Article 1(Purpose) #
The purpose of this Act is to foster technological cooperation between the military and non-military sectors by promoting research and development of related technology, standardizing specifications, and expanding bilateral technology transfer, thereby contributing to enhancing industrial competitiveness and national defense.
[This Article Wholly Amended on Aug. 6, 2013]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; May 22, 2009; Mar. 6, 2013; Aug. 6, 2013; Oct. 1, 2025>
1. The term "civil-military technological cooperation program" means a program to be performed under Article 3 (1) by the Government, in order to effectively conduct business such as development and transfer of technology, specifications standardization, and exchange of technological information commonly utilized in the military sector (hereinafter referred to as "military") and non-military sector (hereinafter referred to as "civil");
2. The term "non-military specifications" means the following standards:
(a) Korean Industrial Standards under Article 12 of the Industrial Standardization Act;
(b) Standards for information and communications under Article 13 of the Information and Communications Technology Industry Promotion Act;
(c) Standards under Article 6 of the Commodity Management Act;
(d) Other standards or specifications formulated by the heads of central administrative agencies, excluding the Minister of National Defense, in accordance with relevant statutes and regulations;
3. The term "Korean Defense Specification" means the standards for munitions formulated by the Minister of Defense Acquisition Program Administration in accordance with the Defense Acquisition Program Act;
4. The term "relevant central administrative agencies" means the Ministry of National Defense, the Ministry of Trade, Industry and Resources, the Defense Acquisition Program Administration and central administrative agencies prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 3(Civil-military technological cooperation programs) #
(1) In order to promote civil-military technological cooperation, the Government shall implement each of the following programs:
1. Civil-military technology development programs: Any of the following programs:
(a) Joint civil and military use technology development programs: Technology development programs for materials, parts, processes, and software, etc. that can be commonly utilized by both civil and military sectors;
(b) Cooperative technology development programs supported by Government ministries: Technology development programs designed to create outcomes by utilizing the most outstanding technical capability through civil and military cooperation, which are pursued by the heads of the relevant central administrative agencies;
(c) Programs to develop weapons systems, etc.: Programs for developing systems and their foundation that can be commonly utilized for civil and military purposes, such as the weapon systems prescribed by subparagraph 3 of Article 3 of the Defense Acquisition Program Act;
(d) Programs to develop systems to support forces: Programs for developing the non-weapon system, in accordance with subparagraph 4 of Article 3 of the Defense Acquisition Program Act, which can be commonly utilized for both civil and military sectors;
2. Civil-military technology transfer programs: Either of the following programs:
(a) Research programs for civil-military technology application: Programs to assess the feasibility of commercializing technology in the civil or military possession through bilateral technology transfer;
(b) Programs for joint commercialization of civil-military technology: Programs to commercialize technology secured through civil-military cooperative development, after undergoing military demonstration or civil verification of needs;
3. Civil-military specifications standardization programs: Programs for standardizing non-military specifications and Korean Defense Specifications;
4. Civil-military technological information exchange programs: Programs for facilitating exchange of technological information including civil-military research and development outcomes, specialized technical personnel, research and development devices and facilities, and domestic and international technological development trends.
(2) Where the Government intends to implement a civil-military technological cooperation program under paragraph (1), it shall reflect each of the following matters:
Article 4(Formulation of master plans) #
(1) The Minister of Trade, Industry and Resources shall formulate a master plan for civil-military technological cooperation programs (hereinafter referred to as "master plan") after they integrates and coordinates plans submitted by the heads of the relevant central administrative agencies under paragraph (3), and notifies them of the master plan. The same shall also apply any modifications to the master plan. <Amended on Feb. 29, 2008; Mar. 18, 2009; Mar. 23, 2013; Aug. 6, 2013; Oct. 1, 2025>
(2) The following matters shall be included in a master plan: <Amended on Aug. 6, 2013>
