The purpose of this Decree is to provide for matters delegated by the Act on the Establishment and Operation of Local Government-Invested Research Institutes and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Sep. 21, 2012]
| Article 2 (Procedure for establishing local research institutes) |
| (1) | Local government-invested research institutes (hereinafter referred to as "local research institutes") shall be established by each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do") or Si with a population (referring to the number of residents registered under the Resident Registration Act) of at least 500,000 (hereinafter referred to as "Large City"). <Amended on Nov. 29, 2016; Oct. 25, 2022> |
| (2) | Notwithstanding paragraph (1), where it is deemed effective to integrate and operate research institutes in consideration of regional characteristics and economic zones, 2 or more City/Do or Large Cities may jointly establish a single local research institute. |
| (3) | A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the Mayor of a Large City who intends to obtain permission to establish a local research institute shall submit an application for permission for establishment in Appendix 1, accompanied by the following documents, to the Minister of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Nov. 29, 2016; Jul. 26, 2017; Oct. 25, 2022> |
| 1. | A copy of a document stating the names, dates of birth, addresses, and brief personal histories of the promoters (in cases where a promoter is a legal entity, a document stating its name, the location of its principal office, and the name, date of birth, address, and articles of incorporation of its representative); |
| 2. | A copy of the articles of incorporation; |
| 3. | A copy each of an inventory of assets (to be categorized into basic assets and operating assets) and its supporting documents, and, where there is an application for contribution, documents certifying such fact; |
| 4. | A copy of a document stating the business plan and the revenue and expenditure budget for the relevant business year; |
| 5. | A copy each of a document stating the names, dates of birth, addresses, and brief personal histories of prospective officers, and their written consent to appointment; |
| 6. | A copy of the minutes of the inaugural general meeting (in cases where a promoter is a legal entity, documents certifying the decision-making regarding the establishment of the legal entity). |
| (4) | Where the Minister of the Interior and Safety deems that the details of the application for permission for establishment under paragraph (3) conform to the following standards, he or she shall permit the establishment and issue a certificate of permission for establishment of a legal entity in Attached Form 2: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The target projects shall be specific and deemed feasible; |
| 2. | It shall be deemed that the target projects can be smoothly performed with the income from financial resources raised through income from contributed assets, etc.; |
| 3. | The target projects shall be deemed to maintain or promote public interests. |
[This Article Wholly Amended on Sep. 21, 2012]
| Article 3 (Gratuitous loan of public property) |
| (1) | Gratuitous loan or gratuitous use and profit-making of public property under Article 15 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes (hereinafter referred to as the "Act") shall be determined by a contract between the relevant local government and the local research institute. |
| (2) | The period of gratuitous loan of public property under paragraph (1) may be determined within a period not exceeding 20 years. |
| (3) | Where a local research institute uses public property gratuitously loaned under paragraph (1) for any purpose other than the purpose of such loan, the head of the local government may terminate the loan contract. |
| (4) | Except as provided for in this Decree, the Public Property and Commodity Management Act shall apply to the gratuitous loan or gratuitous use and profit-making of public property. |
[This Article Wholly Amended on Sep. 21, 2012]
| Article 4 (Deadline for submission of project plan) |
"Within the period prescribed by Presidential Decree" in Article 17 of the Act means by 1 month before the commencement of the fiscal year.
[This Article Wholly Amended on Dec. 18, 2018]
| Article 5 (Deadline for submission of settlement of accounts) |
"Within the period prescribed by Presidential Decree" in the part other than the subparagraphs of Article 18 of the Act means within 3 months after the end of the fiscal year.
