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Laws of the Republic of Korea |
Article 1 (Purpose)
The purpose of this Decree is to provide for matters necessary for planning, evaluation and
management of the national research
and development project pursuant to Article 11 of the
Framework Act on Science and Technology.
The definitions of terms used in this Decree shall be as follows:
(iibis) The term "cooperative research institute" means, in cases where a research
and development task is divided into more than
two unit tasks, a research
institute which executes the research and development task in cooperation
with the principal research
institute by being in charge of such unit tasks
pursuant to an agreement.
(iiter) The term "joint research institute" means a research institute which divides
a research and development task with the principal
research institute or unit
tasks of a research and development task (hereinafter referred to as "unit
task") with the cooperative
research institute and executes such research and
development task or unit tasks pursuant to an agreement.
(iiquarter) The term
"commissioned research institute" means a research institute which,
pursuant to an agreement, executes a part of the research and
development
task or a part of the unit tasks commissioned by the principal research
institute.
(iii) The term "special agency" means an agency which is established or
appointed by the head of the central administrative agency,
and
commissioned to execute planning, evaluation and management of the
research and development project under its control.
(iv)
The term "practice" means acts of using (including manufacturing by use of
the results of the research and development), assigning
(including transfer
of technology), lending or importing the result of the research and
development.
(v) The term "royalty" means an amount to be paid to the State, the special
agency or the owner of the research and development
result in return for a
license to practice the research and development result (hereinafter referred
to as "license.")
(vi) The term "participating corporation" means a corporation bearing a part of
research and development expenses for the purpose
of using the result of
such research and development; the Industrial Technology Research
Association established pursuant to the
Act on the Support of Industrial
Technology Research Cooperatives; and other agencies designated by the
head of the central administrative
agency.
(vii) The term "contributions" means expenses required to implement research,
which are paid to the research institute from the
budget or fund by the State
without benefit in return in order to accomplish the purpose of the national
research and development
project.
(viii) The term "technology license agreement" means an agreement between the
owner of the research and development result and the
person who intends to
practice such research and development result, with regard to the contents
of the license, the royalty and
methods of payment thereof, etc.; and
(ix) The term "research misconduct" means an act falling under any of the
following items,
in case of proposing the research and development task,
carrying out research and development, making report and presentation of
the research and development result, etc.:
1. An act of forging or altering the researcher's own research and
development data or results, or wrongfully naming author of such
research and development data or results
2. An act of plagiarizing the research and development data or result of
other people, for the purpose of using such data or result
in the
researcher's own research and development data or result; and
3. Other acts of conducting research and development in a unjust
manner
Artcle 2bis (Scope of Application)
This Decree shall not be applied to the government-invested research institutes established
pursuant to the Act on the Establishment,
Operation and Fosterage of Government-Invested
Research Institutions and the Act on the Establishment, Operation and Fosterage of
Government-Invested Research Institutions of Science and Technology; basic project of the
specific research institute to which
the Support of Specific Research Institutes Act applies;
and project of the Agency for Defense Development established pursuant
to the Act on the
Agency for Defense Development.
[Newly Established on Dec. 31, 2008]
Article 3 (Planning of National Research and Development Projects, etc.)
(1) In case where the head of the central administrative
agency intends to implement a
national research and development project, he/she shall conduct preliminary investigations or
planning
research on technological and economic feasibility, etc.
(2) The head of the central administrative agency, in the course of conducting
preliminary
investigations or planning research pursuant to paragraph (1), shall investigate the trend of
patents home and abroad,
technologies, and standardization (which applies only where the
connection between the research and development results and standardization
is needed,) in
case of the national research and development project in the applied research phase and the
development research
phase: Provided, That this shall not apply to short-term projects of less
than two (2) years in duration which are implemented by
the small and medium enterprises
pursuant to Article 2(1) of the Framework Act on Small and Medium Enterprises, in the
capacity
of the principal research institute.
(3) In case where the head of the central administrative agency establishes a plan for a new
national research and development project,
he/she shall endeavor to strengthen the connection
among national research and development projects by consulting with the competent
Ministries to avoid overlap with other projects, etc. and with respect to the national research
and development project for which
the necessity of inter-ministerial joint planning is raised
by the National Science and Technology Council established pursuant
to Article 9 of the
Framework Act on Science and Technology, he/she shall plan such project in joint with the
Minister of Education,
Science and Technology and the head of the relevant central
administrative agency.
(6) In case where the head of the central administrative agency intends to implement a new
project which is expected to cost more
than 10 billion won according to the result of the
preliminary investigations or planning research pursuant to paragraph (1), he/she
shall plan
the project in detail before the compilation of the budget, and submit such plan to the
National Science and Technology
Council along with the national research and development
project related plan, the submission of which is pursuant to Article 12bis(2)
of the
Framework Act of Science and Technology.
(7) The detailed plan of project submitted to the National Science and Technology Council
pursuant to paragraph (6) shall include
matters falling under each of the following
subparagraphs:
(ii) Device of regulation for the matters concerning the affairs under control of
other central administrative agencies (only if
pertinent)
(iii) Plan for evaluation of the national research and development project
(iv) Scale of resources required and method
of securing human resources
(v) Result of review on feasibility of the government support; and
(vi) Expected impact and method
of utilizing the result of the research and
development
Article 3bis (Surveys of Demand for Technologies
(2) When the head of the central administrative agency conducts surveys of demand for
technologies pursuant to (1), he/she shall
take measure to ensure that the result is jointly
utilized by the competent Ministries.
