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Selected Statutes of the Republic of Korea |
제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
Act No. 7204, Mar. 22,2004
Amended by Act No. 7949, Apr. 28, 2006
Act No. 8096, Dec. 28, 2006
Act No. 8389, Apr. 27, 2007
Act No. 8852, Feb. 29,2008
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of national competitiveness and to the development of the national economy by facilitating the utilization of scientists and engineers by fostering talented scientists and engineers and by providing better treatment thereto.
Article 2 (Definitions)
The definitions of terms used in this Act are as follows: <AmendedbyAct
No. 7949, Apr. 28, 2006; Act No. 8096, Dec. 28, 2006>
1. The term “scientists and engineers” means persons prescribed by
Presidential Decree, who have majored in the fields of natural science and engineering, and of interdisciplinary convergence relating
thereto
(hereinafter referred to as “science and engineering”);
2. The term “universities” means schools under any subparagraph of Article
2 of the Higher Education Act, the Korea Advanced Institute of Science
and Technology under the Korea Advanced Institute of Science and
Technology Act, the Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act and polytechnic
colleges under subparagraph 1 of Article 2 of the Polytechnic College
Act;
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3. The term “research institutes” means research institutes in the following
items:
(a) Research institutions in the fields of science and engineering among
the research institutions receiving contributions or subsidies from the State or local governments (hereinafter referred to as “subsidized
research institutions”);
(b) Research institutes under Article 2 of the Support of Specific
Research Institutes Act;
(c) Research institutes affiliated with enterprises conforming to the
standards prescribed by Presidential Decree in terms of research manpower, facilities, etc.;
(d) Research institutes affiliated with science and engineering
universities;
(e) National and public research institutions;
(f) Specialized manufacturing technology research institutes under
Article 42 of the Industrial Technology Innovation Promotion Act;
4. The term “research and development service business” means the following types:
(a) Research and development business that conducts research and development in the fields of science and engineering independently
for profit-making or is entrusted with development;
(b) Research and development support business supporting research and development in the fields of science and engineering through
the supply of technology information, consulting, testing, analysis,
etc. for profit-making.
Article 3 (Responsibilities of State, etc.)
(1) The State shall establish and promote necessary measures so that scientists and engineers is fostered, sufficiently
demonstrates their
creativity and abilities, and is given appropriate social and economic status and treatment.
(2) The State shall establish and promote comprehensive measures so
that scientists and engineers has increased opportunities for taking public office, and is not unreasonably discriminated in
the course of duty
performance, such as participation in decision-making in the attached
agencies, promotion to a higher position, etc.
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제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
(3) The State shall endeavor to create conditions in which talented scientists
and engineers is positively utilized and to establish a linkage system between enterprises, universities and research institutes (hereinafter
referred to
as industrial, academic and research circles ).
CHAPTER Ⅱ BASIC PLANS, ETC. FOR FOSTERING AND SUPPORTING SCIENCE AND ENGINEERING MANPOWER
Article 4 (Establishment of Basic Plans)
(1) In order to efficiently achieve the purposes of this Act, the Government shall establish basic plans to foster and support scientists
and engineers
(hereinafter referred to as basic plans ) every five years.
(2) The basic plans under paragraph (1) shall be determined after deliberation by the National Human Resources Committee under
Article
7 (1) of the Framework Act on the Development of Human Resources and the National Science and Technology Council (hereinafter referred
to as
National Science and Technology Council ) under Article 9 (1) of the
Framework Act on Science and Technology. The same shall apply to the modification of such basic plans. <AmendedbyActNo.8096,Dec.28,2006;Act
No. 8389, Apr. 27, 2007>
(3) Basic plans under paragraph (1) shall include the following matters:
1. Fostering and support to scientists and engineers and constructing
a system of utilization during the whole life cycle thereof;
2. Expansion of opportunities for scientists and engineers to take public office and improvement of treatment thereto;
3. Support for the results of research and development and for the results of technology transfer;
4. Expansion of exchanges of scientists and engineers between enterprises,
universities, research institutes, the Government and local governments;
5. Construction of information system of scientists and engineers and
utilization thereof;
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6. Qualitative improvement of education of the science and engineering
universities and graduate schools, and strengthening the linkage system between industrial, academic and research circles;
7. Other important matters concerning the fostering and support to scientists and engineers prescribed by Presidential
Decree.
