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Laws of the Republic of Korea |
[Enforcement: Jun. 26, 2009] [Presidential Decree No. 21551, Jun. 25, 2009, Amendment of Other Laws and Regulations]
Ministry of Education, Science and Technology (Office of Science and Technology Policy, S&T Policy Division) 02-2100-6618
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Framework Act on
Science and Technology, and matters required
for the enforcement thereof.
Article 2 (Civilians' Participation in Policies)
In formulating policies related to science and technology (hereinafter in this Article
referred to as the "Policy") under Article
5 (3) of the Framework Act on Science and
Technology (hereinafter referred to as the "Act"), the heads of the relevant central
administrative agencies and local governments (hereinafter collectively referred to as the
"heads of administrative agencies concerned")
shall expand the participation of civilian
experts and the corporations, organizations or civic organizations (referring to nonprofit
NGO under Article 2 of the Assistance for Nonprofit Non-Governmental Organizations
Act; hereinafter the same shall apply) listed
in each subparagraph of Article 49, in the
committees related to science and technology, and shall conduct surveys on the opinions
of individuals, corporations and organizations all of whom are subjects of the Policy, and
reflect such opinions to the maximum
extent in formulation and execution of the Policy.
CHAPTER II FORMULATION OF S&T POLICYAND PROMOTIONAL POLICY
Article 3 (Setting Mid and Long Term Policy Objectives and Direction)
(1) The Minister of Education, Science and Technology shall determine the mid and long
term policy objectives and direction on
S&T development (hereinafter in this Article
referred to as the "mid and long term policy objectives, etc.") pursuant to Article
7 (1) of
the Act, after undergoing the deliberation by the National Science and Technology
Council under Article 9 (1) of the Act
(hereinafter referred to as the "Council"), and
notify the results to the heads of administrative agencies concerned and issue public
notice thereof.
(2) The mid and long term policy objectives, etc. shall be established based on the
forecast of advancement trends in science and
technology and on the R&D capacity of the
nation, and shall include matters falling under each of the following subparagraphs:
1. Mid and long term objectives in S&T development, covering the period of not less
than five years;
2. Development strategy and promotional direction to realize the objectives under
subparagraph 1;
3. Matters on future promising technologies needed for progress of the nation;
4. Evaluation result of the research capabilities for future promising technologies;
5. Strategy to secure future promising technologies based on subparagraphs 3 and 4;
6. Other important subjects for policy promotion, which are needed for national S&T
development.
(3) Deleted.
Article 4 (Important Matters to Include in Basic Plan for Science and Technology)
The phrase "other important matters on S&T promotion
as prescribed by Presidential
Decree" in subparagraph 13, Article 7 (3) of the Act means matters in each of the
following subparagraphs:
1. Matters on expanding the foundation of S&T, such as R&D facilities and equipment;
2. Matters on developing and supporting science research complex;
3. Matters on managing intellectual property rights and their protection policy;
4. Matters on establishing the national S&T standard classification system;
5. Matters on subsidizing funds for technological innovation; and
6. Matters on supporting policies related to national standards.
Article 5 (Formulation of Implementation Plans)
(1) The Minister of Education, Science and Technology shall set up the guidelines for
annual implementation plans (hereinafter referred
to as "implementation plan guidelines")
for the next year, so that the heads of administrative agencies concerned may formulate
and execute annual implementation plans under Article 7 (4) of the Act, and shall notify
the heads of administrative agencies concerned
of the guidelines by Jul. 31 of every year.
(2) The Minister of Education, Science and Technology may, if necessary to draft the
implementation plan guidelines, request the
heads of the administrative agencies
concerned to submit necessary data.
(5) Deleted.
(6) The heads of the administrative agencies concerned shall, when intending to alter
major matters among the fixed implementation
plans, consult in advance with the
Minister of Education, Science and Technology and the Minister of Strategy and
Finance, and
submit the altered implementation plans to the Council.
Article 6 (Setting up Implementation Plans Based on Comprehensive Plan for Local
S&T Advancement)
The provisions of Article 5 (1) through (4) shall apply mutatis mutandis to the
formulation of annual implementation plans based
on the comprehensive plan for the
advancement of local science and technology under Article 8 (3) of the Act, and to the
submittal
or reporting of performance results of the previous year. In such cases, "the
heads of administrative agencies concerned" shall
be regarded as "the heads of local
governments," "basic plan" as "comprehensive plan for local S&T advancement," and
"the Council"
as "the Local S&T Promotion Council."
Article 7 (Organization of Council)
(1) The term "heads of relevant central administrative agencies and heads of similar
agencies determined by Presidential Decree"
in subparagraph 1, Article 9 (4) of the Act
means the Minister of Strategy and Finance, the Minister of National Defense, the
Minister
of Public Administration and Security, the Minister of Culture, Sports and
Tourism, the Minister for Food, Agriculture, Forestry
and Fisheries, the Minister of
Knowledge Economy, the Minister for Health, Welfare and Family Affairs, the Minister
of Environment,
the Minister of Land, Transport and Maritime Affairs, the Minister of the
Prime Minister's Office, and the heads of central administrative
agencies which are
deemed by the chairperson of the Council (hereinafter referred to as the "Chairperson") to
have relation with
the agenda presented to the Council.