(ii) Trend of research and development and implications with respect to the
proposed technology
(iii) Market trends and size with respect to the proposed technology
(iv) Development period, size and manner of the government
support with
respect to the proposed technology
(v) Research and development implementation system with respect to the
proposed technology; and
(vi) Main points in the evaluation of the proposed technology
[Newly Established on Mar. 8, 2005]
Article 4 (Public Notification and Request of National Research and Development Projects
(1) In case where the head of the central administrative agency intends to implement national
research and development projects,
he/she shall make public notification of the detailed plan
by projects for not less than thirty (30) days. Provided, That he/she
may dispense with such
notification in cases where its impacts on national security, society and economy are feared.
(2) The pubic notification pursuant to paragraph (1) shall include matters falling under each
of the following subparagraphs:
(ii) Eligibility to request for the national research and development project
(iii) Selection procedures and schedules for the national
research and
development project
(iv) Procedures of deliberation and evaluation to select the research and
development task; and
(v) Standards, etc of deliberation and evaluation to select the research and
development task
(3) In case where the head of the central administrative agency makes public notification
pursuant to paragraph (1), he/she shall
publish the contents of such notification on the
National Science and Technology Information System pursuant to Article 16bis(2)
as well.
(i) Necessity of the research and development
(ii) Objective and contents of the research and development
(iii) Aspects and standards of the evaluation
(iv) Strategy, method and system for implementation of the research and
development
(v) Implementation plan of the international joint research (only if the research
and development is jointly implemented with foreign
countries)
(vi) The expected outcome and method of utilizing the result of the research and
development
(vibis) Intentions for registration/deposition of the research outcome pursuant to
Article 2(viii) of the Act on the Performance
Evaluation and Management
of National Research and Development Projects, etc. (hereinafter referred
to as "research outcome")
(vii) Organization list of researchers and specification of expenses for the
research and development; and
(viii) Classification of security grades according to the standard as prescribed by
ordinance of the Ministry of Education, Science
and Technology pursuant
to Article 16(5)
(5) The format of the plan for research and development shall be prescribed by ordinance of
the Ministry of Education, Science and
Technology.
Article 5 (Selection of Research and Development Task)
(1) The head of the central administrative agency, in case of selecting a
research and
development task, shall organize and operate the research and development task evaluation
group in advance, in order
to maintain objectivity in the selection process. Provided, That
where necessary for national security, he/she may not organize
such research and
development task evaluation group.
(3) The head of the central administrative agency, in case of selecting a research and
development task, shall review matters falling
under each of the following subparagraphs:
(i) Creativity and substantiality of the research and development plan
(ii) Standard of research conditions, i.e. human resources
for research, research
equipment, etc.
(iii) Overlap with other research and development tasks which have been or are
being implemented as the national research and development
project
(iv) Validity of the security grade as classified pursuant to Article 4(4)(viii)
(v) Feasibility of constructing research
equipment
(vi) Possibility of international connection and cooperation for the execution of
the research and development task
(vii) Impact of the research and development results; and
(viii) Possibility of utilizing the research and development result, by
means of
transfer of the technology, commercialization, succeeding research, etc.
(4) The head of the central administrative agency,
in case of selecting a research and
development task, shall preferentially treat the researcher who has achieved distinguished
research and development result for the past three years and whose accomplishment in the
technology transfer is distinguished, and
may preferentially treat the research institute in the
alienated area of research and development as designated by the Minister
of Education,
Science and Technology.
(6) The head of the central administrative agency, in case of selecting a research and
development task, shall not preferentially
treat the research and development task, the cost of
which is partially born by the non-profit corporations, i.e. universities,
government-invested
research institutes, etc., on such ground.
(9) Necessary matters concerning the device for selecting and utilizing the evaluation
commissioner in order to secure fairness
of the evaluation pursuant to paragraph (2) through
(6), review of the overlap among the research and development tasks, and the
standard and
method of the preferential treatment or penalties to the research and development tasks, shall
be prescribed by the
ordinance of the Ministry of Education, Science and Technology.
(1) The head of central administrative agency, with respect to the research and development
task which was selected and notified
pursuant to Article 5(7), shall conclude an agreement
with the head of the principal research institute, including matters falling
under each of the
following subparagraphs, within one month after the head of the principal research institute
received the notification
of the selection. In this case, if any of the provisions of this Decree
falls under any of the following subparagraphs, such shall
be preferentially reflected in the
agreement.
(ii) Deleted
(iii) Matters concerning the participating corporation
(iv) Matters concerning method of payment of the research and
development
budget, and use and management thereof
(v) Matters concerning report of the research and development result
(vi) Matters concerning
jurisdiction and utilization of the research and
development result
(vibis) Matters concerning registration and deposition of the research outcome
(vii) Matters concerning collection and utilization
of the royalty
(viii) Matters concerning evaluation of the research and development result
(ix) Matters concerning prevention of
the research misconduct
(x) Matters concerning amendment and cancellation of the agreement
(xi) Measures concerning breach of the
agreement
(xii) Matters concerning consent to the collection and utilization of the
information with regard to the research and development,
i.e., the plan for
the research and development task, the research report, the research outcome,
the participating persons, etc.
(xiii) Matters concerning the registration and management of the research
equipments purchased in the course of implementation of
the research
(xiv) Matters concerning the management of security for the research and
development task; and
(xv) Other matters concerning the research and development
(2) The head of the central administrative agency, notwithstanding the
provisions of
paragraph (1), may conclude agreements en bloc with the head of the special agency, or
implement a national research
development project by way of approving the special agency's
plan for the research and development project. In this case, the head
of the special agency
shall separately conclude an agreement with the head of the principal research institute.
(3) The head of the central administrative agency may conclude a several-year agreement for
the continuing task selected pursuant
to Article 5(8).
