is given priority for the implementation of the research and development outcomes.
(3) When the head of the research and development performance-owning institution implements the research and development outcomes owned pursuant to Article 16 (1) or (2) of the Act, the research and development outcomes owned by another research and development institute arising from the same research and development project are If it is necessary to implement research and development outcomes, the head of the relevant research and development institute must be requested to implement the relevant research and development outcomes, and the head of the research and development institute that has received the request must permit such implementation. In this case, the implementation period and conditions shall be determined by mutual agreement, but the implementation period and conditions shall be given preferential treatment to the research and development institute that requested implementation over others.
(4) If the head of an institute owning research and development outcomes intends to renounce intellectual property rights registered at home or abroad, he or she shall preferentially consider transferring such intellectual property rights to researchers or small and medium enterprises that have contributed to the creation of the intellectual property rights. In this case, Article 41 shall apply mutatis mutandis to the use of the revenues accrued from the transfer. <Amended on Dec. 6, 2022; Sep. 19, 2023>
(5) The head of an institute owning research and development outcomes shall prepare and operate operating regulations on the management of intellectual property rights registered at home and abroad. <Newly inserted on Sep. 19, 2023>
(6) The head of the central administrative agency may request the head of the institute owning research and development outcomes to submit operational results in accordance with the operating regulations in paragraph (5). <Newly established on Sep. 19, 2023>
 Article 35 (Disclosure of research and development outcomes)
(1) Research and development institutes and researchers shall disclose the following data through the integrated information system within 3 months from the date of submitting the final report pursuant to the main clause of Article 17 (2) of the Act; provided, if the head of the central administrative agency recognizes that it is not possible to disclose within 3 months due to the nature of research and development outcomes, such as the necessity of publication or publication in an academic journal, and sets a different deadline for disclosure deadline, it may be disclosed by that deadline: <Amended on Jun. 28, 2022>
1. Final report;
2. List of research and development outcomes registered and deposited with a dedicated organization pursuant to the main clause of Article 33 (3).
(2) The head of the research and development institute may request approval for non-disclosure of all or part of the research and development outcomes from the head of the central administrative agency pursuant to the proviso of Article 17 (2) of the Act in any of the following cases: <Amended on Dec. 5, 2023; Feb. 6, 2024>
1. Where conducting a research and development project related to national core technologies pursuant to subparagraph 2 of Article 2 of the Act on Prevention of Divulgence and Protection of industrial Technology;
2. Where conducting a research and development project related to core strategic technologies defined in subparagraph 3 of Article 2 of the Act on Special Measures to Strengthen Competitiveness and Stabilize Supply Chain of Materials, Components, and Equipment Industry;
3. When conducting a research and development project classified as a classified task in accordance with Article 21 (2) of the Act;
4. When the head of the research and development institute seeks to acquire intellectual property rights for the relevant research and development outcomes;
5. Where the head of the relevant research and development institute requests non-disclosure pursuant to an agreement, treaty, memorandum of understanding, etc. with a foreign government, institute, or organization;
6. Where a small or medium enterprise has deposited its research and development outcomes into an escrow account pursuant to Article 24-2 of the Act on the Promotion of Mutually Beneficial Cooperation between Large Enterprises and Small and Medium Enterprises;
7. Where there is other good cause, such as protection of trade secrets.
(3) The head of the central administrative agency that has received a request pursuant to paragraph (2) may approve non-disclosure of the research and development outcomes within the period under the following categories:
1. Cases that fall under any of paragraph (2) 1 through 3: Within 3 years;
2. Cases that fall under any of paragraph (2) 4 through 7: Within 1 year and 6 months.
(4) If there are reasons to extend the non-disclosure period of research and development outcomes, the head of the research and development institute may request the head of the central administrative agency to extend the non-disclosure period from 3 months before the end of the non-disclosure period approved pursuant to paragraph (3) until the day before the end of the period.
(5) The head of a central administrative agency that has received a request pursuant to paragraph (4) may approve the extension of the non-disclosure period within the scope of the period specified in each subparagraph of paragraph (3) after examining the grounds.
 Article 36 (Support for joint utilization of research and development outcomes)
Pursuant to Article 17 (4) of the Act, the head of a central administrative agency shall cooperate with the head of a public research institute under Article 11 of the Technology Transfer and Commercialization Promotion Act and the director of an industry-academic cooperation foundation under Article 25 of the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act to promote technology transactions and transfers for the transfer, diffusion, and commercialization of research and development outcomes and support for subsequent research and development projects.
 Article 37 (Tracing investigation for promotion of utilization of research and development outcomes)
(1) In order to conduct a tracing investigation pursuant to Article 17 (5) of the Act, the head of a central administrative agency may require the head of a research and development institute to submit an outcome utilization report by the last day of February every year for 5 years starting from the year following the year in which the research and development project is completed.
(2) The Minister of Science and ICT may, in consultation with the heads of relevant central administrative agencies, support tracing investigations under Article 17 (5) of the Act, prepare detailed guidelines for tracing investigations and provide them to the heads of the relevant central administrative agencies.
 Article 38 (Payment of royalties)
(1) Where an entity owning research and development outcomes enters into a technology implementation agreement and collects royalties pursuant to Article 18 (1) of the Act, it shall submit a report on the results of collecting royalties to the head of the central administrative agency.
(2) "Entity owning research and development outcomes as prescribed by Presidential Decree, such as a company under Article 169 of the Commercial Act" in Article 18 (2) of the Act means any of the entities owning research and development outcomes under the subparagraphs of Article 19 (1) (hereinafter referred to as "entity obligated to pay royalties, etc.").
(3) Pursuant to Article 18 (2) of the Act, an entity obligated to pay royalties, etc., that has collected royalties shall pay the payment amount calculated according to the following classifications to the head of the central administrative agency by the day that is 5 years from the year following the year in which the date of first collection of royalties falls, or by the day that is 7 years from the day on which the research and development project was completed, whichever comes first:
1. Entities obligated to pay royalties, etc. falling under Article 19 (1) 1: The amount obtained by multiplying the collected royalties by 5/100. In this case, the upper limit is the amount obtained by the Government-reimbursed research and development expenses by 10/100;
2. Entities obligated to pay royalties, etc. falling under Article 19 (1) 2: The amount obtained by multiplying the collected royalties by 10/100. In this case, the upper limit is the amount obtained by multiplying the Government-reimbursed research and development expenses by 20/100;
3. Entities obligated to pay royalties, etc. falling under Article 19 (1) 3 or 4: The amount obtained by multiplying the amount of royalties collected by 20/100. In this case, the upper limit is the amount obtained by multiplying the Government-reimbursed research and development expenses by 40/100.