Article 8 (Operation of Council)
(1) Deleted.
(2) When the Chairperson intends to convene a meeting, he shall notify each member of
the date, venue and agenda of the meeting
not later than seven days prior to the opening
of meeting: Provided, that this shall not apply to the cases where there exists an
emergency situation or other inevitable cause.
(3) The meeting of the Council shall open with the attendance of a majority of its
members, and be resolved with consenting votes
of not less than two thirds of its
members present.
(4) Deleted.
(5) Deleted.
(6) The Chairperson shall have meeting minutes prepared and kept at the Council.
Article 8-2 (Operation of Secretariat)
(1) The head of the secretariat under Article 9 (8) of the Act (hereinafter referred to as the
"head of secretariat") shall be a
general-category public official belonging to senior civil
service group of the Ministry of Education, Science and Technology, and
who is
nominated by vice chairperson of the Council.
(2) The head of the secretariat shall perform the tasks of each of the following
subparagraphs:
1. Matters on preparing for meetings of the Council as well as meetings of the
operation committee, special committee, expert committee
and working committee,
all of which are under the Council (hereinafter collectively referred to as the
"subordinate committees");
2. Matters on preparing the agenda presented to and deliberated by the Council and
subordinate committees, and matters on consultation
and coordination therefor; and
3. Other matters concerning the operational assistance for the Council and subordinate
committees.
[This Article Newly Inserted Feb. 29, 2008]
Article 9 (Request for Presentation of Agenda)
(1) The heads of the central administrative agencies concerned may, when they judge it
necessary, present major policies and plans
on science and technology under their
respective jurisdiction, to the Council as agenda.
(3) The heads of administrative agencies concerned shall, upon receiving the request for
presenting the agenda under paragraph (2),
present them to the Council meeting unless
there exists any special reason to the contrary.
Article 10 (Organization and Operation of Operating Committee)
(1) The Operating Committee under Article 9 (8) of the Act (hereinafter
referred to as the
"Operating Committee") shall consist of not more than 35 members including one
chairperson.
1. General-category public officials belonging to the Senior Civil Service Group of the
central administrative agencies to which
the Council members belong, the vice-
commissioner of the Defense Acquisition Program Administration, the deputy
administrator
of the Rural Development Administration, the deputy administrator of
the Small and Medium Business Administration, the vice-commissioner
of the
Korean Intellectual Property Office, the vice-commissioner of the Food and Drug
Administration, the secretary of science
in the President's Office, and general-
category public officials belonging to the Senior Civil Service Group of the central
administrative
agency deemed by the chairperson of the Operating Committee to be
pertaining to the agenda presented to the Operating Committee;
and
2. Persons commissioned by the chairperson of the Operating Committee among
persons with professional knowledge and rich experience
in science and technology.
(3) Members of the Council falling under subparagraph 2, Article 9 (4) of the Act, who
are appointed
by the chairperson may join the Operating Committee as a member.
(4) The term of office for the members commissioned under subparagraph 2 of paragraph
(2) shall be two years.
(7) The chairperson of the Operating Committee shall, when intending to convene a
meeting, notify each member of the date, venue
and agenda of the meeting not later than
seven days prior to the opening of the meeting: Provided, that this shall not apply if
there
exists emergency situations or other inevitable cause.
(8) The meeting of the Operating Committee shall convene with the attendance of a
majority of its members and be resolved with the
consenting votes of a majority of its
members present.
(1) Cases to be delegated by the Council to the Operating Committee for a deliberation
under Article 9 (9) of the Act shall be as
seen in each of the following subparagraphs:
1. Matters on opinions to be suggested to the Minister of Education, Science and
Technology and the Minister of Knowledge Economy
regarding budget request
standards for research institutions under the jurisdiction of the basic technology
research council and
the industrial technology research council (hereinafter referred
to as "each research council") provided in the latter part of Article
13 (2) of the Act
on the Establishment, Operation and Fosterage of Government-Funded Research
Institutions in Science and Technology
Field, and regarding the supervision of
projects and budgets of the research council under Article 29 (2) of the same Act and
the
research institutions under the jurisdiction of such research council;
2. Matters concerning the government-invested agencies subject to recommendation for
investment in basic scientific research under
Article 16 (2) of the Researches of
Basic Sciences Promotion Act, and on the decision of the investment scale;
2-2. Matters concerning
the implementation plans under the basic plan, and the
performance results under subparagraph 3, Article 9 (2) of the Act;
3. Matters concerning the recommendation of R&D investment under subparagraph 4,
Article 9 (2) of the Act;
4. Matters concerning the plan for investigation, analysis and assessment of national
R&D projects under Article 20 (1) and the results
of investigation, analysis and
assessment under subparagraph (4) of the same Article;
4-2. Matters concerning the report on the
results of S&T forecasts that are made by the
Minister of Education, Science and Technology under Article 22 (4) and (6) and on
the results of S&T forecasts or technologies demand surveys made by the heads of
the central administrative agencies;
4-3. Matters concerning the report on the results of technology impact assessment
under Article 23 (5) and (7), and on the results
of the same type assessment
performed by the heads of the central administrative agencies concerned for the field
under their respective
jurisdiction;
4-4. Matters concerning the report on the results of technology level assessment
conducted by the head of the central administrative
agency concerned for the field
under their respective jurisdiction under Article 24;
5. Matters concerning establishing and enforcing the national S&T standard
classification table under Article 27 (1) of the Act;
5-2. Matters concerning the report on securing and upgrading of R&D facilities and
equipment, the plan for their joint utilization
under Article 42 (5);
5-3. Matters concerning the report on the results of evaluating research councils and
Government-funded research
institutions, etc. under the jurisdiction of the relevant
central administrative agencies pursuant to Article 32 (3) of the Act;
5-4. Matters concerning the annual implementation plans under the plan stipulated
under other laws and regulations to be formulated
after undergoing the deliberation
by the Council, and the performance results thereon; and
6. Other matters delegated by the Chairperson to the Operating Committee after
undergoing deliberation by the Council.
