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ENFORCEMENT DECREE OF THE RESEARCHES OF THE BASIC SCIENCES PROMOTION ACT

Ministry of Education, Science and Technology (Basic Research Support Division) 02- 2100-6828

Article 1 (Purpose) The purpose of this Decree is to prescribe such matters delegated in Researches of the Basic Sciences Promotion Act, (hereinafter referred to as "the Act") and those necessary for its enforcement. Article 2 (Definition) The definition of the terms used in this Decree shall be as follows.

1. The term "research professor" refers to a person qualified as a professor in accordance with the provisions of Article 2, Provisions relating professor- qualification standard, etc., whom belongs to a research institute and works in the research field, and has done so for certain period within the provision and in connection with the University professor qualification standard works in the research field.

2. The term "visiting professor" refers to adjunct professors and visiting professors teaching and leading students upon invitation of a University, in accordance with the provisions of Article 2, Provisions relating to professor-qualification standard, etc..

3. The term "postdoctoral researcher" refers to a person holding a doctorate degree, whom works as an exclusive researcher in a specialized institute at home and abroad, as an employee, and has done so for a certain period of time for the purpose of training and supplementing of creative research capacity.

4. The term "research leave" refers to a person who is qualified as a professor in accordance with the provisions of Article 2, Provisions relating to professor- qualification standard, etc., working in a research area only upon payment for a specific a period of time, in accordance with the provisions of Article 15 (2), theHigh Education Act.

Article 3 (The establishment of a comprehensive plan) A comprehensive plan for basic sciences promotion (hereinafter referred to as "a comprehensive plan") in accordance with the provisions of Article 5 of the Act, the Minister of Education, Science and Technology Agency shall establish after a review by National Science & Technology Council (hereinafter referred to as "National Science & Technology Council"), in accordance with Article 9, Framework Act on Science and Technology. The same shall apply in case of modifying a comprehensive plan.

A preparation cycle of a comprehensive plan in accordance with the provisions of paragraph (1) shall be in five years, but the Minister of Education, Science and Technology Agency shall notify it publicly, if establishing or implementing a comprehensive plan.

In establishing a comprehensive plan in accordance with paragraph (1) , the Minister of Education, Science and Technology Agency shall determine matters necessary for the preparation guidelines of a comprehensive plan and notify it to the head of the relevant central administrative agency.

T he Minister of Education, Science and Technology Agency may request the head of the relevant central administrative agency to forward necessary data and matters required to be included in a comprehensive plan.

Article 4 (Establishment and implementation of the enforcement plans) The enforcement plans (hereinafter referred to as "enforcement plans") in accordance with the previsions of Article 5 (3) of the Act, shall include matters as prescribed in the following subparagraphs.

1. Promotional directions of the project in the pertinent year

2. Detail planning project by major project

3. Investment plans, etc. by major project The head of the relevant central administrative agenc y shall establish the enforcement plans by the end of Feb. each year, and report it to The Minister of Education, Science and Technology Agency.

The head of the relevant central adminis trative agency shall report implementation performance of the enforcement plans to the Minister of Education, Science and Technology Agency by Mar. 31 of the following year.

The Minister of Education, Science and Technology Agency shall sum up the notified implementation performance in accordance with the provisions of paragraph (3), and report it to National Science & Technology Council.

Article 5 (Promotion of basic sciences research projects) The head of the relevant central administrative agency shall set up and promote basic sciences research projects as separate projects, in accordance with the provisions of Article 6 of the Act. The enforcement plant in accordance with the provisions of Article 4, shall include measures in accordance with classifications of the any of the following subparagraphs:

1. Ministry of Education, Science and Technology A. System preparation and security of finance for basic operation of University research laboratory, and expansion of appliances as well as research facilities. B. Expansion of research finances such as, academic research subsidy for research expenses extension of universities.

C. Development of measures for the implementation of research professor, research leave, visiting professor and researcher fellowship systems, etc. D. Fostering plans for excellent researchers of universities E. Manpower expansion and development of a system for efficient promotion of basic sciences research projects.