(4) The head of the central administrative agency that has received the report on the results of collection of royalties under paragraph (1) shall send a payment notice stating the payment amount calculated pursuant to paragraph (3) and the payment deadline to the entity obliged to pay royalties, etc. In this case, the head of the central administrative agency may require the relevant payment amount paid in installments.
(5) The head of the entity obliged to pay royalties, etc., who has received a payment notice pursuant to paragraph (4), shall pay the payment amount calculated pursuant to paragraph (3) to the head of the central administrative agency within 90 days from the date of receipt of the notice; provided, if payment cannot be made by the deadline due to a natural disaster, disaster, or other reasons prescribed by the head of the central administrative agency, the head of the central administrative agency may change the payment deadline directly or at the request of the head of the entity obliged to pay royalties, etc.
(6) The head of the central administrative agency shall submit the results of payments under paragraph (3) to the Minister of Science and ICT by December 31 of each year.
 Article 39 (Payment of profits from research and development outcomes)
(1) If an entity obligated to pay royalties, etc. has generated revenue by directly implementing research and development outcomes pursuant to Article 18 (2) of the Act, it shall submit data related to sale to the head of the central administrative agency by June 30 of the year following the year in which the implementation date falls.
(2) Pursuant to Article 18 (2) of the Act, an entity obliged to pay royalties, etc. that has generated revenue from research and development outcomes shall pay the payment amount calculated according to the following classifications to the head of the central administrative agency for each year of revenue generation by the day that is 5 years from the year following the year in which the date of first generation of the revenue falls or by the day that is 7 years from the day on which the research and development project was completed, whichever comes first:
1. Entities obligated to pay royalties, etc. under Article 19 (1) 1: The amount obtained by multiplying the amount of revenue from research and development outcomes by the degree of technological contribution (referring to the ratio determined by the head of the central administrative agency and the head of the research and development institute by the agreement on the research and development projects; hereinafter the same shall apply) and 5/100; provided, the upper limit shall the amount obtained by multiplying the Government-reimbursed research and development expenses by 10/100;
2. Entities obligated to pay royalties, etc. falling under Article 19 (1) 2: The amount obtained by multiplying the amount of revenue from research and development outcomes by the degree of technological contribution and 10/100; provided, the upper limit shall be the amount obtained by multiplying the Government-reimbursed research and development expenses by 20/100;
3. Entities obligated to pay royalties, etc. under Article 19 (1) 3 or 4: The amount obtained by multiplying the amount of revenue from research and development outcomes by the degree of technological contribution and 20/100; provided, the upper limit shall be the amount obtained by multiplying the Government-reimbursed research and development expenses by 40/100.
(3) If an entity obliged to pay royalties, etc. pays the amount corresponding to the upper limit of the payment amount under the proviso of subparagraph 1, 2, or 3 of paragraph (2) the entity need not submit data on sales, notwithstanding paragraph (1). In this case, the agency obligated to pay royalties, etc. shall notify the head of the central administrative agency of its intention in advance in writing. <Newly inserted on Sep. 19, 2023>
(4) If the head of a central administrative agency deems that it is inevitable to adjust the degree of technological contribution under each subparagraph of paragraph (2) due to due to a sudden change in social and economic conditions or the technological market, the head of the central administrative agency may change the degree of technological contribution in consultation with the head of the institution obligated to pay royalties, etc. <Amended on Sep. 19, 2023>
(5) The head of the central administrative agency who has received the data on sales pursuant to paragraph (1) shall send a payment notice stating the payment amount calculated pursuant to paragraph (2) and the payment deadline to the entity obliged to pay royalties, etc. In this case, the head of the central administrative agency may require the payment amount to be paid in installments. <Amended on Sep. 19, 2023>
(6) The head of the entity obligated to pay royalties, etc., who has received a payment notice pursuant to paragraph (5), shall pay the amount calculated pursuant to paragraph (2) within 90 days from the date of receipt of the notice; provided, if payment cannot be made by the deadline due to a natural disaster, disaster, or other reasons prescribed by the head of the central administrative agency, the head of the central administrative agency may change the deadline for payment directly or at the request of the head of the entity obliged to pay royalties, etc. <Amended on Sep. 19, 2023>
⑦ The head of the central administrative agency shall submit the payment results under paragraph (2) to the Minister of Science and ICT by December 31 of each year. <Amended on Sep. 19, 2023>
 Article 40 (Reduction or exemption of royalties)
(1) Deleted. <Feb. 28, 2022>
(2) Pursuant to Article 18 (4) of the Act, the head of the central administrative agency may reduce or exempt all or part of the payment amount in any of the following cases:
1. If the research and development outcomes are related to national security;
2. If a social or economic emergency occurs at the research and development institute;
3. If the management of the research and development institute deteriorates;
4. In other cases where the head of the central administrative agency deems it necessary to reduce or exempt all or part of the payment.
 Article 41 (Use of royalties)
(1) An entity obligated to pay royalties, etc. shall use the royalties collected pursuant to Article 18 (5) of the Act (excluding the amount paid to the head of the central administrative agency pursuant to paragraph (2) of that Article) for the following purposes:
1. Purposes of use under Article 18 (5) 1 and 2 of the Act;
2. Application for, registration of, and maintenance of intellectual property rights;
3. Operating expenses.
(2) Entities owning research and development outcomes (excluding entities obligated to pay royalties, etc.; hereafter the same shall apply in this paragraph and paragraph (3)) shall use the amount corresponding to the portion of Government-reimbursed research and development expenses in the research and development expenses among the royalties collected pursuant to Article 18 (5) of the Act (hereinafter referred to as "Government-shared royalties") for the following criteria for use and use ratio:
1. Compensation for researchers who have participated in the research and development project: 50/100 or more of the Government-shared royalties;
2. Technology transfer/commercialization and intellectual property rights application/registration/maintenance: 15/100 or more of the Government-shared royalties;
3. Compensation for employees, etc. who have contributed to utilizing the outcomes: 10/100 or more of the Government-shared royalties;
4. Research and development reinvestment, institutional operating expenses, etc.: The remaining amount excluding the amount used in accordance with subparagraphs 1 through 3.
(3) The head of the institute owning research and development outcomes shall prepare standards for payment of compensation under paragraph (2) 1 and 3.