(2) The Operating Committee may receive reports in each of the following
subparagraphs:
1. Matters concerning the result of specific evaluation and self evaluation conducted by
the Minister of Strategy and Finance under
Article 12 (7); and
2. Matters concerning compilation of budgets related to national R&D projects.
Article 12 (Organization and Operation of Specialized
Committee)
(1) Specialized committees may be formed for each field under the Operating Committee
pursuant to Article 9 (9) of the
Act. 1. Deleted. 2. Deleted. 1. Deleted. 2. Deleted.
(4) Each specialized committee shall examine and coordinate in advance the agenda to be
presented to the Operating Committee for
the concerned field. 1. Deleted. 2. Deleted. 3. Deleted. 4. Deleted. 5. Deleted.
(6) The term of office for the members commissioned under paragraph (2) shall be two
years.
(7) In the cases where it is deemed necessary to form specialized committees besides
those in each subparagraph of paragraph (1),
for the purpose of professionally examining
the urgent cases related to the promotion of S&T, the chairperson of the Operating
Committee may form such committees for a temporary period.
(8) Each specialized committee may, where deemed required for the efficient
examination
of the agenda, may form and operate subcommittees.
[Wholly Amended Dec. 29, 2006]
Article 13 Deleted.
Article 13-2 Deleted.
Article 13-3 Deleted.
Article 14 Deleted.
Article 14-2 Deleted.
Article 14-3 Deleted.
Article 15 (Organization and Operation of Local S&T Promotion Council)
(1) The Council for the Promotion of Local Science and Technology
under Article 9 (10)
of the Act (hereinafter referred to as the "Local Council") shall consist of not more than
35 members including
a chairperson. 1. Each person nominated by the head of the competent agency, from general-category
public officials belonging to the Senior Civil
Service Group of the Ministry of
Strategy and Finance, the Ministry of Public Administration and Security, the
Ministry for Health,
Welfare and Family Affairs, the Ministry of Environment, the
Ministry of Land, Transport and Maritime Affairs, the Rural Development
Administration, and the Small and Medium Business Administration;
2. Each person nominated by the head of competent local government such as the
mayor of the Special Metropolitan City or Metropolitan
Cities and governor of Do,
from public officials of Grade I in their ranks (including public officials of
equivalent level) belonging
to such local governments; and
3. Persons commissioned by the chairperson of the Local Council from those with
professional knowledge and abundant experience in
the promotion of local S&T.
(3) The term of office for the members commissioned under subparagraph 3 of paragraph
(2) shall be
two years.
(5) The Local Council may form a working council under the Council to examine the
agenda to be presented to the Council.
The Council, joint working council, Operating Committee and specialized committees,
special committee and working committee, Local
Council and working council
(hereinafter referred to collectively as the "Council, etc.") may, where deemed required
for deliberation
on the agenda and execution of other duties, request the relevant agencies
and experts to provide data or opinion, and request them
to attend meetings of the
Council, etc. to hear their opinions.
Allowance and travel expenses may be paid within the limit of budget to the members
and parties who attended the Council, etc. and
the experts who provided their opinions:
Provided, that this shall not apply to such cases where the members who are public
officials
attended the Council, etc. in direct connection with their duties.
Article 19 (Detailed Rules for Operation)
Necessary matters concerning the operation of the Council, etc. other than those provided
for in this Decree shall be determined
by the respective heads of the Council, etc. subject
to resolution of the Council, etc.
CHAPTER III PROMOTION OF R&D IN SCIENCE AND TECHNOLOGY
Article 20 (Investigation, Analysis and Evaluation of National R&D Projects)
(1) Pursuant to Article 12 (1) of the Act, the Council shall formulate the plan for
investigation and analysis of national R&D
projects, and the Minister of Strategy and
Finance shall formulate the plan for evaluation of the same, both of which shall be
notified to the heads of the central administrative agencies concerned by Nov. 30 of every
year.