F. Development of a system regarding cooperation and international interchange promotion between academies, research and industrial circles. G. Establish research infrastructure, organize research environment and support for fostering of excellent research groups and research laboratories affiliated with universities.

H. Development of a system an expansion of equipment, machineries and materials for research in order to promote basic sciences research. I. Support of pooling and the operation of large facilities such as radiation and fusion energy research devices

J. Support and encourage basic sciences research activities of national and public research institutes.

2. Deleted

3. Ministry of National Defense A. Promotion of basic sciences research in the field of defense industry B. Support/foster manpower in the range determined by military service, the Act and subordinate statutes regarding the military, for people completed master's and doctorate courses.

C. Encouragement and support for basic sciences research activities of national and public research institutes

4. Deleted

5. Deleted

6. Deleted

7. Deleted

8. Deleted

9. Deleted

10. Deleted

11. Deleted

12. National Emergency Management Agency A. Promotion of security industry and disaster safety related basic sciences research B. Encouragement and support for basic sciences research activities of the security industry, including disaster and safety related national and public research institutes. The head of the relevant central administrative agency may formulate administrative support measures for professors and universities, preferentially in promoting basic sciences research projects in accordance with the provisions of paragraph (1).

The Minister of Education, Science and Technology Agency shall prepare a standard relating basic research expenses calculation in promoting basic science research projects. Article 6 (Entrusting of detail planning projects) Matters prescribed in the following subparagraphs shall be determined, in case where entrusting detail planning projects in accordance with Article 5 (1), of the Act.

1. Detail and scope of entrusted projects.

2. Project entrusting period

3. Entrusted project expenses and payment method.

4. A project belongs to entrusted projects.

5. Implementation result report on entrusted projects

6. Other matters pertaining to entrustment. The chief of an agency entrusted a specific project in accordance with the provisions of Article 6 (1), shall submit a entrustment project plan (hereinafter referred to as `promotional plans") including the matters of the following subparagraphs to the head of the relevant central administrative agency. The same shall apply when there is to be any change in the approved promotional plans.

1. Details of entrusted projects by single project

2. Schedule and promotional schedule by project

3. Single project expenses and management method.

4. Other matters pertaining to entrustment. The head of the a relevant central administrative agency may, if deemed necessary, request the head of the relevant entrusting agency to redress or modify approved promotional plans in accordance with paragraph (2) in order to effectively promote basic sciences research.

[Amended entirely on Aug. 5, 2005]

Article 7 (Agreement details) Details of agreement shall include matters of the any of the following subparagraphs in accordance with the provisions of Article 6 (3) of the Act.

1. A person in charge of research, an implementation method, scope, tasks of research.

2. Research expenses, payment period and method.

3. Research result reporting

4. Usage and management of research and development expenses

5. Modification and rescission of the research agreement

6. Measures regarding violation of agreement

7. Other matters pertaining to entrustment. [Amended entirely on Aug. 5, 2005]

Article 8 deleted

Article 9 deleted

Article 10 deleted

Article 11 deleted

Article 12 deleted

Article 13 deleted

Article 14 (Fostering of research manpower) The government may assist research allowance or a research scholarship to students majoring in the pertaining field, in order to foster manpower of basic sciences research.

Research institutes, or the heads of organizations or relevant enterprises, shall cooperate actively in the admission of researchers of the basic sciences research field, into master's and doctorate courses at undergraduate schools, in order to improve their capability in accordance with the provisions of each of the subparagraphs of Article 7 (1) of theTechnology Development Promotion Act. Fostering of manpower for basic sciences research, in accordance with the provisions of paragraph (1), shall be based on undergraduate schools; however, the Minister of Education, Science and Technology Agency may control the personnel of master's and doctorate courses, in accordance with the provisions of paragraph (2). Article 15 (Expansion of research manpower) A University may appoint, by temporary contract, post-doctors, research professors or visiting professors, pursuant to ordinance of the Minister of Education, Science and Technology Agency in order to secure manpower necessary for basic sciences research projects. In this case, remuneration shall be made from financial resources, such as research project expenses. A University may implement a research assistance system to utilize students in master's and doctorate courses of undergraduate schools as research assistants. In this case, remunerations shall be paid taking the financial resources such as, research project expenses.