(4) The head of the central administrative agency or the head of the special agency, in case
he/she concludes an agreement with
the head of the principal research institute pursuant to
the provisions of paragraphs (1) through (3), shall assign an identification
number to each
task for the purpose of managing the research and development task efficiently.
(5) The Minister of Education, Science and Technology, in consultation with the head of the
related central administrative agency,
shall determine and announce method of assigning the
identification number to each task pursuant to paragraph (4).
(6) The head of the central administrative agency or the head of the special agency may
conclude the agreements pursuant to paragraphs
(1) and (2) (excluding a case where the head
of the central administrative agency concludes agreements en bloc with the head of
the
special agency) and paragraph (3), by the electronic documents pursuant to Article 2(i) of the
Digital Signature Act (limited
to those having the authorized electronic signature pursuant to
Article 2(iii) of the same Act.
(1) The head of the central administrative agency, in case where causes falling under any of
the following subparagraphs have occurred,
may amend the agreement in accordance with
such agreement.
(ii) Where the head of the principal research institute or the head of the special
agency requests to amend the agreement on the
grounds of changes in the
principal research institute, the person in charge of the research, research
objective, research period,
etc.
(iii) In case of the task for which a several-year agreement was concluded
pursuant to Article 7(3), where it is necessary to amend
the agreement
according to the government budget revision, the evaluation result for the
annual actual result and the plan of the
task, etc.; and
(iv) Where the participating corporation relinquishes participation in the national
research and development project
(2) The head of the central administrative agency, in case where he/she amended the
agreement pursuant to paragraph (1), shall notify
the head of the principal research institute
or the head of the special agency thereof without delay.
(1) The head of the central administrative agency, in case where causes falling under any of
the following subparagraphs have occurred,
may cancel the agreement in accordance with
such agreement.
(v) In case of the task for which a several-year agreement was concluded
pursuant to Article 7(3), where the head of the central
administrative agency
has the research and development discontinued as a result of the review of
the annual actual results as referred
to in the proviso of Article 13(1) and the
phase evaluation
(vi) Where the head of the central administrative agency deems it difficult or
unnecessary to continue the implementation of the
research and development
task by the principal research institute or the participating corporations, on
the grounds of dishonor,
court receivership, closing of business, etc.; and
(vii) Where the head of the central administrative agency deems it impossible
to
continue the implementation of the research and development due to the
finding of misconduct pursuant to Article 19ter(3)
(2)
The head of the central administrative agency, in case where causes falling under any of
the subparagraphs of paragraph (1) have
occurred, shall take appropriate measures, such as
suspending execution of the budget, conducting on-the-spot research on the actual
condition,
etc.
(3) In case where the head of the central administrative agency cancels the agreement
pursuant to paragraph (1), he/she shall collect
an amount corresponding to the share of the
government contributions from the remaining research and development budget except the
actual cost spent in such research and development. In this case, when the agreement is
cancelled on the grounds falling under
subparagraphs (i) through (iv) of the paragraph (1) and
subparagraphs (vi) and (vii) of the same paragraph, he/she may collect all
or a part of the
government contributions, and if necessary, take disciplinary measures pursuant to Article 20.
(4) When the head of the central administrative agency determine the amount of contributions
to collect pursuant to the latter part
of paragraph (3), he/she shall organize and operate a
special evaluation group in advance and refer the matter to such special evaluation
group for
deliberation on the measurement of the research accomplishment, etc.
(5) The provisions of article 5(1) and (2) shall apply mutatis mutandis to the organization and
operation of the special evaluation
group pursuant to paragraph (4).
Article 10 (Payment and Management of the Research and Development Budget)
(1) The head of the central administrative agency may
contribute to all or a part of the
research and development budget, and in cases where there are corporations participating in
the national research and development projects, the standard with regard to the contribution
and payment of the research and development
budget by the central administrative agency
and the participating corporation shall be as prescribed in the attached Table 1. Provided,
That, the head of the central administrative agency, in cases where there are corporations
participating in the research and development
task which is in the phase of basic research,
may increase the contributions above the prescribed standard in the attached Table
1, and in
cases where there are corporations participating in the research and development task which
is in the phase of development
research, he/she may reduce the contributions below the
prescribed standard in the attached Table 1.
(5) The Minister of Education, Science and Technology, with respect to the indirect costs of
non-profit corporations, i.e. government-invested
research institutes, specific research
institutes, universities, etc., shall determine and announce the appropriation standard in
consultation with the head of the related central administrative agency every fiscal year. In
this case, he/she shall consider
the result of the investigation and evaluation pursuant to the
latter part of paragraph (4) when deciding on the standard for appropriation
of the indirect
costs for universities, and if there is the person in charge of the research who is restricted
from participating
on the grounds falling under each of the subparagraphs of Article 20(1),
such shall be considered when determining the standard
for appropriation of the indirect costs
for the research institute to which such person belongs.
(6) In case the head of the principal research institute receives the contributions from the
government or other persons than the
government and shares from the participating
corporations, he/she shall establish a separate account and manage such contributions
and
shares by obtaining the credit card connected to such account. In this case, the research and
development budget shall be spent
via credit card or bank transfer, and cash may be used
only if using credit card is impossible.
(7) In cases of spending the research and development budget, evidentiary materials shall be
provided. Provided, That, the head
of the central administrative agency may have the
submission of all or a part of the evidentiary materials dispensed with in cases
where credit
card is used.
(8) In case where the head of the principal research institute intends to increase the labor
costs or the budget for the commissioned
research more than 20% of the amount in the plan
of the research and development or the annual actual result/plan submitted pursuant
to Article
6(1), he/she shall obtain the approval of the head of the central administrative agency or the
head of the special agency.