(4) Matters necessary for the procedures, etc. for establishing basic plans
under paragraph (1) shall be prescribed by Presidential Decree.
Article 5 (Implementation Plans by Year)
(1) The head of related central administrative agency and Special Metropolitan City Mayor, Metropolitan City Mayor and
Do Governor (hereinafter referred to as Mayor/Do Governor ) shall establish and promote implementation plans by year according to the basic plans (hereinafter referred to as
implementation plans ).
(2) The Minister of Education, Science and Technology shall consolidate and coordinate the implementation plans for the next year
and the results of promotion for the past year of the heads of related central administrative agencies and the Mayor/Do Governor under paragraph (1) and undergo deliberation by the National Science and Technology Council. <Amendedby Act No. 8852, Feb. 29, 2008>
(3) The Minister of Education, Science and Technology shall notify the
results of deliberation under paragraph (2) to the heads of related central
administrative agencies and the Mayor/Do Governor. <AmendedbyActNo.
8852, Feb. 29, 2008>
(4) Matters necessary for the procedures, etc. for establishing implementa-
tion plans under paragraph (1) shall be prescribed by Presidential Decree.
Article 6 (Establishment and Utilization of Comprehensive Information
System regarding Scientists and Engineers)
(1) In order to efficiently support policies concerning the fostering and support to science and technology manpower and to supply
information on supply and demand of scientists and engineers, the Government shall
establish and manage comprehensive information systems of scientists and
engineers (hereinafter referred to as comprehensive information systems ). (2) In order to establish and manage comprehensive information
systems
under paragraph (1), the Minister of Education, Science and Technology
may request the heads of related central administrative agencies, Mayors/DoGovernors, and the heads of universities, research institutes,
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제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
enterprises, etc. to submit information and data on science and technology
manpower. In such cases, the heads of agencies and organizations who have been requested shall cooperate with such request unless
any special
reason exists to the contrary. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where necessary for the establishment of efficient information systems, the Minister of Education, Science and Technology may
entrust specialized
institutes or organizations prescribed by Presidential Decree with the duties of establishment and management of comprehensive information
systems.
<Amended by Act No. 8852, Feb. 29, 2008>
Article 7 (Surveys of Actual Conditions of Scientists and Engineers) (1) In order to efficiently foster and support scientists and engineers, the Government shall survey the actual conditions of the fostering, utilization, treatment, etc. of scientists and engineers of the universities, research institutes, enterprises, etc.
(2) The Minister of Education, Science and Technology may request the universities, research institutes, enterprises, etc. that utilize
scientists and engineers to submit necessary data or opinions for surveys of actual
conditions under paragraph (1). In such cases, the heads of institutes
and organizations that have been requested shall cooperate with such request unless any special reason exists to the contrary.
<AmendedbyAct
No. 8852, Feb. 29, 2008>
(3) The Minister of Education, Science and Technology shall ascertain
the work experiences, etc. of those who have a doctor s degree in the
fields of science and engineering or of important scientists and engineers, make an index of the present situation of outflow and
inflow of such manpower
to and from foreign countries (hereinafter referred to as balance of scientists
and engineers index ) and reflect it in the policy of scientists and engineers.
<Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Education, Science and Technology may entrust
specialized institutes prescribed by Presidential Decree with the investigation into actual conditions under paragraph
(1). <AmendedbyAct
No. 8852, Feb. 29, 2008>
(5) Matters necessary for the subject matters, extent and method of
investigation into actual conditions under paragraph (1), preparation of balance of scientists and engineers index, etc. shall
be prescribed by
Presidential Decree.