1. The basic direction of civil-military technological cooperation programs;
2. An implementation plan for civil-military technological cooperation programs;
3. A financing plan for civil-military technological cooperation programs;
4. Expected effects of civil-military technological cooperation programs;
5. Other important matters necessary for the facilitation of civil-military technological cooperation programs.
(3) The head of each relevant central administrative agency shall submit a plan for civil-military technological cooperation programs related to the duties under their jurisdiction, to the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 6, 2013; Oct. 1, 2025>
(4) Matters necessary for procedures, etc. for the formulation of master plans shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 5(Formulation and reporting of action plans) #
(1) The Minister of Trade, Industry and Resources shall formulate an action plan for civil-military technological cooperation programs (hereinafter referred to as "action plan") each year after the Minister integrates and coordinates plans submitted by the heads of the relevant central administrative agencies under paragraph (2), and notifies them of the action plan. The same shall also apply to any modifications to the action plan. <Amended on Feb. 29, 2008; Mar. 18, 2009; Mar. 23, 2013; Aug. 6, 2013; Oct. 1, 2025>
(2) The head of each relevant central administrative agency shall submit a plan to implement the master plan related to matters under their jurisdiction to the Minister of Trade, Industry and Resources. In this case, the plan shall be formulated in a manner that at least a certain percentage of the budget of the research and development program under their jurisdiction can be invested in the civil-military technological cooperation programs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 6, 2013; Oct. 1, 2025>
(3) The head of each relevant central administrative agency shall submit a performance report on the matters under their jurisdiction in the action plan to the Minister of Trade, Industry and Resources each year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(4) The Minister of Trade, Industry and Resources shall annually report the performance of the implementation received under paragraph (3) along with an action plan for the relevant year to the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 16, 2018; Oct. 1, 2025>
(5) Matters necessary for procedures for formulation of action plans, and the scope, investment rates, etc. of research and development programs according to the latter part of paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 6 #
Deleted. <Mar. 18, 2009>
Article 7(Implementation of civil-military technology development programs) #
(1) The Government shall implement the following matters for civil-military technology development programs: <Amended on Aug. 6, 2013>
1. Identification and selection of research and development projects for the civil-military technology development programs (hereinafter referred to as "technology development projects");
2. Selection of an institute responsible for research on technology development project (hereinafter referred to as "lead research institute") and a principal investigator;
3. Assessment of the research results of technology development projects and support for commercialization thereof;
4. Other matters necessary for conducting research and development for civil-military technology development programs.
(2) The head of each relevant central administrative agency may enter into an agreement with any of the following institutes or organizations to assign technology development projects thereto. In this case, a non-corporate institution may enter into an agreement with the representative of a corporation to which the institute belongs: <Amended on Mar. 9, 2011; Aug. 6, 2013; Mar. 22, 2016; Oct. 1, 2025>
1. A national or public research institute;
2. A specific research institute governed by the Specific Research Institutes Support Act;
3. The Industrial Technology Research Cooperatives under the Industrial Technology Research Cooperatives Support Act;
4. A Government-funded research institute established by the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes and the Institute of Specialized Industrial Technology under Article 42 of the Industrial Technology Innovation Promotion Act;
5. Business-affiliated research institutes recognized under Article 7 (1) of the Act on Support for Research and Development of Business-Affiliated Research Institutes;
6. The Agency for Defense Development under the Act on the Agency for Defense Development;
7. An incorporated non-profit research institute in fields of science and technology established by the Civil Act or other statutes;
8. Other research institutes or organizations in fields of science and technology prescribed by Presidential Decree.
Article 8(Implementation of civil-military technology transfer programs) #
(1) The Government shall implement the following matters for civil-military technology transfer programs:
1. Finding and selection of technology transfer projects;
2. Technical training and secondment of researchers for technology transfer;
3. Assessment of the outcomes of technology transfer and support for the commercialization thereof;
4. Expansion of interchange between technology holders and persons requiring technology;
5. Other matters required for technology transfer.
(2) Matters necessary for standards, procedures, etc. for the selection of technology transfer projects shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 9(Civil-military specifications standardization programs) #
(1) The Government shall implement the following matters for the civil-military specifications standardization programs: <Amended on Aug. 6, 2013>
1. Investigation and analysis of domestic and foreign specifications;
2. The classification, selection, and verification of objects subject to specifications standardization;
3. The elicitation, and formulation or amendment of standardized specifications;
4. Other matters required for the standardization of specifications.
(2) Where the Minister of Defense Acquisition Program Administration deems it necessary to formulate or amend non-military specifications following the implementation of civil-military specifications standardization programs, they may request the heads of the relevant central administrative agencies to formulate or amend the same. <Amended on Aug. 6, 2013>
(3) Where the Minister of Defense Acquisition Program Administration formulates Korean Defense Specification, they shall apply non-military specifications thereto, except in extenuating circumstances.
(4) Detailed matters necessary for the implementation of civil-military specifications standardization programs shall be prescribed by Presidential Decree. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on Aug. 6, 2013]
Article 10(Implementation of civil-military technological information exchange programs) #
(1) The Government shall implement the following matters for civil-military technological information exchange programs:
1. Collection and management of technological information, including research and development outcomes, specialized technical personnel, research and development equipment and facilities, and domestic and international technological trends;
2. Establishment of a technological information exchange system among the relevant administrative agencies;
3. Expansion of joint utilization and provision of technological information;
4. Other matters necessary for civil-military technological information exchange programs.
(2) If deemed necessary for military security in implementing a civil-military technological information exchange program, the Government may separately manage technological information on national defense science and technology.