(4) The head of the central administrative agency may request the head of the institute owning research and development outcomes under paragraphs (1) and (2) to submit the results of the use of royalties.
CHAPTER III CREATION OF NATIONAL RESEARCH AND DEVELOPMENT INNOVATION ENVIRONMENT
Section 1 Building Foundation for Efficient Promotion of National Research and Development Programs
 Article 42 (Request for provision of data or information)
(1) The head of the central administrative agency shall take measures to ensure that R&D information is jointly utilized by the heads of related central administrative agencies in accordance with the information processing standards under Article 19 (1) of the Act for efficient national research and development activities, collaboration among central administrative agencies or research and development institutes, and utilization in connection with research and development outcomes.
(2) "Information or data prescribed by Presidential Decree" in Article 19 (3) 6 of the Act means the information or data in Appendix 5.
(3) The Minister of Science and ICT may link data or information under each subparagraph of Article 19 (3) of the Act to the integrated information system in consultation with the heads of relevant central administrative agencies.
 Article 43 (Operation and use of integrated information system)
(1) Pursuant to Article 20 (2) of the Act, the Minister of Science and ICT may require the heads of relevant central administrative agencies to perform the following work using the integrated information system: <Amended on Feb. 28, 2022; Feb. 6, 2024>
1. Registration, management, and analysis of research and development information related to national research and development programs and research and development projects;
2. Processing and analysis of information related to payment and settlement of research and development expenses and execution of research and development expenses;
3. Registration, management, and analysis of information related to subjects of national research and development activities, such as research and development institutes, researchers, and research and development project evaluation members of the research and development project evaluation group;
4. Production, distribution, management, and utilization of knowledge and information about science and technology as well as national research and development programs under Article 26 of the Framework Act on Science and Technology;
5. Verification of audit-related data on national research and development activities pursuant to Article 5 (8) of the Act.
(2) Where the Minister of Science and ICT intends to require the work specified in paragraph (1) 1 and 2 to be performed using the integrated information system pursuant to paragraph (1) with respect to the national research and development programs under the subparagraphs of Article 5, he or she shall consult with the heads of the relevant central administrative agencies in charge of the national research and development programs in advance. <Newly established on Feb. 28, 2022>
(3) The Minister of Science and ICT may interconnect the integrated information system with the information systems independently operated by the research and development institutes for efficient management of research and development information. <Amended on Feb. 28, 2022>
(4) If the research and development information under subparagraph 6 (a) through (c) of Article 2 of the Act is changed, the head of the supervising research and development institute shall reflect the changed contents in the integrated information system without delay. <Amended on Feb. 28, 2022>
(5) The Minister of Science and ICT shall take necessary measures to ensure that personal information is not leaked when performing the work under paragraphs (1) through (4) through the integrated information system. <Amended on Feb. 28, 2022>
 Article 44 (Security measures for national research and development programs)
(1) The heads of relevant central administrative agencies and heads of research and development institutes shall establish and implement security measures (hereinafter referred to as "security measures") pursuant to Article 21 (1) of the Act with respect to the following research and development outcomes:
1. Undisclosed research and development outcomes related to the industrial technology defined in Article 2 (1) of the Act on Prevention of Divulgence and Protection of Industrial Technology;
2. Research and development outcomes of research and development projects categorized as classified tasks pursuant to Article 21 (2) of the Act.
(2) The security measures established by the head of the central administrative agency shall include the following matters: <Amended on Dec. 6, 2022>
1. Plan to collect, analyze, process, and distribute research and development outcomes under the subparagraphs of paragraph (1);
2. Specific plan to inspect security management status under Article 47;
3. Plan to prevent, respond to, investigate, and prevent recurrence of security incidents under Article 48 (1);
4. Security management plan when conducting research jointly with foreign institutes and organizations or foreigners as prescribe in an agreement on a research and development project;
5. Plan to designate a person in charge of overall security measures;
6. Security training implementation plan;
7. Cooperation plan regarding security with the National Intelligence Service under Article 66.
(3) The security measures established by the head of the research and development institute shall include the following matters: <Amended on Dec. 6, 2022>
1. Security-related obligations to be observed by affiliated researchers;
2. Security measures for research facilities and research management systems;
3. Matters prescribed in paragraph (2) 3 through 6;
4. Plan to establish and operate security management regulations that include the matters prescribed in subparagraphs 1 through 3.
 Article 45 (Classification of classified tasks for research and development projects)
(1) The head of a central administrative agency may categorize the following research and development projects as classified tasks under Article 21 (2) of the Act (hereinafter referred to as "classified tasks"): <Amended on Dec. 31, 2021; Feb. 6, 2024>
1. Research and development projects related to the defense force improvement projects defined in subparagraph 1 of Article 3 of the Defense Acquisition Program Act;
2. Research and development projects related to any of the following technologies:
(a) Technology that is being domestically promoted for localization because foreign countries refuse to transfer technology;
(b) Future core technologies that the head of the central administrative agency recognizes as requiring protection;
(c) National core technology that is defined in subparagraph 2 Article 2 of the Act on Prevention of Divulgence and Protection of Industrial Technology;
(d) Technology that requires restrictions, such as export permission under Article 19 (1) of the Foreign Trade Act;
3. Other research and development projects deemed necessary by the head of the central administrative agency to be categorized as classified tasks.
(2) The head of a central administrative agency shall categorize a research and development project falling under any subparagraph of paragraph (1) as a classified task until a public contest for a research and development institute is conducted pursuant to the main clause of Article 9 (4) of the Act; provided, a research and development project in any of the following cases shall be categorized as a classified task without delay after the relevant research and development institute is selected:
1. Where the research and development institute is selected through a method other than public contest, such as designation, under the proviso to Article 9 (4) of the Act;
2. Where it would be difficult to include in the public announcement under Article 9 (1) whether the research and development project is categorized as a classified task.
(3) If a research and development institute selected under Article 10 conducts joint research with a foreign institute or organization or a foreigner, the head of the central administrative agency may apply for a determination on whether the relevant research and development project falls within the category of strategic items under Article 20 (2) of the Foreign Trade Act and categorize the research and development project as a classified task based on the result.