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CHAPTER Ⅲ FOSTERING SCIENCE AND ENGINEERING MANPOWER AND UPGRADING QUALITY THEREOF
Article 8 (Supply, etc. of Information concerning Promotion of Entering
Science and Engineering Universities)
(1) In order to promote students registered at elementary, middle and high schools or graduates thereof (hereinafter referred to as
registered
students, etc. ; the same shall apply in this Article ) to enter science
and engineering universities, the State and local governments shall supply related information, such as promising fields of study
of science and
engineering, etc., as prescribed by Presidential Decree.
(2) Where the heads of universities established and operated by the State or local governments under Article 3 of the Higher Education
Act make
effort, such as expansion, etc. of special examinations under Article 34
of the same Act in order to promote registered students, etc. of science schools established under the Elementary and Secondary Education
Act
or Article 6 of the Act on the Promotion of Specific Education for Brilliant
Children to enter science and engineering universities, the State and local governments may provide necessary support. <AmendedbyActNo.8096,Dec.
28, 2006>
(3) The State and local governments may entrust specialized institutes
prescribed by Presidential Decree with the duties of investigation and
research of related information and provision of information under paragraph (1).
Article 9 (Expansion of Opportunities for Brilliant Students to Receive
Scholarships)
(1) The Government shall select students with good grades registered at science and engineering universities and increase opportunities
therefor to receive scholarships, such as paying research grants, support to the
financing of living expenses, etc.
(2) Matters necessary for the subject and extent of paying research grants, support to the financing of living expenses, etc. under
paragraph (1) shall
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제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
be prescribed by Presidential Decree.
Article 10 (Strengthening Linkages between Industrial, Academic and
Research Circles)
(1) The State and local governments shall take measures necessary to strengthen linkages between industrial, academic and research
circles. (2) In any of the following cases, the State and local governments may
provide necessary support to enterprises, research institutes, etc., as
prescribed by Presidential Decree:
1. Where educational programs linked with science and engineering universities are developed and implemented;
2. Where systems of employment by special contract are developed and implemented in order to expand employment of scientists and engineers;
3. Where important matters prescribed by Presidential Decree are
implemented in order to strengthen linkages with science and engineering universities.
Article 11 (Fostering and Supporting Research-Centered Universities) (1) In order to efficiently promote creative research and development and to foster scientists and engineers, the Government may provide necessary support to the universities laying emphasis on research activities (hereinafter referred to as research-centered universities ).
(2) Matters necessary for the selection, support, etc. of research-centered universities shall be prescribed by Presidential Decree.
Article 12 (Reeducation and Retraining of Scientists and Engineers) (1) The Minister of Education, Science and Technology may implement reeducation or retraining so that scientists and engineers adapts
to changes in the science and technology environments, and to constantly develop and improve research abilities, etc. <AmendedbyActNo.8852,Feb.29,2008> (2) The curriculum for reeducation or retraining under paragraph (1) shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008>
1. Matters concerning ascertaining trends of up-to-date science and technology and sharing thereof;
2. Conferences and seminars of specialists to learn up-to-date science and technology and new research and technology methodology;
3. Matters concerning intellectual property rights relating to science and technology;
4. Matters concerning management, etc. relating to science and technology;
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5. Other matters acknowledged by the Minister of Education, Science
and Technology to be necessary.
(3) The heads of central administrative agencies and local governments
shall give administrative and financial support to scientists and engineers working for such agencies or governments so that
they may receive
reeducation or retraining under paragraph (1), and reflect the results of
such reeducation or retraining in the personnel management, etc.
(4) The institutions and methods of implementing reeducation or retraining, procedures therefor under paragraph (1) and other necessary
matters shall
be prescribed by Presidential Decree.