[This Article Wholly Amended on Sep. 21, 2012]
| Article 5-2 (Disclosure of management information) |
| (1) | "Matters prescribed by Presidential Decree" in Article 18-2(1)8 of the Act means the following: |
| 1. | Financial statements for the previous year and their accompanying documents; |
| 2. | Status of basic assets for the previous year; |
| 3. | Status of debt guarantees and provision of collateral for the previous year. |
| (2) | Where a local research institute makes a disclosure pursuant to Article 18-2(1) of the Act, the timing and frequency of such disclosure shall be as follows: |
| 1. | Matters under Article 18-2(1)1 of the Act: Within 1 month after the commencement of each fiscal year; |
| 2. | Matters under Article 18-2(1)2 through 4 of the Act: Within 7 days from the date 3 months have elapsed after the end of each fiscal year; |
| 3. | Matters under Article 18-2(1)5 of the Act: Within 1 month from the date of notification of the results of the management evaluation under Article 19(1) of the Act; |
| 4. | Matters under Article 18-2(1)6 of the Act: Within the following periods: |
| a. | Results of audit by external institutions and requests for corrective measures: Within 1 month from the date of notification of the audit results and requests for corrective measures; |
| b. | Results of implementation by the local research institute: Within 1 month from the date of notification of the results of implementation; |
| 5. | Matters under Article 18-2(1)7 of the Act: Within the following periods: |
| a. | Research projects or research reports: Within 1 month from the date of completion of the relevant research project or research report; |
| b. | Research achievements other than those referred to in item a: Within 1 month from the date such research achievements occur; |
| 6. | Matters under Article 18-2(1)8 of the Act: Within 7 days from the date 3 months have elapsed after the end of each fiscal year. |
| (3) | Where the Minister of the Interior and Safety deems it necessary for the efficient operation of disclosure under Article 18-2(1) of the Act, he or she may determine the detailed items, methods, and procedures of such disclosure and notify the relevant local governments and the heads of local research institutes thereof. |
[This Article Added on Oct. 25, 2022]
| Article 6 (Inspection and supervision of jointly established research institutes) |
| (1) | Matters concerning inspection and supervision of a local research institute jointly established pursuant to Article 2(2), and the authority to approve project plans, shall be determined by agreement among the Mayors/Do Governors or the Mayors of Large Cities that have contributed to the relevant local research institute. |
| (2) | Where no agreement is reached under paragraph (1), the Minister of the Interior and Safety may determine such matters at the request of the relevant Mayors/Do Governors or the Mayors of Large Cities. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Sep. 21, 2012]
| Article 7 (Provision of data) |
| (1) | The head of a local research institute may request the head of a relevant local government to provide data necessary for conducting research. In such cases, the head of the local government so requested shall comply therewith unless there is a justifiable reason not to do so. |
| (2) | The head of a local research institute shall not use the data provided pursuant to paragraph (1) for any purpose other than research purposes. |
[This Article Wholly Amended on Sep. 21, 2012]
| Article 8 Deleted. <Nov. 29, 2016> |
| Article 9 Deleted. <Nov. 29, 2016> |
| Article 10 Deleted. <Nov. 29, 2016> |
| Article 11 Deleted. <Nov. 29, 2016> |
ADDENDUM <Presidential Decree No. 16900, Jul. 10, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19663, Aug. 29, 2006>
This Decree shall enter into force on September 4, 2006.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Revision of Forms)
Forms under the previous provisions as at the time this Decree enters into force may be used together with forms under this Decree by August 31, 2012.
ADDENDA <Presidential Decree No. 24110, Sep. 21, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended pursuant to Article 6 of these Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force, have not yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended pursuant to Article 5 of these Addenda, amendments to Presidential Decrees, which were promulgated before this Decree enters into force, but the dates on which they are to enter into force, have not yet arrived, shall enter into force on the enforcement dates of the respective Presidential Decrees.
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDUM <Presidential Decree No. 24110, Sep. 21, 2012>
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement data)
This Decree shall enter into force on the date of its promulgation; provided, the parts amending presidential decrees which were promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, from among presidential decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective date of enforcement of the relevant presidential decrees.
Articles 2 through 7 Omitted.
Article 8 Omitted.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32959, Oct. 25, 2022>
This Decree shall enter into force on October 27, 2022.