 Article 46 (Security management measures)
"Measures for security management prescribed by Presidential Decree, including the provision of security education and the designation of a person in charge of security" in Article 21 (3) of the Act means the following measures: <Amended on Dec. 6, 2022>
1. Set up a protection area for a laboratory performing a classified task;
2. Grant differential access to labs and manage access status for researchers performing a classified task;
3. Conduct security training for researchers performing a classified task and require them to submit security pledges;
4. Obtain approval from the head of the research and development institute and report to the head of the central administrative agency the conduct of research by a foreign researcher performing a classified task;
5. Take security management measures for the research management systems operated by the research and development institute;
6. Take security management measures for the process and results of processing research and development information;
7. Designate a person in charge of security.
 Article 47 (Security management status inspection and related measures)
(1) In order to inspect the status of security management pursuant to Article 21 (4) of the Act, the head of the central administrative agency shall notify the head of the research and development institution of the inspection plan, including the timing, contents, and method, at least 10 days prior to the date of the actual inspection.
(2) The head of a research and development institute ordered to take measures pursuant to Article 21 (4) of the Act shall submit the results of the measures to the head of the central administrative agency within 6 months from the date of receipt of the order.
 Article 48 (Measures against security incidents)
(1) If any of the following incidents occurs (hereinafter referred to as "security incident), the head of the research and development institute shall take necessary measures immediately upon becoming aware of the accident and report it to the head of the central administrative agency:
1. Infringement, leakage, disclosure, loss, damage, or theft of research and development outcomes falling under the subparagraphs of Article 44 (1);
2. Leakage, damage, or destruction of the system for distributing, managing, and preserving research and development outcomes falling under the subparagraphs of Article 44 (1).
(2) After making a report pursuant to paragraph (1), the head of the research and development institute shall identify the following matters and report them to the head of the central administrative agency without delay:
1. The time and location of the security incident;
2. Personal data of the person who caused the security incident;
3. Details of the security incident.
(3) The head of the central administrative agency may investigate the circumstances of a security incident when he or she becomes aware of it or receives a report under paragraph (1). In this case, the relevant research and development institute and the research director shall cooperate with the investigation in good faith.
 Article 49 (Designation of specialized institutions)
(1) "Institution prescribed by Presidential Decree" in Article 22 (2) 1 of the Act means each of the following institutes: <Amended on Apr. 30, 2024>
1. The National Research Foundation of Korea under Article 2 of the National Research Foundation of Korea Act;
2. The Korea Institute of Industrial Technology Planning and Evaluation under Article 39 of the Industrial Technology Innovation Promotion Act;
3. The Korea Technology and Information Promotion Agency for Small and Medium Enterprises under Article 20 of the Act on the Promotion of Technology Innovation of Small and Medium Enterprises;
4. The Korea Agency for Infrastructure Technology Advancement under Article 16 of the Act on the Promotion of Science and Technology for Land, Infrastructure and Transportation;
5. The Korea Health Industry Development Institute under Article 2 of the Korea Health Industry Development Institute Act;
6. The Korea Institute of Marine Science and Technology Promotion under Article 23 of the Marine Science and Technology Promotion Act;
7. The Korea Institute of Planning and Evaluation for Technology in Food, Agriculture, and Forestry under Article 8 of the Act on the Promotion of Science and Technology for Food, Agriculture, Forestry and Fisheries;
8. The Korea Environmental Industry and Technology Institute under Article 2 of the Korea Environmental Industry and Technology Institute Act;
9. The Korea Meteorological Institute under Article 17 of the Weather Industry Promotion Act;
10. The Korea Creative Content Agency under Article 31 of the Framework Act on the Promotion of Cultural Industries;
11. The Korea Foundation of Nuclear Safety under Article 7-2 of the Nuclear Safety Act;
12. The Korea Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act.
(2) "Those that meet the standards prescribed by Presidential Decree" in Article 22 (2) 3 of the Act means organizations that have one or more dedicated personnel who can systematically manage research and development projects and the expertise to manage national research and development activities.
(3) The head of the central administrative agency shall prepare standards for the use of expenses contributed or subsidized for specialized institutions pursuant to Article 22 (3) of the Act to ensure that the expenses are executed in compliance with the purpose of use and shall supervise the execution in compliance with the standards.
(4) The head of a central administrative agency may evaluate the following matters regarding the performance of agency work by a specialized institution pursuant to the main clause of Article 22 (5) of the Act:
1. Efficiency of the management of national research and development programs and research and development outcomes;
2. Expertise in planning research and development projects;
3. Service satisfaction of agency work.
(5) Pursuant to Article 22 (6) of the Act, the head of a central administrative agency shall notify the Minister of Science and ICT of the reasons for the designation of a specialized institution and the cancellation of such designation and the target institutions.
 Article 50 (Fact-finding survey on designation and operation of specialized institutions)
(1) The Minister of Science and ICT shall annually formulate an implementation plan to conduct a fact-finding survey and analysis of the designation and operation of specialized institutions (hereinafter referred to as "fact-finding survey and analysis") including the following matters, in consultation with the heads of the relevant central administrative agencies pursuant to Article 23 (1) of the Act:
1. Criteria for the fact-finding survey and analysis and survey items;
2. Institutions subject to fact-finding survey and analysis;
3. Scope and method of submission of data necessary for fact-finding survey and analysis;
4. Follow-up measures based on fact-finding survey and analysis;
5. Other matters prescribed by the Minister of Science and ICT, which are necessary for fact-finding and analysis.
(2) The criteria for fact-finding and analysis are as follows:
1. Efficiency in designating and operating specialized institutions by central administrative agency;
2. Status of project management performance by specialized institution;
3. Efficiency of project management by specialized institution;
4. Efficiency of planning and performance management by specialized institution;
5. Service satisfaction of beneficiaries.
(3) The subjects of fact-finding and analysis are as follows:
1. Specialized institutions;
2. An institution that is entrusted with or vicariously performs all or part of the work under Articles 9 through 19, 21, 31 (3), 33 (1), and 34 (2) of the Act in accordance with in accordance with the Industrial Technology Innovation Promotion Act or any other statute and not designated as a specialized institution, which the Minister of Science and ICT designates as the subject of a fact-finding survey and analysis, in consultation with the heads of relevant central administrative agencies, given that it is recognized the necessity to conduct fact-finding survey and analysis.
(4) The Minister of Science and ICT may request the heads of relevant central administrative agencies to take measures according to the following categories pursuant to the main clause of Article 23 (2) of the Act:
1. If the results of a fact-finding survey and analysis of an institution under paragraph (3) 2 show that it is necessary to designate it as a specialized institution: Designation as a specialized institution;
2. If the results of a fact-finding survey and analysis of a specialized institution show that the institution is unable to perform agency work due to the termination of the agency work, a material breach of the agreement, or similar reason: Cancellation of designation as a specialized institution;
3. If the results of a fact-fining survey and analysis of a specialized institution show that it is necessary to improve the efficiency of the operation method of the specialized institution, such as the improvement of the functions of the specialized institution or the efficiency of the support methods for the specialized institution: Improvement of the operation efficiency of the specialized institution.