(2) The plan for investigation and analysis and the plan for evaluation shall include the
names of agencies to submit, projects
subject thereto, data to be submitted, and submittal
period, etc.
(3) In accordance with the plan for investigation and analysis and the plan for evaluation,
the heads of the central administrative
agencies concerned and the head of each research
council shall submit the data listed hereunder concerning R&D projects under their
respective jurisdiction to the Council and the Minister of Strategy and Finance:
1. Implementation plans (including plan for achievements and matters on performance
results) of the national R&D projects for the
particular year;
2. Inventory of agreed tasks; and
3. Other data as determined by the secretary of the Council or the Minister of Strategy
and Finance in consultation with the heads
of the central administrative agencies
concerned.
(4) Based on the plan for investigation and analysis and the plan for evaluation, as well as
the data submitted under paragraph
(3), the Council shall conduct investigation and
analysis of national R&D projects, and the Minister of Strategy and Finance shall
conduct
evaluation of the same: Provided, that evaluation of the national R&D projects for the
research institutions under jurisdiction
of research councils shall be conducted by each
council, which shall submit the evaluation results (including plans for achievements
and
matters on performance results) to the Minister of Strategy and Finance.
(5) The Committee shall build a database with the data submitted under paragraph (3) and
the results of evaluation, etc. conducted
under paragraph (4), and facilitate efficient
utilization of the database. 1. Deleted. 2. Deleted.
(1) The opinions on investment priority of national R&D projects under Article 12-2 (1)
of the Act shall include the direction of
major investments, the order of priority for each
sector of policies, the improvement direction for the related system, etc.
(2)
The Minister of Strategy and Finance shall submit the results of budget compilation
related to national R&D projects to the National
Science and Technology Council, and the
Council may suggest opinions on the results where necessary.
Article 21-2 Deleted.
Article 21-3 Deleted.
Article 22 (Forecast, Etc. of Science and Technology)
(1) The Minister of Education, Science and Technology shall conduct investigation
and
analysis on major statistics and indices of science and technology every year under
Article 13 (1) of the Act, and issue public
notice thereof.
(4) The Minister of Education, Science and Technology shall report the result of
conducting S&T forecasts to the Council and issue
public notice thereof.
(5) S&T forecast shall be conducted via entrustment to the Korea Institute of S&T
Evaluation and Planning (hereinafter referred
to as the "Evaluation and Planning
Institute") established under Article 20 of the Act.
(6) The heads of the central administrative
agencies concerned may conduct S&T
forecasts and technology demand surveys for the field under their respective jurisdiction,
separately
from S&T forecasts under paragraph (2), and when they have conducted the
same, they shall report the result thereon to the Council
and issue public notice thereof.
(7) The heads of the central administrative agencies concerned shall, based on the results
of
S&T forecasts and technology demand surveys under paragraphs (2) and (6), explore
core technologies important for the advancement
of the national economy, and actively
reflect the result in formulating national R&D projects under their respective jurisdiction,
and promote such core technologies.
Article 23 (Scope and Procedure of Technology Impact Assessment)
(1) Technologies subject to the assessment of impacts under Article
14 (1) of the Act
(hereinafter referred to as the "technology impact assessment") shall be those determined
by the Minister of
Education, Science and Technology in consultation with the head of the
central administrative agency concerned, which are new technologies
of the future,
technologies generating extensive effect in technical, economic or social sectors, and
technologies with large ripple
effects, etc.
1. Effects to be brought about by a technology from the viewpoint of increasing
benefits for people's lives and contributing to the
development of related industries;
2. Effects to be brought about by new science and technology to the economy, society,
culture, ethics and environment; and
3. In the cases where technology may possibly involve a negative side effect, palns to
prevent such side effects.
(3) The technology impact assessment shall be conducted via entrustment to the
Evaluation and Planning Institute by the Minister
of Education, Science and Technology.
(4) The head of the Evaluation and Planning Institute shall, upon finishing the technology
impact assessment, report its results
to the Minister of Education, Science and
Technology: Provided, that the assessment shall be conducted with increased participation
of civilian experts, civic organizations, etc. under Article 2 and through the collection of
the opinions of general public.
(6) The heads of the central administrative agencies concerned shall, upon receiving the
notification of the result of the technology
impact assessment, reflect it in research
planning for national R&D projects under their respective jurisdiction, and establish
and
execute the countermeasures to minimize negative side effects of such technology.
(7) The heads of the central administrative
agencies concerned may conduct technology
impact assessments for the field under their respective jurisdiction, and if such assessment
is conducted, they shall report its results to the Council.
Article 24 (Procedure of Technology Level Assessment)
The heads of
the central administrative agencies concerned may conduct technology level
assessments for the field under their respective jurisdiction
through consultation with the
related Ministries under Article 14 (2) of the Act, and when such assessment is conducted,
they shall
report its ensuing results to the Council.