(10) Necessary matters concerning payment and management of the research and
development budget pursuant to paragraphs (1) through
(9) shall be prescribed by ordinance
of the Minister of Education, Science and Technology.
Article 10bis (Committee for Calculating Indirect Cost
(iii) Matters concerning institutes to which the standard for appropriation of the
indirect cost applies; and
(iv) Other matters deemed necessary in calculating the indirect cost by the
chairperson
(4) For the purpose of professionally reviewing the agenda to be introduced into the
committee, the subcommittee which is composed
of experts in the relevant field may be
established by the Government-invested research institutes, specific research institutes,
universities and non-profit corporations.
[Newly Established on Mar. 8, 2005]
Article 11 (Report on the Research and Development Spending Result, etc)
(1) The head of the principal research institute shall
report to the head of the central
administrative agency and the head of the special agency on the actual research and
development
spending result within three months after the period of the agreement is expired,
via documents falling under each of the following
subparagraphs or electronic documents
thereof pursuant to Article 2(i) of the Digital Signature Act. Provided, That this shall not
apply to the principal research institute which is deemed to satisfy the standard separately
determined and announced by the Minister
of Education, Science and Technology with
respect to appropriateness of the execution and management procedures for the research
and
development budget, the extent to which the foundation of the research budget management
is established, transparency of the
execution procedures for the research budget, etc.
(ii) Internal financial audit comments of the research institute: Provided, That in
the cases separately designated by the head
of the central administrative
agency, such internal financial audit comments can be substituted by the
confirmation written by
the head of the relevant central administrative
agency.
(2) The head of the central administrative agency or the head of the special agency who were
reported on the actual research and
development spending result pursuant to paragraph (1),
shall sample a part of the executed research and development tasks and settle
the budget
thereof, to confirm that research and development budgets are properly executed. Provided,
That in cases where settlement
system is not constructed in the principal research institute, or
if otherwise deemed necessary by the head of the central administrative
agency, he/she may
settle the budget for all of the executed research and development tasks.
(3) The head of the special agency who were reported on the actual research and development
spending result pursuant to paragraph
(1), shall report to the head of the central
administrative agency on the review result of such report and the research and development
budget settlement result pursuant to paragraph (2).
(4) The head of the central administrative agency, in cases where there remains a balance of
the research and development budget
after reducing the amount falling under each of the
following subparagraphs, or where unjustly executed amount is found as a result
of the
review on the actual research and development spending pursuant to paragraph (1) and the
settlement of the research and
development budget, shall collect an amount corresponding to
the share of the government contributions from the relevant amount.
(i) In cases of the budget for the research and development task for which a
several-year agreement is concluded, the annual remaining
balance which is
ordered to be included in the budget for such research and development for
the next year by the head of the central
administrative agency
(ii) The remainder of the indirect cost budget among the research and
development budget, which is ordered
to be included in such indirect cost
budget for the next year by the head of the central administrative agency
(Provided, That
this shall not apply to cases where the agreement is
cancelled on the grounds falling under Article 9(1)(ii) to (iv), (vi) or (vii));
and
(iii) The remainder of the budget for labor costs which is paid to the researchers
of Bachelor, Master, Ph.D. candidates (hereinafter
referred to as "student
researcher") among the research and development budget, which is ordered
to be spent within one year after
the relevant research and development task
is concluded by the head of the central administrative agency. In this case,
the unit
cost paid shall not exceed the unit cost at the time of the
participation in the research and development task.
(5) The amount
collected pursuant to paragraph (4) shall revert to the national treasury or the
relevant fund by the head of the central administrative
agency.
(6) The format for each subparagraph of paragraph (1) and specific matters concerning
collection of the remaining balance of the
research and development budget and the unjustly
executed amount shall be prescribed by Ordinance of the Minister of Education,
Science and
Technology.
Article 11bis (Certification of Excellent Institute for Management of the Research and
Development Budget)
(1) The Minister of Education, Science and Technology may certify an institute among the
institutes implementing a national research
and development project, which satisfies the
standard announced by the Minister of Education, Science and Technology pursuant to
the
proviso of Article 11(1), as the excellent institute for management of the research and
development task.
(2) The research institute to be certified pursuant to paragraph (1) and the standard of the
certification may be determined by
the Minister of Education, Science and Technology, in
consultation with the head of the related central administrative agency.
(3) The Minister of Education, Science and Technology may preferentially treat the excellent
institute for management of the research
and development task when deciding on the standard
for appropriation of the indirect costs pursuant to Article 10(5), and shall
inform the head of
the related central administrative agency thereof, in order to grant benefits to such institute,
such as exemption
of the report on the actual research and development spending result
pursuant to the body of Article 11(1), and preferential treatment
when conducting institute
evaluation pursuant to Article 32(2) of the Framework Act on Science and Technology, etc.
(4) The Minister of Education, Science and Technology may inspect the research budget
management system of the excellent institute
for management of the research and
development task up to twice a year, and when material faults concerning the management of
the
research budget, i.e. embezzlement of the research budget, etc., are found as a result of
such investigation, he/she shall cancel
the certification and notify the head of the relevant
central administrative agency thereof.
(5) In case where the Minister of Education, Science and Technology investigates pursuant to
paragraph (4), he/she shall notify
the relevant research institute of the investigation plan
including the date and time, contents and person in charge of the investigation,
in a written
document seven (7) days before the investigation. Provided, That this shall not apply to the
case where it is urgent.
(6) The Minister of Education, Science and Technology shall establish and provide a standard
manual for managing the research budget
to the research institutes in order to execute the
research and development budget transparently.