Section 2 Establishing research support systems and strengthening capabilities of research and development institutes
 Article 51 (Subject to establishment of research support system)
"Research and development institute prescribed by Presidential Decree, such as a university" in the part, with the exception of the subparagraphs of, Article 24 (2) of the Act means any of the following research and development institutes:
1. Research and development institutes under subparagraph 3 (b), (d) and (f) of Article 2 of the Act;
2. Other research and development institutes recognized by the Minister of Science and ICT as needing to have a research support system.
 Article 52 (Evaluation of research support system)
(1) The Minister of Science and ICT shall establish an implementation plan for the evaluation of the establishment and operation of the research support system pursuant to Article 25 (1) of the Act (hereinafter referred to as "research support system evaluation"), including the following matters, and notify the research and development institutes under Article 51 by March 31 of each year:
1. Institutions subject to research support system evaluation for the relevant year;
2. Research support system evaluation indicators;
3. Scope and deadline for submission of data required for research support system evaluation;
4. Method and schedule of research support system evaluation;
5. Follow-up measures according to research support system evaluation.
(2) When conducting a research support system evaluation, the Minister of Science and ICT may inspect the operation status of its own research ethics regulations pursuant to Article 58 (1).
(3) When the Minister of Science and ICT conducts an evaluation of a research support system, he or she shall notify the head of the central administrative agency of the evaluation results within 14 days after completion of the evaluation and disclose them through the integrated information system.
(4) The head of the central administrative agency may, if a research and development institute evaluated as excellent in the evaluation of its research support system conducted under Article 25 (2) of the Act is an affiliated government-funded research institute, etc. under the main clause of Article 32 (3) of the Framework Act on Science and Technology, reflect the result of the evaluation in an evaluation under that paragraph.
 Article 53 (Education and training related to research and development)
The education and training course under Article 26 (1) of the Act shall include the following: <Amended on Feb. 28, 2022>
1. Research planning, management, and evaluation;
2. Provision of support for the creation of research and development outcomes and protection and utilization of research and development outcomes;
3. Preparation, recording, and management of research performance process and research and development outcomes pursuant to Article 35 (2) of the Act;
4. Research ethics;
5. Laboratory safety and research security;
6. Other matters recognized by the Minister of Science and ICT as necessary for carrying out national research and development programs.
Section 3 Innovation of System for National Research and Development
 Article 54 (Collection of opinions and processing of proposals on national research and development administration system)
(1) The Minister of Science and ICT may collect opinions pursuant to paragraph (1) of Article 28 of the Act and process proposals under paragraph (2) of that Article through the integrated information system.
(2) The Minister of Science and ICT may assist the heads of central administrative agencies to collect opinions pursuant to Article 28 (1) of the Act and process proposals pursuant to paragraph (2) of that Article through the integrated information system.
 Article 55 (Recommendation to research and development institutes for improvement of system)
(1) Where the head of a central administrative agency intends to recommend system improvement to a specialized institution or research and development institute under his or her jurisdiction pursuant to Article 30 (1) of the Act, he or she shall notify the institution or institute in writing, including the implementation period and inspection method.
(2) A specialized institution or research and development institute that has received a recommendation for system improvement pursuant to Article 30 (1) of the Act may request a review by the head of the competent central administrative agency within 20 days from the date of receipt of the recommendation under the former part of Article 30 (3) of the Act.
(3) The head of the central administrative agency shall report the results of checking and inspection of the implementation status pursuant to Article 30 (4) of the Act to the National Science and Technology Advisory Council under the National Science and Technology Advisory Council Act (hereinafter referred to as the "National Science and Technology Advisory Council").
CHAPTER IV SECUREMENT OF RESEARCH ETHICS AND SANCTIONS RELATED TO NATIONAL RESEARCH AND DEVELOPMENT PROGRAMS
 Article 56 (Misconduct related to national research and development programs)
(1) "Acts prescribed by Presidential Decree" in Article 31 (1) 6 of the Act means the following acts:
1. Any of the following acts that impair the impartiality and objectivity of the inspection and measures under Article 31 (2) and (3) of the Act against the informant of any misconduct under paragraph (1) of that Article (hereinafter referred to as "misconduct"):
(a) Measures disadvantageous to the informant's status;
(b) Threats or intimidation;
2. Any of the following acts that undermine the soundness of the use of research and development expenses:
(a) Fabrication or falsification of proof data under Article 24 (3);
(b) False reporting of details of use under Article 25 (1);
3. Acts falling under Articles 64 through 68 of the Bioethics and Safety Act;
4. Acts falling under Article 43 of the Act on the Establishment of Safe Laboratory Environment.
(2) The detailed standards for misconduct under Article 31 (1) 1 of the Act are as follows:
1. Fabrication: Act of falsely creating, recording, or reporting research and development data and research and development outcomes that do not exist;
2. Falsification: Act of distorting the content or results of research and development by artificially manipulating research facilities, equipment, research materials, and research and development processes, or arbitrarily changing, adding, or deleting research and development data and research and development outcomes;
3. Plagiarism: Act of using a researcher's own or another person's research and development data or research and development outcomes, which are not common knowledge, in the researcher's own research and development data or research and development outcomes, without proper attribution;
4. Misrepresentation of authorship: Failure to grant authorship to a person who has made contributions to the content or results of a research and development project without justifiable reasons, or granting authorship to a person who has not made contributions without justifiable reasons.
 Article 57 (Verification of misconduct)
(1) In order to verify and take measures against misconduct pursuant to Article 31 (2) of the Act, the head of a research and development institute shall establish its own regulations (hereafter referred to as "self-regulations" in this Article) containing the following matters, as prescribed by Ministerial Decree of Science and ICT:
1. Means of informing on misconduct and receiving such information;
2. Investigation procedures and methods to prove misconduct;
3. Matters related to notification and reporting of the results of investigations to prove misconduct;
4. Matters related to personal protection of informants of misconduct and protection of rights of persons subject to investigation.