Article 24-2 (Organization and Operation of Basic Science Research Promotion
Council)
(1) Members of the Basic Science Research Promotion Council under Article 15-2 (1) of
the Act (hereinafter in this Article referred
to as the "Basic Science Council") shall be
persons falling under each of the following subparagraphs:
1. Persons commissioned by the Minister of Education, Science and Technology
through recommendation by the related societies, etc.,
who has professional
knowledge and abundant experience in basic scientific research;
2. General-category public officials belonging to the Senior Civil Service Group of the
central administrative agencies which are
deemed by the chairperson of the Basic
Science Council to have relations with the agenda presented to the Council, and who
are
appointed by the heads of the competent agencies;
(2) The Basic Science Council shall have a secretary to perform the Council affairs,
who
shall be appointed from public officials of Grade III or IV belonging to the Ministry of
Education, Science and Technology.
(3) The chairperson of the Basic Science Council shall exercise overall control of the
Council affairs, and convene meetings of
the Council when he/she deems it necessary or
when there is a request from its member.
(4) The chairperson of the Basic Science Council shall, when intending to convene a
meeting of the Council, notify the date and
time, venue and agenda of the meeting not
later than seven days before opening the meeting: Provided that this shall not apply to
the
cases where there exist emergency situations or other inevitable causes.
(5) Meetings of the Basic Science Council shall convene
with the attendance of a majority
of its members and be resolved with the consenting votes of a majority of its members
present.
(6) The Basic Science Council may, if required for the deliberation of the agenda and
execution of other tasks, request the related
institutions and experts to submit data or
opinions, or request the related persons to attend a meeting to hear their opinions.
(7) Allowances and travel expenses may be paid to the members and related persons who
attended meetings of the Basic Science Council,
and to the experts who submitted
opinions, within the limit of budget: Provided, that the same shall not apply to the cases
where
the members who are public officials attend such meetings in direct relation with
their duties.
(8) The term of office for the members commissioned under subparagraph 1 of paragraph
(1) shall be two years.
[This Article Newly Inserted Mar. 29, 2006]
Article 25 (Exchange of Science and Technology Personnel)
(1) The heads of the institutions related to cooperative R&D projects
shall, when
intending to mutually exchange scientists and engineers under Article 17 (3) of the Act,
submit a written application
for exchange of scientist and engineers as prescribed by the
Ordinance of the Ministry of Education, Science and Technology to the
Minister of
Education, Science and Technology.
Article 26 (Exchange and Cooperation of S&T between South and North Korea)
(1) The Minister of Education, Science and Technology
shall, in order to expand the
exchange and cooperation in science and technology fields between South Korea and
North Korea under
Article 19 of the Act, formulate an exchange and cooperation plan for
science and technology between South and North Korea reflecting
the contents of the
basic plan (hereinafter referred to as the "exchange and cooperation plan"), through
consulting in advance
with the heads of administrative agencies concerned, such as the
Minister of Unification, the Director of National Intelligence
Service, etc. and execute the
plan.
(2) The exchange and cooperation plan shall include matters in each of the following
subparagraphs:
1. Promotional direction of exchange and cooperation in science and technology;
2. Joint research on S&T, exchange of S&T manpower and information, diffusion of
S&T culture, etc.; and
3. Other important matters concerning the exchange and cooperation in S&T fields
between South and North Korea.
(3) The specialized agency under Article 19 (3) of the Act shall be designated by the
Minister of Education, Science and Technology
by receiving applications from the
agencies, corporations and organizations falling under any of the following
subparagraphs: 1. Institutions or organizations falling under any subparagraph of Article 7 (1) of the
Technology Development Promotion Act;
2. The Korea Foundation for the Advancement of Science and Creativity established
under Article 30 (4) of the Act (hereinafter referred
to as the "Korea Science and
Creativity Foundation");
3. Nonprofit corporations, organizations or research institutions related to research on
South-North reunification; and
4. Juridical persons or organizations falling under any subparagraph of Article 49.
(4) A person who intends to be designated as
a specialized agency under paragraph (3)
shall submit a written application determined by the Ordinance of the Ministry of
Education,
Science and Technology to the Minister of Education, Science and Technology.
(5) The head of the specialized agency designated under paragraph (3) shall submit the
business plan for the specified year, the
plan for using funds and the performance results
of the previous year (limited to those having results) concerning the exchange
and
cooperation plan, to the Minister of Education, Science and Technology by Jan. 31 every
year.
(6) The Minister of Education, Science and Technology shall, upon designating a
specialized agency, issue public notice of the matters
falling under each of the following
subparagraphs in the official gazette: 1. Name and address of the specialized agency;
2. Date of designation and duration of such designation; and
3. Types and scope of the tasks of the agency.
Article 27 (Tasks, Etc. of Korea Institute of S&T Evaluation and Planning)
(1) The
term "national R&D projects prescribed by Presidential Decree" in subparagraph
5, Article 20 (4) of the Act means the projects for
which the task of research planning and
investigation analysis is entrusted by the Minister of Education, Science and Technology,
and the task of evaluation is entrusted by the Minister of Strategy and Finance, to the
Evaluation and Planning Institute. 1. Deleted. 2. Deleted. 3. Deleted. 4. Deleted. 5. Deleted. 6. Deleted.