Article 12 (Report on the Research and Development Result)
(1) The head of the principal research institute, in case where the research
and development is
concluded, shall submit the final report and summary on the research and development,
internal evaluation comments
and an electronic copy thereof, to the head of the central
administrative agency. Provided, That in cases where the head of the
central administrative
agency approves, the internal evaluation comments may not be submitted.
(2) The final report on the research and development pursuant to paragraph (1) shall include
matters falling under each of the following
subparagraphs:
(ii) Present status of the research and development home and abroad
(iii) Contents and result of the implementation of the research
and development
(iv) The extent to which the objective is accomplished and the extent to which
the research and development contributed
to the related area.
(v) Plan for utilizing the research and development result
(vi) Information on science and technology abroad
gathered during the course of
the research and development
(vii) Summary including the main points of the research and development; and
(viii) The present status of the research equipment
registered to the National
Science and Technology Information System pursuant to Article 16bis(2)
(3) The head of the central administrative
agency shall separately manage the research and
development results which need security protection and fall under the following
subparagraphs, from among the reported research and development results pursuant to
paragraph (1):
(ii) The research and development result concerning development of the world
top class technology product
(iii) The research and development result which is deemed necessary to
protect as the technology for which localization is implemented
since the
request for the technology transfer was rejected by foreign countries, or the
future core technology
(iv) The research and development result which can be diverted to the
technology related to national defense and national security;
and
(v) Other research and development results that do not fall under the
subparagraphs (i) through (iv), among the national core
technologies
designated pursuant to Article 9 of the Act on Prevention and Protection
Industrial Technology
(4) Necessary matters concerning the format and the submission method of the final report
and summary, the internal evaluation comments
shall be prescribed by Ordinance of the
Minister of Education, Science and Technology.
Article 13 (Evaluation of the Research and Development Result)
(1) The head of the central administrative agency may conduct the
interim and final
evaluation of the research and development result, the plan and actual result of utilizing the
research outcome,
and conduct the follow-up evaluation to utilize the research and
development result. Provided, That with respect to the continuing
task pursuant to Article
5(8), whose research period is divided into phases according to an agreement, the interim
evaluation in
the middle of the phase shall be replaced by the review of the annual actual
result/plan, and the phase evaluation shall be conducted
at the end of the phase.
(2) Where necessary on the ground of national security, or deemed necessary to conduct a
different evaluation by the head of the
central administrative agency considering
characteristics of the research and development task, size of the research and development
budget, etc., the evaluation pursuant to paragraph (1) may be dispensed with.
(4) In case where the head of the central administrative agency evaluates the research and
development result, he/she shall organize
the evaluation group, with priority given to the
experts who participated in the evaluation to select the research and development
task, by
utilizing the group of candidates for evaluation commissioner pursuant to Article 16bis(4),
and if necessary, by utilizing
foreign experts, etc., and thereby professionalism, objectiveness
and fairness shall be maintained.
(1) The head of the central administrative agency may discontinue the research and
development task falling under any of the following
subparagraphs as a result of the interim
or phase evaluation pursuant to Article 13(1), and shall establish a plan for the next
phase
research and development with due considerations for the matters raised in the phase
evaluation.
(ii) If absolute evaluation method is employed, the cases where the research and
development obtains less than 60% of the full mark.
(2) The head of the central administrative agency, if necessary, shall take disciplinary
measures pursuant to Article 20 against
the research and development task for which the
result of the interim, phase or final evaluation is extremely poor. Provided, That
the head of
the central administrative agency may mitigate and remit the disciplinary measures in cases
where it is deemed that
the research and development was sincerely implemented.
(3) The head of the central administrative agency, in cases where the evaluation result
pursuant to Article 13(5) falls under any
of the following subparagraphs, may take measures
such as suspending the research and development task or changing the objective
of such
research and development, in compliance with an agreement.
(i) Where the research and development is deemed unnecessary, since similar
results to those of the research and development which
is the subject of the
phase evaluation have been already developed; and
(ii) Where implementing the research and development in
the next phase is
deemed unnecessary due to the unexpected changes in the research and
development environment
(4) The head of the central administrative agency may consider follow-up measures for the
task whose final evaluation result is
superior, such as supporting such superior result to be put
into practical use.
(5) The head of the central administrative agency may operate the system of objection to
selection of the research and development
task pursuant to Article 5(1) and the evaluation
result pursuant to Article 13(1).
(3) The Minister of Education, Science and Technology shall link the National Science and
Technology Information System pursuant
to Article 16bis(2) to the database pursuant to
paragraph (2), in order for the information on the research and development result
to be
provided in an integrated manner.
(ii) Where the head of the central administrative agency approved of the request
by the head of the principal research institute
to withhold the disclosure for
the purpose of securing intellectual property rights; and
(iii) Where the head of the central administrative
agency approved of the request
by the representative of the participating corporations to withhold the
disclosure on the justifiable
grounds of protecting trade secret, etc.
(6) Necessary matters concerning distribution, disclosure, etc. pursuant to paragraphs
(1)
through (3) shall be prescribed by Ordinance of the Minister of Education, Science and
Technology.
Article 15 (Ownership of Research and Development Result)
(1) The tangible result of the implementation of the national research
and development
project, i.e. research equipment, research facilities, trial products, etc., shall belong to the
principal research
institute (cooperative research institute in case of unit tasks) in compliance
with an agreement. Provided, That the research equipment
and the research facilities which
are paid for by the joint research institute, the commissioned research institute and the
participating
corporation (hereinafter referred to as "participating institute") in exchange of
ownership, may belong to such participating institute.