(2) Pursuant to Article 31 (2) of the Act, where the head of a research and development institute verifies a suspected misconduct in accordance with its self-regulations and the suspected misconduct is determined to be misconduct, and if the person engaged in the misconduct belongs to the research and development institute, the head of the research and development institute may take disciplinary action against the person; but if the person does not belong to the research and development institute, disciplinary action may be requested from the head of the institution to which the person who engaged in the misconduct belongs.
(3) The head of the research and development institute shall report the verification results and measures the action under Article 31 (2) of the Act to the head of the competent central administrative agency in writing within 10 days from the date the results are finalized.
(4) Upon receipt of a report under paragraph (3), the head of the central administrative agency may request the head of the research and development agency to submit necessary data to investigate the misconduct related to the national research and development program.
(5) "Cases prescribed by Presidential Decree" in Article 31 (3) 3 of the Act means the following cases:
1. Where investigating misconduct pursuant to Article 31 (1) 2 of the Act;
2. If the head of the research and development institute fails to conduct verification, etc. under Article 31 (2) of the Act within a reasonable period despite being aware of the misconduct of the researcher or research support personnel.
 Article 58 (Support necessary to secure research ethics)
(1) The head of a research and development institute shall prepare and operate its own research ethics regulations that include the following matters in order to provide support under Article 31 (4) of the Act:
1. Efforts and management system to protect the integrity in accordance with Article 4 (5) of the Framework Act on Science and Technology in relation to the performance of research and development projects;
2. Ethics regarding scholarly exchange, such as publishing in academic journals, attending conferences, etc.;
3. Prevention and management of conflicts of interest;
4. Ethics regarding human subjects research and animal testing;
5. Creation of a sound laboratory culture, including protecting the rights and interests of researchers;
6. Other matters deemed necessary by the head of the research and development institute to secure research ethics.
(2) The Minister of Science and ICT may establish and implement a policy for support under Article 31 (4) of the Act in consultation with the heads of relevant central administrative agencies.
 Article 59 (Sanctions for misconduct)
(1) The standards for disposition on participation restrictions pursuant to Article 32 (1) of the Act (hereinafter referred to as "participation restrictions") shall be as shown in Appendix 6.
(2) Standards for imposition of additional monetary sanctions pursuant to Article 32 (1) of the Act (hereinafter referred to as "additional monetary sanction") shall be as shown in Appendix 7.
(3) If a research and development institute has used research and development expenses in violation of the purpose of use and standards for use, the head of the central administrative agency may recover the amount of government-reimbursed research and development expenses from the relevant research and development institute for violating the purpose of use and standards for use pursuant to Article 32 (3) of the Act. (hereinafter referred to as "recovery of research and development expenses").
 Article 60 (Composition of Sanctions Evaluation Group)
The head of a central administrative agency shall not include any of the following persons when forming a sanctions evaluation group under Article 33 (1) of the Act:
1. A person who has a kinship relationship under the Civil Act with the person subject to sanctions;
2. A researcher who has performed a research and development project subject to sanctions;
3. A person who belongs to the same institute or organization as the person subject to sanctions;
4. Any other person recognized by the head of the central administrative agency as likely to seriously impair the fairness of evaluation.
 Article 61 (Composition and operation of a committee to review protection of researchers' rights and interests)
(1) The committee established pursuant to Article 33 (4) of the Act to protect researchers' rights and interests, prevent research corruption, and examine the appropriateness of sanctions (hereinafter referred to as the "Researchers' Rights Protection Committee") shall consist of up to 100 members, including one chairperson.
(2) Members of the Researchers' Rights Protection Committee shall be appointed or commissioned by the Minister of Science and ICT taking into account gender equality from among the following persons:
1. A person with at least 5 years of experience working in the field of science and technology after obtaining a doctorate degree;
2. A person with at least 5 years of experience working in the office of judge, prosecutor, or attorney-at-law;
3. A general public official of grade 4 or higher or a person belonging to the senior public officials of the relevant central administrative agency;
4. Any other person with abundant knowledge and experience in fields related to national research and development programs.
(3) The term of office of the members of the Researchers‘ Rights Protection Committee commissioned pursuant to paragraph (2) shall be 2 years.
(4) The chairperson of the Researchers' Rights Protection Committee shall be a person commissioned by the Minister of Science and ICT from among those specified in paragraph (2) 1 or 2.
(5) Meetings of the Researchers' Rights Protection Committee shall consist of up to 13 members, including the chairperson and the members designated by the chairperson.
(6) A majority of the members of the Researchers' Rights Protection Committee under paragraph (5) shall constitute a quorum and any decision thereof shall require the concurring vote of at least a majority of those present.
(7) A written request for review under Article 33 (3) of the Act shall be prescribed by Ministerial Decree of Science and ICT.
(8) If a member of the Researcher's Rights Protection Committee falls under any of the following categories, he or she shall be excluded from deliberation and resolution of the Researcher's Rights Protection Committee:
1. Where a member of the Researchers' Rights Protection Committee or his or her spouse or former spouse is a party to the relevant agenda item or is a joint right holder or joint obligor with a party to the agenda item;
2. Where a member of the Researchers' Rights Protection Committee has or had a kinship relationship under the Civil Act with a party to the relevant agenda item;
3. Where a member of the Researchers' Rights Protection Committee provides advice, research, testimony, statement, appraisal, or investigation on the relevant agenda item;
4. Where a member of the Researchers' Rights Protection Committee is serving as an executive officer or employee, or an enterprise, etc. for which he or she has worked within the last 3 years has provided advice, research, services (including subcontracted services), appraisal, or investigation on the relevant agenda item.
(9) The parties to the deliberation agenda by the Researchers' Rights Protection Committee may file a request for recusal from the Researcher's Rights Protection Committee if the members of the Researchers' Rights Protection Committee have grounds for exclusion under the subparagraphs of paragraph (8) or if there are circumstances in which it is difficult to expect fair deliberation and resolution. The Researcher Rights Protection Committee decides whether to recuse itself by resolution. In this case, the researcher rights protection committee member who is the subject of the application for recusal cannot participate in the decision.
(10) If a member of the Researchers' Rights Protection Committee falls under any of the grounds for exclusion under the subparagraphs of paragraph (8), he or she shall voluntarily recuse him or herself from deliberation and decision-making on the relevant agenda item.
(11) Except as provided in paragraphs (1) through (10), details regarding the composition and operation of the Researchers' Rights Protection Committee shall be determined by the Minister of Science and ICT.