CHAPTER Ⅳ FACILITATION OF UTILIZING SCIENCE AND ENGINEERING MANPOWER AND IMPROVEMENT OF STATUS THEREOF
Article 13 (Establishment of Improvement Measures to Expand
Appointment as Public Officials)
(1) In order to expand appointment of scientists and engineers as public officials following the increase of administrative demand
for science and
technology, the State and local governments shall establish and promote
measures of improvement on the following matters: <AmendedbyActNo.8096,
Dec. 28, 2006>
1. Classification system of occupational group relating to science and
engineering (hereinafter referred to as “technical post”) among the occupational groups of public officials under the State
Public Officials
Act and Local Public Officials Act following the development of science and technology;
2. Special employment of public officials in technical post and system
of employing public officials for open positions or on a short-term contract basis;
3. Personnel management system to expand positions and employment
for public officials in technical post and the development of abilities thereof.
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제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
(2) The heads of central administrative agencies and Mayors/DoGovernors
shall report improvement measures and results of promotion under paragraph (1) to the National Science and Technology Council
every year.
In such cases, the Mayors/Do Governors shall compile and report
improvement measures and results of promotion of Sis, Guns and Gus
(limited to autonomous Gus) under their jurisdiction.
Article 14 (Support to Measures of Local Governments to Expand
Employment of Public Officials)
(1) Where local governments establish a division taking full charge of science and technology and assign scientists and engineers
to such division, the
Minister of Education, Science and Technology shall support thereto with
priority. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the extent of division taking full charge of science and technology, standards for assigning scientists
and engineers and support
under paragraph (1) shall be prescribed by Presidential Decree.
Article 15 (Promotion of Utilizing Scientists and Engineers through
Research and Development Projects)
In order to promote the employment of scientists and engineers unemployed for a specific period after having obtained a master s
degree or doctor s
degree in science and engineering, the State and local governments may promote research and development projects connected with employment
or support them to take courses at subsidized research institutions for
a specific period, as prescribed by Presidential Decree.
Article 16 (Support to Enterprises to Utilize Scientists and Engineers) (1) Where small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises and venture businesses under Article
2-2 of the Act on Special Measures for the Promotion of Venture Businesses employ unemployed persons who have obtained a master s degree or doctor s degree in science and engineering or unemployed persons who have obtained a license of professional engineer under the National Technical Qualifications Act, the State and local governments may give necessary support thereto, such as giving financial support within budget limits, or giving tax reduction and exemption, etc. as prescribed by tax laws.
<Amended by Act No. 8096, Dec. 28, 2006>
(2) In order to promote the utilization of scientists and engineers, the
Government may give support prescribed by Presidential Decree to the
- 9 -
small and medium enterprises that have established and are operating
affiliated research institutes under Article 7 (1) 2 of the Technology
Development Promotion Act. <Amended by Act No. 8096, Dec. 28, 2006>
Article 17 (Cooperation and Expansion of Manpower Exchanges between
Industrial, Academic and Research Circles)
(1) The State and local governments shall establish and promote measures for universities, subsidized research institutions, etc.
to cooperate, such
as joint researches with enterprises, etc.
(2) The State and local governments shall arrange necessary measures for subsidized research institutions to promote support to the
affiliated
research manpower in starting a business, to dispatch the affiliated research
manpower to universities or enterprises, and manpower exchanges, etc. between universities, subsidized research institutions
or enterprises.
Article 18 (Fostering and Supporting Research and Development Service
Business)
(1) The Minister of Education, Science and Technology shall establish and promote measures to foster and support research and
development service business. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Those who intend to participate in the national research and development
projects, etc. or to receive various support from the Government among the research and development service business operators shall
meet the
specific qualifications, such as the procurement, etc. of specialized
manpower prescribed by Presidential Decree and report it to the Minister of Education, Science and Technology, as prescribed by Presidential
Decree.
The same shall apply to the modification of matters prescribed by
Presidential Decree. <AmendedbyActNo.8096,Dec.28,2006;ActNo.8852,Feb.