(3) The Evaluation and Planning Institute shall, when intending to receive the payment of
Government contributions under Article
20 (6) of the Act, submit a written application for
payment of the contribution, along with the documents in each of the following
subparagraph, to the Minister of Education, Science and Technology by April 30 of every
year:
1. Business plans for the next year;
2. Estimated balance sheet and estimated profit and loss statement for the next year;
and
3. Other documents required for the payment request of Government contributions.
CHAPTER IV EXPANSION OF S&T INVESTMENT AND MANPOWER
RESOURCES
Article 28 (Recommendation of R&D Investment to Government-Invested Institutions,
Etc.)
The Council may set the sizes of R&D investment each year for the institutions in each of
the following subparagraphs, and recommend
their investment in R&D for the related
projects:
1. Government-invested institutions under the Framework Act on the Management of
Government-Invested Institutions; and
2. Institutions determined by the Council as the planner or executor of the projects
which involve high-degree application of cutting-edge
S&T and clear rippling effect
from an industrial and economic aspect, among large scale projects executed by the
State.
Article 29 (Opening of Fund Account
(2) Deleted.
(3) The Minister of Education, Science and Technology may not use more than 10/100 of
the operating money of the Fund for the purposes
stipulated in subparagraph 2-2, Article
22 (3) of the Act.
Article 30 (Financial Resources of Fund for S&T Promotion)
The term "other revenues as determined by Presidential Decree" in subparagraph
5,
Article 22 (2) of the Act means those listed in each of the following subparagraphs:
1. Transferred money from other funds;
2. Proceeds from operating the assets in kind; and
3. Revenues determined by the Minister of Education, Science and Technology, shared
from royalties of the specific R&D projects under
Article 7 of the Technology
Development Promotion Act and the atomic energy R&D projects under Article 9-2
of the Atomic Energy
Act.
Article 30-2 (Usages of Fund for S&T Promotion)
(1) The term "contribution, investment or loan as prescribed by Presidential Decree" in
subparagraph 2, Article 22 (3) of the Act
means usages in each of the following
subparagraphs:
1. Contribution to universities and research institutions; and
2. Contribution, investment or loan to enterprises.
(2) Necessary matters concerning the loan under subparagraph 2 of paragraph (1),
such as
interest on the loan, shall be determined by the Minister of Education, Science and
Technology through consultation with
the Minister of Strategy and Finance.
[This Article Newly Inserted Dec. 29, 2006]
Article 31 Deleted.
Article 32 (Formulation of Fund Operation Plan)
(1) The Minister of Education, Science and Technology shall formulate each fiscal year
the plan for Fund operation including the
matters in each of the following subparagraphs:
1. Matters on revenues and expenditures of the Fund;
2. Matters on usage plan of the Fund; and
3. Other matters deemed by the Minister of Education, Science and Technology as
necessary for the Fund operation.
(2) The Fund operation plan under paragraph (1) shall be subject to the approval of the
President after undergoing the deliberation
by the Cabinet Council.
Article 33 (Accounting Agency for Fund)
(1) The Minister of Education, Science and Technology shall appoint the Fund revenue
collection officer, the Fund financial officer,
the Fund disbursing officer and the Fund
accounting staff from the public officials under his/her jurisdiction in order to perform
the
affairs concerning revenues and expenditures of the Fund.
(2) Deleted.
(3) Matters on appointment of the accounting agency which shall be entrusted with the
operation and management of the Fund under
Article 34, and notification thereof, shall be
determined by the Ordinance of the Ministry of Education, Science and Technology.
Article 34 (Entrustment of Fund Operation and Management Service)
The Minister of Science and Technology shall entrust the Korea
Science and Engineering
Foundation established under the Korea Science and Engineering Foundation Act with the
operation and management
service for the Fund, pursuant to Article 22 (4) of the Act.
The Minister of Education, Science and Technology may utilize uncommitted spare
money of the Fund according to the methods in any
of the following subparagraphs:
1. Deposit with a financial institution under Article 2 of the Banking Act or a
specialized credit financial company registered for
new technology financial
businesses under Article 3 of the Specialized Credit Financial Business Act;
2. Deleted.
3. Purchasing securities under Article 4 of the Capital Market and Financial Investment
Business Act.
Article 36 (Detailed Rules for Fund Operation)
Necessary matters concerning the operation and management, etc. of the Fund, other than
those stipulated in this Decree and the
Ordinance of the Ministry of Education, Science
and Technology, shall be determined by the Minister of Education, Science and
Technology.