 Article 62 (Registration and disclosure of sanctions information)
(1) "Reason prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 33 (7) of the Act means any of the following reasons: <Amended on Sep. 19, 2023>
1. If an administrative appeal or administrative litigation is pending in relation to sanctions;
2. If the disclosure of the list is ineffective due to the death or closure of the business of the person subject to the disclosure of sanctions;
3. If an investigation is in progress or a criminal trial is ongoing in relation to the misconduct giving rise to the sanctions.
(2) The specific details of sanctions decisions that must be registered and disclosed in the integrated information system pursuant to Article 33 (7) of the Act shall be as follows: <Amended on Feb. 28, 2022>
1. The reasons for and details of sanctions;
2. The name, address, and name of representative of the research and development institute subject to sanctions;
3. The name of the person subject to sanctions and the national researcher number issued by the integrated information system to identify the researcher;
4. The name and address of the institute to which the person subject to sanctions belongs.
(3) If there is a change in any of the matters falling under any subparagraph of paragraph (2), the head of the central administrative agency shall reflect the changed matter in the integrated information system without delay.
[Title Amended on Feb. 28, 2022]
 Article 63 (Follow-up Management of Sanctions)
(1) The person liable for payment who has been notified of the recovery of additional monetary sanctions or research and development expenses shall make the payment to the receiving agency designated by the head of the central administrative agency within 30 days from the date of receipt of the notification of the relevant disposition. <Amended on Dec. 31, 2021>
(2) If the head of the central administrative agency recognizes that it is difficult for the obligor notified under paragraph (1) to pay the entire amount of the additional monetary sanctions or the research and development expenses subject to recovery at once due to deterioration of management, natural disaster, disaster, or any other unavoidable reason, the head of the central administrative agency may require the levied amount paid in installments or extend the payment deadline. <Amended on Dec. 31, 2021>
(3) If the head of a central administrative agency urges additional monetary sanctions or the recovery of research and development expenses pursuant to Article 34 (2) of the Act, a reminder stating the following matters shall be issued within 15 days after the payment deadline under paragraph (1) has passed, and send it to the obligor: <Amended on Dec. 31, 2021>
1. The amount of arrears;
2. The deadline for payment (within 10 days from the date of issuance of the reminder);
3. The place of payment;
4. The statement that if payment is not made by the payment deadline, it shall be collected in the same manner as delinquent national taxes are compulsorily collected.
 Article 64 (Limitation on the number of research and development projects)
(1) Pursuant to Article 35 (1) of the Act, the head of the central administrative agency may limit the number of research and development projects that a researcher can simultaneously perform to a maximum of 5, and the number of research and development projects that a researcher can simultaneously perform as a research director to a maximum of 3.
(2) Notwithstanding Paragraph (1), the head of the central administrative agency may limit the number of research projects that a researcher can simultaneously perform to a maximum of 6, and the number of research projects that a researcher can simultaneously perform as a research director to a maximum of 4 for researchers of a domestic research and development institute that jointly performs research and development projects with research and development institutes that are foreign corporations under of Article (2) 3 (limited to research and development institutes that bear research and development expenses in accordance with the agreements on the research and development projects). <Newly established on Feb. 6, 2024>
(3) Where calculating the number of research and development projects under paragraphs (1) and (2), the head of the central administrative agency may calculate the number without including research and development projects falling under any of the following subparagraphs: <Amended on Feb. 28. 2022; Dec. 6, 2022; Feb. 6, 2024>
1. Research and development projects to be completed within 6 months from the deadline for submission of the research and development plan under Article 9 (2) or Article 10 (2);
2. Research and development projects related to preliminary investigation, planning and evaluation research, or testing, inspection and analysis;
3. Research and development projects for the purpose of coordination and management of research and development projects;
4. Research and development projects related to infrastructure construction projects that do not focus on research and development, projects under subparagraphs 1 and 2 of Article 5, human resource training projects, and academic activity projects;
4-2. Research and development projects related to programs under subparagraph 1 of Article 3 of the Act;
5. Research and development projects related to basic programs under the proviso to Article 4 of the Act;
6. Research and development projects that are jointly performed with small and medium enterprises by a research and development institute that falls under any of the following and for which the Minister of Science and ICT determines research and development expenses in consultation with the heads of relevant central administrative agencies:
(a) Research and development institutes falling under subparagraph 3 (b) through (f) of Article 2 of the Act;
(b) Research institute specializing in manufacturing technology under Article 42 of the Industrial Technology Innovation Promotion Act;
7. Other research and development projects that need to be calculated without being included in the number of research and development projects in order to promote research and development and that have been deliberated by the National Science and Technology Advisory Council.
 Article 65 (Preparation, recording, management, etc. of research performance process and research and development outcomes)
(1) Researchers participating in research and development projects and the heads of research and development institutes in the field of science and technology shall prepare and manage materials (hereinafter referred to as "research notes") that record the process of performing research and development projects and the outcomes of research and development in the field of science and technology pursuant to Article 35 (2) of the Act. <Newly inserted on Feb. 28, 2022>
(2) The heads of research and development institutes participating in research and development projects in the field of science and technology shall prepare and operate their own guidelines for the preparation and management of research notes. <Amended on Feb. 28, 2022>
(3) The Minister of Science and ICT shall prepare and provide research note guidelines that heads of research and development institutes participating in research and development projects in the field of science and technology can utilize to prepare and operate their own guidelines pursuant to paragraph (2). <Amended on Feb. 28, 2022>
(4) Pursuant to Article 35 (2) of the Act, the head of a central administrative agency in charge of research and development projects other than the field of science and technology shall provide as guidelines or prescribe in agreements on research and development projects the necessary matters for researchers and research and development institutes participating in research and development projects to record and manage the research performance process and research and development outcomes taking into account the characteristics of their research fields. <Newly established on Feb. 28, 2022>
[Title Amended on Feb. 28, 2022]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 66 (Council on management of national research and development programs.)
The Minister of Science and ICT, the heads of related central administrative agencies, and the Director of the National Intelligence Service shall cooperate with each other in establishing or operating matters related to the planning, management, and evaluation of national research and development programs and the management and utilization of research and development information; and the Minister of Science and ICT may organize and operate a council with the heads of relevant central administrative agencies and the Director of the National Intelligence Service for such cooperation.