(2) The intangible result of the implementation of the national research and development
project, i.e. intellectual property rights,
copyrights of the research reports, etc., shall belong to
the principal research institute (cooperative research institute in case
of unit tasks) in
compliance with an agreement. Provided, That in cases falling under subparagraphs (i) and
(ii), the participating
institute may own such intangible result by itself, and in cases falling
under subparagraph (iii), the principal research institute
(cooperative research institute in case
of unit tasks) and the participating institute may jointly own such intangible result.
(i) The intangible result which is developed by the participating institute or
under the leadership of such participating institute
(ii) Where the principal research institute or joint research institute does not
have intentions to own the research and development
result; and
(iii) Where it is deemed more efficient by the head of the central administrative
agency for the research and development
result to be jointly owned by the
principal research institute (cooperative research institute in case of unit
tasks) and the participating
institute, for the purpose of utilization of such
research and development result
(3) In cases falling under any of the following subparagraphs, the head of the central
administrative agency may nationalize the
research and development result pursuant to an
agreement, notwithstanding the provisions of paragraphs (1) and (2):
(i) Where necessary on the grounds of national security
(ii) Where necessary to utilize the research and development result in the
public
interest
(iii) Where the institute to own the research and development result pursuant to
paragraphs (1) and (2) is located abroad; and
(iv) Other cases where it is deemed incongruent for the principal research
institute, joint research institute and the participating
institute to own the
research and development result
(4) The head of the central administrative agency, notwithstanding the provision of paragraph
(3)(iii), in cases where any of the
principal research institute, joint research institute and the
participating institute that jointly implemented the research with
the relevant institute, is
located within the country, may have such domestic institute to own the research and
development result.
(i) In cases of the tangible result pursuant to paragraph (1), where the institute
which owns the research and development result
has retrieved the amount
corresponding to the share of the government contributions from the value
amount of such research and
development as royalties, etc., from the
participating corporations or the practicing corporations; and
(ii) In cases of the intangible
result pursuant to paragraph (2), where the institute
which owns the research and development result has completed to collect the
royalty pursuant to Article 18(1) from the participating corporation or the
practicing corporation
(7) The respective head of the principal research institute, the joint research institute and the
participating institute, in cases
where applying for or registering intellectual property rights as
a research and development result of the national research and
development project, shall
take measures falling under any of the following subparagraphs:
Article 16 (Security of the Research and Development Project)
(1) The head of the central administrative agency shall provide positive
support to protect the
research and development result which is worth being protected from leakage to the foreign
countries by
creating intellectual property rights, etc.
(2) The head of the central administrative agency shall establish and implement security
measures in order to prevent leakage of
the highly advanced scientific technology during the
course of implementing the national research and development project.
(3)
The head of the institute which implements the national research and development project
shall establish and implement security
measures including the matters falling under each of
the following subparagraphs, in order to prevent leakage of important information
and the
research and development result during the course of implementing such national research
and development project:
(iii) Security measures for when the contents and the result of the research and
development are publicly announced
(iv) Security measures concerning information communication network and
information system, which are used in the national research
and
development project; and
(v) Security measures concerning documents, computers and other storage
media designated by the head of the central administrative
agency, which
include the contents of the research and development or information on the
research and development result
(4) The Minister of Education, Science and Technology shall establish common standards
and procedures which are necessary in order
for the head of the relevant central
administrative agency and the head of the institute which implements the national research
and development project to establish and implement security measures pursuant to
paragraphs (2) and (3).
(6) The head of the central administrative agency may investigate the actual security
conditions and then order improvement measures,
and as for the important national research
and development project related to national security, public interests, or highly advanced
science and technology, he/she may investigate the actual security conditions jointly with the
related agencies, i.e. National
Intelligence Service, etc.
Article 16bis (Management of Research and Development Information)
(1) The head of the central administrative agency, in order to
manage every research and
development information with respect to information on the research and development task of
the national
research and development project which is being promoted, the evaluation
commissioner and evaluation result, the research outcome,
etc., shall link the information
management system operated by the special agency to the National Science and Technology
Information
System pursuant to paragraph (2). In this case, the head of the central
administrative agency may designate the representative special
agency to generally manage
the research and development information, if there are a number of special agencies under
his/her control.
(2) The Minister of Education, Science and Technology shall establish the plan for the
management of the research and development
information for the national research and
development project, in order to systemically manage the research and development
information
for the national research and development project which is implemented by the
central administrative agency, according to the policy
related to knowledge and information
of science and technology pursuant to Article 26 of Framework Act on Science and
Technology,
and construct and operate the National Science and Technology Information
System (it means the information system constructed and
operated in order to generally
manage and provide the result of the investigation, analysis, evaluation and adjustment for
the
national research and development project and information on the national research and
development project and the research and
development task of each ministry, and hereinafter
referred to as "National Science and Technology Information System").
(3) The Minister of Education, Science and Technology, in order to manage and operate the
National Science and Technology Information
System efficiently, may request the related
central administrative agencies, local governments, related education and research institutes,
corporations and parties to submit the research and development information or data thereof
under their control, or to have the
information systems under their control to be mutually
linked to the National Science and Technology Information System, and the
head of such
agencies, corporations or parties shall comply with it unless he/she has any special reasons.
(i) Personal information
(ii) Specialty
(iii) Research area
(iv) Record related to publication of papers
(v) Record related to evaluation; and
(vi) Other matters necessary to select evaluation commissioner
(5) The head of the principal research institute shall register the
equipment whose acquisition
cost is higher than 30 million won, or otherwise the equipment which can be communally
utilized, from
among the equipment acquired through the national research and development
project, to the National Science and Technology Information
System and manage such
equipment within thirty (30) days after the acquisition.