Article 38 (Cultivation and Utilization of Female Scientists and Engineers)
(1) The Minister of Education, Science and Technology
shall formulate plans for the
cultivation and utilization of female scientists and engineers pursuant to Article 24 of the
Act,
by hearing the opinions of the heads of the pertinent central administrative agencies.
(2) The plans referred to in paragraph (1) shall include matters falling under each of the
following subparagraphs:
1. Matters on planning and promotion of R&D projects related to enhancing the
competitiveness of female scientists and engineers;
2. Matters on boosting morale of female scientists and engineers;
3. Matters on increasing employment of female scientists and engineers;
4. Matters on fostering women's organizations in S&T fields;
5. Matters on supporting institutions which are engaged in the cultivation and
utilization of female scientist and engineers; and
6. Other important matters concerning the cultivation and utilization of female
scientists and engineers.
(3) A policy advisory organ concerning female scientists and engineers may be formed
under the jurisdiction of the Minister of Education,
Science and Technology in order to
provide advice as requested by the said Minister.
Article 39 (Finding and Cultivating Scientific Talents)
(1) The Minister of Education, Science and Technology shall formulate the
plan for
finding and cultivating young scientific talents in the science field under Article 25 of the
Act by hearing the opinions
of the heads of the central administrative agencies concerned,
and reflect the plan in the comprehensive plan for the education
of talents under
subparagraph 1, Article 3 (1) of the Act on the Promotion of Specific Education for
Brilliant Children.
1. Target of finding and cultivating scientific talents, and promotional direction to
attain the target;
2. Establishment or designation and utilization of educational institutions for scientific
talents;
3. Methods to build interconnected operation systems among educational institutions
for scientific talents; and
4. Development of programs for cultivating scientific talents.
CHAPTER V SOLIDIFYING S&T FOUNDATION AND CREATING
INNOVATIVE ENVIRONMENT
Article 40 (Building Management and Distribution System for S&T Knowledge and
Information, Etc.
(1) The knowledge and information related to S&T and national R&D projects, which
shall be produced, distributed, managed and utilized
under Article 26 (1) of the Act, shall
include collected information in the S&T field from domestic and overseas sources,
academic
journals, treatises, information on subjects and results of research, their
evaluation and adjustment for national R&D projects,
information on technologies and
industries, information on patents, information on R&D human resources, materials,
equipment and
facilities, and information on technology transfer.
(2) The Minister of Education, Science and Technology shall reflect the policies and
measures provided in each subparagraph of Article
26 (1) of the Act in the S&T sector
plan among the implementation plans for promotion of informatization under Article 6 of
the
Framework Act on Informatization Promotion, and in the basic plan for the
management of knowledge and information resources under
Article 7 of the Knowledge
Information Resource Management Act, and shall execute the policies and measures.
(3) The Minister of Education, Science and Technology may, in order to efficiently
manage and distribute the knowledge and information
on S&T and national R&D projects,
request the institutions that implement, or assist or manage, the national R&D projects to
submit
necessary data.
(5) The assisting agency referred to in Article 26 (3) of the Act (hereinafter in this Article
referred to as the "assisting agency")
shall be the Korea Institute of Science and
Technology Information established under the Act on the Establishment, Operation and
Fosterage of Government-Funded Research Institutions in Science and Technology Field:
Provided, that the Minister of Education,
Science and Technology may separately
designate, after consulting with the heads of the central administrative agencies concerned,
other assisting agencies among the agencies, corporations and organizations falling under
any subparagraph of Article 26 (3) or
the institutions specializing in the planning and
management of R&D projects, to deal with the information which is deemed to be
more
efficient if managed and distributed by specialized institutions, such as information on
equipment, materials and facilities,
information on industries, technology transfer and
patent, and information on meteorology and atomic energy.
(6) The Minister of Education, Science and Technology shall, upon designation as an
assisting agency under the proviso to paragraph
(5), issue public notice of the matters in
each of the following subparagraphs in the official gazette: 1. Name and address of the assisting agency;
2. Date and period of designation; and
3. Types and scope of assisting tasks.
(7) The heads of the assisting agencies shall submit to the Minister of Education, Science
and Technology by Jan. 31 of every year the business plan and fund using plan for the
current year and the performance results
of the previous year concerning the management
and distribution of knowledge and information on S&T and national R&D projects.
(8) The tasks to be assisted by the Korea Institute of Science and Technology Information
under Article 26 (3) of the Act shall
be those listed in each of the following
subparagraphs:
1. Collection and analysis of overall knowledge and information on S&T and national
R&D projects from domestic and overseas sources;
2. Building, interconnection and joint utilization of database related to knowledge and
information on S&T and national R&D projects;
3. Building of distribution system for knowledge and information on S&T and national
R&D projects, and building of their integrated
management system;
4. Standardization for joint utilization of knowledge and information on S&T and
national R&D projects;
5. Assistance to formulate comprehensive policies and plans to facilitate the
management and distribution of knowledge and information
on S&T and national
R&D projects;
6. Other matters required for the promotion of informatization of S&T.
(9) The heads of the assisting agencies shall submit the performance
results of designated
tasks to the Minister of Education, Science and Technology by the 10th of the month next
to the last month
of each quarter.