 Article 67 (Entrustment of work)
(1) Pursuant to Article 38 (1) of the Act, the Minister of Science and ICT may entrust the work specified in Article 20 of the Act to any of the following institutions or organizations. <Amended on Apr. 30, 2024>
1. The Korea Institute of Science and Technology Evaluation and Planning under Article 20 of the Framework Act on Science and Technology;
2. The National Research Foundation of Korea under Article 2 of the National Research Foundation of Korea Act;
3. The Korea Institute of Industrial Technology Planning and Evaluation under Article 39 of the Industrial Technology Innovation Promotion Act;
4. An institution or organization that meets the following requirements:
(a) It shall have at least 1 person each who falls within the categories under 1) and 2);
(i) A person with more than 5 years of experience in the field of national research and development program management;
(ii) A person with more than 3 years of experience in the development, management, and operation of information systems;
(b) It shall have facilities that meet the standards prescribed and notified by the Minister of Science and ICT in relation to the operation and analysis of information systems and information security.
(2) Where the Minister of Science and ICT entrusts the work pursuant to paragraph (1), he or she shall publicly notify in the Official Gazette the entrusted institution or organization and the details of the entrusted work.
(3) Details regarding the supervision, etc. of institutions or organizations entrusted under paragraph (2) shall be determined and publicly notified by the Minister of Science and ICT.
(4) Pursuant to Article 38 (1) of the Act, the Minister of Science and ICT shall entrust the following work to the Korea Institute of Science and Technology Evaluation and Planning under Article 20 of the Framework Act on Science and Technology:
1. Investigations into and analysis of the status of designation and operation of specialized institutions in accordance with Article 23 (1) of the Act;
2. Implementation of research support system evaluation pursuant to Article 25 (1) of the Act;
3. Planning and implementation of research and development-related education and training courses pursuant to Article 26 (1) of the Act.
 Article 68 (Re-examination of regulation)
The Minister of Science and ICT shall examine the appropriateness of the following matters every 3 years as of January 1, 2022 (referring to the period that ends on the day before the base date of every 3rd year) and take measures, such as making improvements:
1. Standards for disposition on restriction on participation under Article 59 (1) and Appendix 6;
2. Criteria for imposition of additional monetary sanctions pursuant to Article 59 (2) and Appendix 7;
3. Deleted. <Sep. 19, 2023>
[This Article Added on Mar. 8, 2022]
ADDENDA <Presidential Decree No. 31297, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Article 2 (Repeal of other statute or regulation)
The Regulations on the Management of National Research and Development Programs shall be hereby repealed.
Article 3 (Transitional measures concerning Indirect Cost Accounting Standard Calculation Committee)
The Indirect Cost Calculation Committee established pursuant to Article 13 of the previous Regulations on the Management of National Research and Development Programs before this Decree enters into force shall be deemed the Indirect Cost Accounting Standard Calculation Committee established pursuant to Article 21. In this case, the term of office of the commissioned members shall be for the remainder of the term.
Article 4 (Transitional measures concerning Group of candidates for research and development project evaluation members)
The group of candidates for evaluation members formed pursuant to Article 25 (10) of the previous Regulations on the Management of National Research and Development Programs before this Decree enters into force shall be deemed to be the group of candidates for research and development program evaluation members formed pursuant to Article 27 (1).
Article 5 (Transitional measures concerning non-disclosure of research and development outcomes)
Research and development outcomes that have been categorized as classified tasks or approved for withholding or non-disclosure by the head of the central administrative agency pursuant to each subparagraph of Article 18 (4) of the previous Regulations on the Management of National Research and Development Programs before this Decree enters into force shall be deemed to be research and development outcomes approved for non-disclosure by the head of the central administrative agency pursuant to Article 35 (3). In this case, the non-disclosure period for the relevant research and development outcomes shall be the remaining period.
Article 6 (Transitional measures concerning registration and deposit of research and development outcomes)
(1) The dedicated institution designated by the Minister of Science and ICT pursuant to Article 25 (13) of the previous Regulations on the Management of National Research and Development Programs before this Decree enters into force shall be deemed to be the dedicated institution for the management and distribution of research outcomes designated by the Minister of Science and ICT under Article 33 (1).
(2) Research and development outcomes registered and deposited with a dedicated institution pursuant to Article 25 (13) of the previous Regulations on Management of National research and development programs before this Decree enters into force shall be deemed to be registered and deposited with a dedicated institution for the management and distribution of research outcomes pursuant to the amended provisions of Article 33 (3).
Article 7 Omitted.
Article 8 (Relationship to other statutes or regulations)
References in other statutes and regulations to the Regulations on the Management of National Research and Development Programs at the time this Decree enters into force shall be read as references to the corresponding provisions of this Decree in lieu of the previous provisions if this Decree includes such corresponding provisions.
ADDENDA <Presidential Decree No. 32063, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32287, Dec. 31, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2022.
Article 2 (Applicability to purpose of use of research and development expenses)
The amended provisions of Appendix 2 shall also apply to research and development projects selected before this Decree enters into force and in progress as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 32508, Feb. 28, 2022>
This Decree shall enter into force on March 1, 2022; provided, the amended provisions of Article 40 (1) shall enter into force on June 29, 2022.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32725, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 32957, Oct. 25, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33017, Dec. 6, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022.
Article 2 (Special cases concerning security management measures)
Notwithstanding the amended provisions of subparagraph 7 of Article 46, research and development institutes perform research and development projects categorized as classified tasks as at the time this Decree enters into force shall designate a security manager within 1 month from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 33726, Sep. 19, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 34 (4) through (6), Article 62 (1), and subparagraph 3 of Article 68 shall enter into force on September 22, 2023.
Article 2 (Applicability to waiver of intellectual property rights)
The amended provisions of Article 34 (4) shall also apply where an application for approval of a waiver of intellectual property rights has been filed pursuant to the previous provisions before the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 33899, Dec. 5, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 14, 2023.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 34174, Feb. 6, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to research and development plans)
The amended provisions of Article 9 (3) shall begin to apply where a request is made to submit a research and development plan for conducting a public contest of research and development institutes pursuant to Article 9 (1), or for selecting research and development institutes through a method other than a public contest, such as designation, pursuant to Article 10 (1), after this Decree enters into force.
Article 3 (Applicability to reimbursement of research and development expenses and standards for payment thereof)
The amended provisions of subparagraphs 1 and 4 of Appendix 1 shall also apply to research and development projects selected before this Decree enters into force and in progress as at the time this Decree enters into force.
Article 4 (Applicability to purpose of use of research and development expenses)
The amended provisions of subparagraph 1 (j) of Appendix 2 shall also apply to research and development projects selected before this Decree enters into force and in progress as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 34468, Apr. 30, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.