[Newly Established on Mar. 8, 2005]
Article 16ter (Preparation of Foundation for Management and Distribution of Research
Outcome)
(1) The head of the principal research institute or the head of the special agency may register
or deposit the research outcome
to the agency pursuant to attached Table 3 as determined
when concluding the agreement pursuant to Article 7.
(2) The agency to
which the research outcome is registered or deposited pursuant to
paragraph (1) shall construct and operate the system for management
and distribution of
information related to the research outcome, in connection with the National Science and
Technology Information
System.
(3) Specific matters concerning the standard and procedures of the registration or deposition
pursuant to paragraph (1) shall be
prescribed by ordinance of the Minister of Education,
Science and Technology.
(4) The agency to which the research outcome is registered or deposited pursuant to
paragraph (1) shall perform its duty to maintain,
preserve and manage such research outcome.
[Newly Established on May 27, 2008]
Article 17 (Promotion for Utilization of Research and Development Result)
(1) The head of the institute which owns the research
and development result or the head of
the special agency, in order for such research and development result to be widely utilized,
shall take necessary measures to utilize the research and development result, such as
concluding a technology license agreement
with the licensee, etc. In this case, the person
located in the country shall be considered preferentially for a contracting party.
(2) In cases where there are the participating corporations, such participating corporations
shall practice the research and development
result in principle, but in cases falling under any
of the following subparagraphs, others than the participating corporations may
practice the
research and development result:
(ii) In cases where others than the participating corporation wish to practice the
result, and the participating corporation have
consented to such; and
(iii) In cases falling under each of the following items and where the participating
corporation has been
given the opportunity of vindication
1. In cases where the participating corporation has not entered into a
license agreement within two years after the completion of
the
research and development task without justifiable reasons
2. In cases where the agreed royalties have not been paid for over one
year
3. In cases where the participating corporation has not started the
business utilizing the research and development result within
one
year after conclusion of a technology license agreement without
justifiable reasons, or suspended the business for over one
year; and
4. Other cases where it is deemed necessary by the head of the central
administrative agency to practice the result by others than
the
participating corporation
(3) The head of the administrative agency or the head of the special agency may have the
head of the research institute to submit
a report on the utilization of the research and
development result by the end of February every year starting from the year following
the
completion of the research and development task, for five years at the longest.
(4) The head of the administrative agency, in case of the research and development task in the
development research phase, shall
promote to utilize the research and development result by
evaluating the actual result for the utilization of the research and development
result within
three years after the completion of such research and development, etc.
(5) The head of the research institute which owns the research and development result, in
cases where there exist the grounds on
which a technology license agreement for the
registered intellectual property right is predicted not to be concluded, he/shall assign
the
registered intellectual property right to the appropriate institute with approval of the head of
the special agency or the
head of the central administrative agency on the propriety of such
grounds. In this case, Article 19 shall apply mutatis mutandis
to the use of the revenue
generated from such assignment.
Article 18 (Collection of Royalties)
(1) The head of the institute which owns the research and development result (where the State
owns such result pursuant to Article
15(3), the head of the special agency) shall collect the
royalty when concluding a technology license agreement with who intends
to practice the
research and development result. Provided, That the head of the special agency shall collect
the royalty from which
intends to practice the result in its own possession from among the
institutes which own the research and development results as
profit corporations.
(2) In cases where the institute which owns the research and development result as a profit
corporation practices such result in
its own possession pursuant to the proviso of (1), the
conclusion of a technology license agreement pursuant to the body of paragraph
(1) may be
substituted by submission of the plan for payment of royalty in compliance with the
agreement to the head of the special
agency.
(4) The head of the research institute which owns the research and development result or the
head of the special agency, in cases
where he/she collected the royalty pursuant to (1), shall
submit the report on the collection result of the royalty to the head
of the central
administrative agency.
(1) In cases where the head of the institute which owns the research and development result is
a non-profit corporation, the royalty
collected pursuant to the body of Article 18(1) shall be
spent as follows:
(i) More than 50% of the share of the government contributions: the
compensation to the researchers who participated in the research
and
development task; and
(ii) Remaining amount after deduction of the amount as referred to in
subparagraph (i): costs for reinvestment in the research and
development,
operating costs of institute, costs for application, management, etc. of
intellectual property rights and compensation
to the employees, etc. who
contributed to the dissemination of technology
(2) In cases where the head of the institute which owns the research and development result is
a profit corporation, the royalty
collected pursuant to the body of Article 18(1) shall be spent
as follows:
(i) More than 30% of the share of the government contributions: payment to the
special agency
(ii) More than 35% of the share of the government contributions: the
compensation to the researchers who participated in the research
and
development task; and
(iii) Remaining amount after deduction of the amount as referred to in
subparagraphs (i) and (ii): costs for reinvestment in the
research and
development, operating costs of institute, costs for application, management,
etc. of intellectual property rights
and compensation to the employees, etc.
who contributed to the dissemination of technology
(3) The royalty to be paid to the special
agency pursuant to paragraph (2)(i) shall be
transferred to the special agency within thirty (30) days after the collection date.
(4) The head of the central administrative agency, if necessary, may have the head of the
institute which owns the research and
development result who collected the royalty pursuant
to the body of Article 18(1) to report on the spending result of the royalty
pursuant to
paragraphs (1) and (2).
(i) Compensation to the researcher (limited to the researcher who belongs to a
non-profit corporation) who participated in the research
and development
task
(ii) Operating costs of the research institute which implemented the relevant
research and development task; and
(iii) Compensation to the employees, etc. belonging to the research institute who
contributed to dissemination of technology
(6) The head of the central administrative agency shall reinvest the royalty which is collected
by the head of the special agency
pursuant to the proviso of Article 18(1), after deduction of
the amount spent pursuant to paragraph (5), and the royalty which is
paid to the special
agency pursuant to paragraph (2), in the national research and development project in
consultation with the
Minister of Strategy and Finance, or invest in the business for the
purpose of promoting technology development and promoting welfare
of the persons in the
science and technology fields, or include in the fund pursuant to State Finance Act and utilize
thereof.