(2) The head of the Evaluation and Planning Institute shall formulate a plan to prepare the
S&T standard classification table, with
the objective to establish the national S&T
classification system, and notify the plan to each head of the assisting agencies that
perform the tasks of research planning, evaluation and management on national R&D
projects;
(3) Each head of assisting agencies shall, upon receiving the notification of the plan under
paragraph (2), prepare S&T standard
classification table for the field under their
respective jurisdiction, and submit it to the head of the Evaluation and Planning
Institute.
(4) The head of the Evaluation and Planning Institute shall prepare a draft of the national
S&T standard classification
table by integrating the tables submitted under paragraph (3),
and also by receiving the opinions from the societies and organizations
related to S&T as
well as from the Presidential Advisory Council on Education, Science and Technology.
(5) The Minister of Education, Science and Technology shall finalize the national S&T
standard classification table based on the
draft under paragraph (4), confirm it after
undergoing the deliberation by the Council, and issue a public notice thereof.
(6) The Minister of Education, Science and Technology shall research and analyze the
trends of S&T classification in advanced countries,
and revise or supplement the national
S&T standard classification table every three years reflecting changes in circumstances
such
as advent of new technologies, etc. 1. Research planning, evaluation and management of national R&D projects;
2. Forecast of science and technology, and assessment of technology level; and
3. Management and distribution of knowledge and information on S&T.
Article 42 (Efforts to Upgrade R&D Facilities and Equipment)
(1) The heads of the central administrative agencies concerned shall periodically conduct
the survey on demand for R&D facilities
and equipment in order to efficiently promote
the expansion and modernization of R&D facilities and equipment.
(2) Deleted.
(3) The heads of the central administrative agencies concerned shall, when formulating
and implementing mid and long term plans
for national R&D projects, prepare plans for
securing R&D facilities and equipment including matters falling under each of the
following subparagraphs, by reflecting the results of the demand survey under paragraph
(1), and shall also reflect the results
in the mid and long term plans:
1. Plans for securing R&D facilities and equipment required for the related R&D
projects;
2. Plans for operation and joint utilization of R&D facilities and equipment; and
3. Plans for upgrading R&D facilities and equipment.
(4) The heads of the central administrative agencies concerned shall build an
efficient
utilization system for R&D facilities and equipment, such as operation of a joint
equipment and machinery center, facilitation
of their joint utilization, etc.
(5) The Minister of Education, Science and Technology shall integrate the plans for
securing R&D
facilities and equipment and the matters concerning system building for
the efficient utilization of R&D facilities and equipment,
referred to in paragraphs (3) and
(4), and shall formulate a plan for securing, upgrading and jointly utilizing R&D facilities
and equipment after consulting with the heads of the relevant central administrative
agencies, and then report such plan to the
Council.
(6) The heads of the administrative agencies concerned may subsidize, wholly or partly,
the costs required for expanding and operating
R&D facilities and equipment to
universities, research institutions and enterprises.
Article 43 (Development and Support for Science
Research Complex, Etc.)
(1) The science research complex under Article 29 of the Act (hereinafter referred to as
the "science research
complex") shall be developed in accordance with the procedures of
designating and developing national industrial complexes or local
industrial complexes
under the Industrial Sites and Development Act.
1. Research institutions regulated by the Support of Specific Research Institutions Act
and the Act on the Establishment, Operation
and Fosterage of Government-Funded
Research Institutions in Science and Technology Field;
2. Universities, polytechnics, colleges and technical colleges under the Higher
Education Act;
3. National and public research institutions; and
4. Research institutes annexed to companies and industrial technology research
cooperatives under Article 7 of the Technology Development
Promotion Act.
(3) The heads of the central administrative agencies concerned shall provide preferential
support to the universities,
research institutions, enterprises, etc. located in the science
research complex designated under paragraphs (1) and (2), with respect
to the matters
falling under any of the following subparagraphs: 1. National R&D projects under Article 11 of the Act;
2. Support for technological development in private sectors under Article 16 of the Act;
3. Mutual exchange of scientists and engineers under Article 17 (3) of the Act;
4. Facilitation of S&T internationalization, including promotion of international joint
research, etc. under Article 18 of the Act;
5. Support with S&T Promotion Fund under Article 22 of the Act;
6. Cultivation and utilization of S&T manpower under Article 23 of the Act;
7. Building of management and distribution system for knowledge and information on
S&T and national R&D projects under Article 26
of the Act;
8. Upgrading of R&D facilities and equipment under Article 28 of the Act; and
9. Other matters deemed necessary to increase exchange and cooperation among the
institutions located in the science research complex.
(4) The heads of the central administrative agencies concerned shall, in providing
preferential support under paragraph (3), take
into comprehensive account the
developement progress of science research complexes, the number of institutions settled
therein,
and the features of such institutions and their S&T innovation activities, to
provide support suitable to the circumstances of the
respective science research complex.