Article 16 (Creation of research conditions) A University may establish research professors in an affiliated research laboratory of a University to enhance the basic sciences research capability of professors, and provide training abroad or research vacations to facility professors to focus on research. A Univer sity may dispatch, support or allow concurrent positions for professors (including assistant professors) to related research institutes and industries as visiting researchers to promote qualitative improvement of basic sciences research. Article 17 (Operation and work execution of the Korean Academy of Science and Technology) The following employees of the any subparagraphs shall be established in The Korean Academy of Science and Technology (Hereinafter referred to as "Academy"), in accordance with the provisions of Article 11 (1).

1. Comprise a minimum of fifteen members, including one director

2. Two auditors Academy shall be comprised of the members of academy. A director shall represent and control the overall tasks of an academy. General assembly shall be established in order to deliberate and make decisions of critical matters of an academy.

Other matters necessary for the operation and organization of academy shall be in accordance with the articles.

[Amended entirely on Aug. 5, 2005]

Article 18 (Support for academic societies activities) The government may assist the expenses necessary for the matters related to the activities of academic organizations, publishing of scientific journal, opening of science council, the operation of science organizations and institutes in accordance with the provisions of Article 13 of the Act. Article 19 (international joint research development projects) The "projects determined by Presidential Decree", as prescribed in accordance with Article 14 of the Act shall be other projects related to international joint research, reciprocal utilization, interchange of researchers and exchange of scientific information of research facilities, jointly implemented with foreign governments, international organizations and other foreign organizations, etc.

Article 20 deleted

Article 21 (Support of government-invested organizations) The Minister of Education, Science and Technology Agency may request the Minister of Strategy and Finance to encourage government-invested institutes subject to the same law to invest in basic sciences research at the time of creating guidelines for common budgeting, in accordance with Article 21 of the same law, or administration objective formation guidelines as prescribed by Framework Act on the Management of Government- Invested Institutionsof Article 5.

The Education, Science and Technology Agency may request the f orwarding of budget and planning projects relating to technological development necessary for the accomplishments of concerned institute through government-invested institutions.

Article 22 (Imposition and collection procedure of fine for negligence) In case where the Minister of Education, Science and Technology Agency intends to impose a fine for negligence as prescribed in Article 18 (2) of the Act, he/she shall give the person subject to the deposition of the fine for negligence a notice to pay such a fine by specifying in writing the fact of the violation, method for raising objection, the period of objection and the amount of the fine for negligence, after investigating and confirming the offence in question.

In case of the Minister of Education, Science and Technology Agency imposes a fine for negligence in accordance with paragraph (1), he/she shall grant an opportunity to the person who is subject to a deposition, for the fixed period of time of ten or more days, to present oral or written opinion (including electronic messages). In this case, the said person shall be deemed to have no opinion in the absence of statement of opinion within such period.

I n determining the amount of a fine for negligence, the Minister of Education, Science and Technology Agency shall take into account the motive and consequence of the offences in question. [Newly Inserted on Mar. 31, 2005]

ADDENDUM (Ministry of Public Administration and Security, and Institutions Attached thereto)

Article 1 (Enforcement Date) The Decree shall enter into force on the date of its promulgation.

Article 2 through Article 4 omitted

Article 5 (Amendment Other Laws) through omitted. <16> A part of Researches of Basic Sciences Promotion Act is amended as follows. The "Minister of Education and Human Resources Development" in the preceding paragraph of Article 14 (3) and Article 15 (1) shall be renamed respectively to "the Minister of Education, Science and Technology Agency ". <17> through <175> omitted