Article 19bis (Establishment and Provision of Guide to Secure Research Ethics)
(1) The Minister of Education, Science and Technology
shall establish and provide the guide
which is necessary in order to prevent research misconducts and guarantee research ethics
in
cases where the head of the central administrative agency, the head of the special agency, or
the head of the research institute
promotes, manages or implements the national research and
development project (hereinafter referred to as "research ethics guide.")
(2) The research ethics guide shall include the matters falling under each of the following
subparagraphs:
(i) Definition and types of research misconduct
(ii) Role and responsibility of the special agency, the research institute and the
researcher to secure research ethics
(iii) Inspection procedures and method on the existence of research misconduct
(iv) Protection of the informant with respect to
research misconduct
(v) Measures following the inspection result for research misconduct; and
(vi) Other matters necessary to secure
research ethics, i.e. the record for the
research implementation process
(3) The Minister of Education, Science and Technology, in cases where he/she intends to
prepare or modify the research ethics guide,
shall collect opinions of the related research
institutes, etc., and consult with the head of the related central administrative
agency.
[Newly described on Feb. 8, 2007]
Article 19ter (Inspection of Research Misconduct and Related Measures, etc.)
(1) The head of the special agency and the head of
the research institute, in cases where they
concluded the agreement to follow the underlying spirit and contents of the research
ethics
guide with the head of the central administrative agency, shall prepare and administer the
internal provisions with respect
to research ethics, with due considerations for such research
ethics guide.
(2) The head of the research institute shall inspect the alleged research misconducts in
compliance with the internal provisions
of the inspection procedures pursuant to paragraph
(1), and notify the head of the central administrative agency of the result of
such inspection.
Provided, That in cases where the head of the research institute requested the head of the
special agency to act
on behalf of him/her on the grounds of difficulty in securing inspection
experts, etc., the head of the special agency shall inspect
according to the internal provisions
of the inspection procedures pursuant to paragraph (1) and notify thereon.
(3) When the head
of the central administrative agency reviews the inspection result notified
pursuant to paragraph (2) (including cases where he/she
inspects further in person) and
thereby judges that research misconduct exists, he/she may take measures against the head of
the
special agency and the head of the research institute pursuant to the agreement, i.e. the
cancellation of the research agreement,
restriction of participation in the national research and
development project, demand for disciplinary punishment against who committed
the
research misconduct, etc.
(4) The Minister of Education, Science and Technology may inspect whether the head of the
special agency and the head of the research
institute prepares the internal provisions pursuant
to paragraph (1) and administer effectively thereof, and request National Science
and
Technology Council or the head of the central administrative agency to have such result
reflected in the evaluation of the
research institute, distribution and settlement of the budget
for the national research and development project, and the decision
for the standard for
appropriation of the indirect costs.
[Newly Established on Feb. 8, 2007]
Article 20 (Punitive Measures against Violations)
(1) The head of the central administrative agency may restrict the researcher
in charge, the
research institute, the participating corporation or the practicing corporation from
participating in the national
research and development project according to an agreement or a
technology license agreement reflecting the standards falling under
each of the following
subparagraphs. Provided, That this shall not apply if there is any justifiable reason.
(i) Where the research and development result is of extremely inferior quality:
three (3) years
(ii) Where the research contents are leaked without appropriate procedures: two
(2) years (5 years in cases where such contents
are leaked abroad)
(iii) Where the implementation of the research and development task is
abandoned without any justifiable reasons:
three (3) years
(iv) Where the participating corporation or the practicing corporation does not, or
neglect to pay the royalty
without any justifiable reasons: two (2) years
(v) Where the contributions are spent for other purposes than the budget for the
research and development: up to five (5) years
(vi) Where there exists an activity which is deemed as the research misconduct
pursuant to Article 19ter(3): up to three (3) years;
and
(vii) Other cases where the provisions of this Decree or an agreement are
violated: one year
(2) In cases where more than two of the provisions prescribed under each of the
subparagraphs of paragraph (1) are violated, the
period during which participation in the
project is restricted may be added up to the extent of five years.
(3) In cases where the head of the central administrative agency takes disciplinary matters
pursuant to paragraph (1), shall notify
the relevant central administrative agency and the
related agencies of such disciplinary matters, and register such disciplinary
matters to the
National Science and Technology Information System.
(4) The head of the relevant central administrative agency notified of the disciplinary matter
pursuant to paragraph (3), may restrict
the person, the corporation or the institute who or
which received disciplinary measures from participating in the national research
and
development project in compliance with an agreement.
Article 21 (Establishment and Administration of Specific Provisions)
The head of the central administrative agency may establish
and enforce separate specific
provisions including matters falling under each of the following subparagraphs to the extent
that
they do not conflict with this Decree.
(ii) Matters concerning selection of the research and development task and
evaluation of the research and development result; and
(iii) Matters concerning collection of the royalty and spending thereof
ADDENDA (Enforcement Decree of the Copyright Acts)
This decree enters into force on July 23, 2009.
Article 3 (Amendment of Other Acts and Decrees)
(1) and (2) Omitted
(3) Part of the Provisions on Management of National Research and Development, etc. shall
be amended as follows:
In the Attached Table 3, the blank for the dedicated organization for management and
distribution of software reads as follows:
Korea Copyright Commission pursuant to Article 112 of the Copyright Act
(4) through (9) Omitted
Article 4 Omitted
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