29, 2008>
(3) Matters necessary for the measures to foster and support under
paragraph (1) and support under paragraph (2) shall be prescribed by
Presidential Decree.
Article 19 (Introduction, Operation, etc. of National Qualifications for
Research and Development Service Business)
(1) In order to efficiently foster research and development service business, the Minister of Education, Science and Technology shall
devise necessary
measures, such as introducing national qualifications for the planning,
consultation, assessment, technology information, testing and analysis,
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제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
etc. of research and development, involving them in the curriculum of
universities, etc. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the introduction and operation of national
qualifications under paragraph (1) shall be prescribed by Presidential
Decree.
Article 20 (Provision, etc. of Research Subsidies to Core Scientists and
Engineers)
(1) In order to encourage research activities of those who have made outstanding accomplishments in the development of national
science and technology, such as persons who have won Nobel prize in the fields of
science, etc. (hereinafter referred to as core scientists and engineers ),
the Government may give research grants or supplementary living subsidies to support the stabilization of livelihood to the core scientists
and engineers
every year, as prescribed by Presidential Decree.
(2) Matters necessary for the selection of core scientists and engineers, and payment of research grants or supplementary living subsidies
shall
be prescribed by Presidential Decree.
Article 21 (Support to Supply and Demand Programs of Scientists and
Engineers)
(1) In order to cope with the advancement of the development of science and technology and for the swift supply and demand
of scientists and
engineers, the Government may select and support universities
implementing or intending to implement the following matters:
1. Programs to induce talented students and to coordinate the quota of science and engineering universities and graduate schools;
2. Programs to strengthen research and education between educational system;
3. Programs for connection and cooperation between industrial, academic
and research circles.
(2) Matters necessary for the details, procedures, methods, etc. of support under the provisons of paragraph (1) shall be prescribed
by Presidential
Decree.
Article 22 (Establishment of Research and Development Job Placement
Center)
(1) In order to assist scientists and engineers with employment or reemployment, the Government may establish and operate a research and
- 11 -
development job placement center in a Special Metropolitan City, a
Metropolitan City or a Do.
(2) Matters regarding the establishment and operation of a research and
development job placement center under paragraph (1) shall be prescribed by Presidential Decree.
Article 23 (Support to Broadcasting Programming concerning Science and
Technology)
(1) Where broadcasting enterprisers under Article 2 of the Broadcasting Act organize broadcasting programs in the fields of science
and technology to raise people s attention and understanding of science and technology,
and science and technology human resources, the Broadcasting Committee
may give necessary support. In such cases, the Broadcasting Committee shall consult with the Minister of Education, Science
and Technology.
<Amended by Act No. 8096, Dec. 28, 2006; Act No. 8852, Feb. 29, 2008>
(2) The Government may implement broadcasting projects as prescribed
by the Broadcasting Act which organize programs of matters on science
and technology.
(3) Matters necessary for the support, procedures of consultation, etc. under paragraph (1) shall be prescribed by Presidential
Decree.
Article 24 (Support to Organizations concerning Science and Technology) (1) The Minister of Education, Science and Technology may support organizations promoting projects to discover and utilize talented science and technology human resources and to honor outstanding accomplishments made in the fields of science and technology. <AmendedbyActNo.8852,Feb.
29, 2008>
(2) Matters necessary for the designation of organizations under paragraph
(1), support thereto, etc. shall be prescribed by Presidential Decree.
Article 25 (Entrustment of Authority)
The Government may entrust part of the authority under this Act to the heads of agencies or organizations implementing duties concerning
the fostering and support of scientists and engineers, as prescribed by
Presidential Decree.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
- 12 -
제23편 과학․기술 국가과학기술 경쟁력강화를 위한 이공계지원특별법
ADDENDA <Act No. 7949, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8096, Dec. 28, 2006>
This Act shall enter into force five months after the date of its promulgation.
ADDENDA <Act No. 8389, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
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