(3) The Minister of National Defense and the Minister of Defense Acquisition Program Administration shall proactively cooperate in civil-military technological information exchange programs, except in extenuating circumstances for military security. <Amended on Aug. 6, 2013>
(4) The Minister of Trade, Industry and Resources may coordinate and manage duties in the course of implementing civil-military technological information exchange programs. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
(5) The Government may require the exclusive organization for civil-military technological cooperation under Article 12 to take charge of managing technological information related to civil-military technological cooperation programs and establishing a technological information exchange system among the relevant administrative agencies. <Amended on Aug. 6, 2013>
(6) Detailed matters required for the implementation of civil-military technological information exchange programs shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 11(Preparation of plans for joint investment) #
(1) The head of each relevant central administrative agency shall, if deemed necessary, prepare a plan to implement a civil-military technological cooperation program through joint investment with the relevant central administrative agencies and research collaboration with colleges, universities, enterprises, research institutes, and related foreign research institutes. <Amended on Aug. 6, 2013>
(2) The head of each relevant central administrative agency shall hear opinions of the Minister of National Defense and the Minister of Defense Acquisition Program Administration when identifying and selecting a civil-military technological cooperation program and evaluating research results. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 12(Establishment of exclusive organization for civil-military technological cooperation) #
(1) In order to efficiently execute civil-military technological cooperation programs and support the heads of the relevant central administrative agencies in performing their duties, an exclusive organization for civil-military technological cooperation shall be established in the Agency for Defense Development established under the Act on the Agency for Defense Development.
(2) The exclusive organization for civil-military technological cooperation shall perform each of the following duties:
1. Assisting in formulation of a master plan and its action plan for civil-military technological cooperation;
2. Planning, managing, evaluating, and budget-executing of a civil-military technological cooperation program;
3. Analyzing performance and conducting policy research in connection with civil-military technological cooperation;
4. Conducting statistical and data research in connection with civil-military technological cooperation;
5. Other matters as prescribed by Presidential Decree in connection with civil-military technological cooperation.
(3) The head of the exclusive organization for civil-military technological cooperation may, where deemed necessary to perform its duties, request secondment or concurrent service of the specialized personnel of the relevant institutions, corporations, organizations, etc. after consultation with the heads of the relevant central administrative agencies.
(4) Matters necessary for the duties and operation of an exclusive organization for civil-military technological cooperation shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 6, 2013]
Article 13(Designation of research institutes) #
The head of the relevant central administrative agency may designate a research institute, among institutes and organizations under the subparagraphs of Article 7 (2), to assign the tasks, such as policy research, precedent research, and test assessment, required for the implementation of a civil-military technological cooperation program, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 14(Special cases on contract) #
(1) The Government may preferentially purchase goods developed by a civil-military technological cooperation program. In such cases, a purchase contract may be concluded as a private contract, as prescribed by the Act on Contracts to which the State is a Party. <Amended on Aug. 6, 2013>
(2) Article 46 of the Defense Acquisition Program Act shall apply mutatis mutandis to a research contract on a civil-military technological cooperation program or a pilot production contract, or a contract for purchase of munitions developed under the program. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 15(Support of participant enterprises) #
(1) The Government shall formulate policies to encourage participation of enterprises in civil-military technological cooperation programs, in order to efficiently commercialize technology developed or transferred under civil-military technological cooperation programs. <Amended on Aug. 6, 2013>
(2) When the Minister of Defense Acquisition Program Administration or the Minister of Trade, Industry and Resources designates defense industrial goods and enterprises under Articles 34 and 35 of the Defense Acquisition Program Act, they may preferentially consider an enterprise participating in a civil-military technological cooperation program (hereinafter referred to as "participant enterprise") and goods developed under such program. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 6, 2013; Oct. 1, 2025>
(3) Where a researcher who has participated in a civil-military technological cooperation program commercializes technology they has obtained through the program, the Government may support the researcher, as prescribed by the Special Act on the Promotion of Venture Businesses or the Venture Investment Promotion Act. <Amended on Aug. 6, 2013; Feb. 11, 2020; Jan. 9, 2024>
(4) In order to efficiently implement a civil-military technological cooperation program, the head of a lead research institute, the head of a research institute designated under Article 13, and the representative of a participant enterprise may dispatch a researcher under his or her jurisdiction to an institution related to a civil-military technological cooperation program to work for a certain period. <Amended on Aug. 6, 2013>
(5) The head of a lead research institute, the head of a research institute designated under Article 13, and the representative of a participant enterprise may request the Minister of Defense Acquisition Program Administration to provide related technological data, equipment, etc., as prescribed by Presidential Decree, if necessary for a civil-military technological cooperation program. In such cases, the Minister of Defense Acquisition Program Administration shall cooperate therewith, except in extenuating circumstances for national security. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 16(Financing) #
(1) The head of the relevant central administrative agency shall request the Minister of Planning and Budget for a budget for a civil-military technological cooperation program according to an action plan. <Amended on Mar. 18, 2009; Aug. 6, 2013; Oct. 1, 2025>
(2) The Minister of Planning and Budget shall endeavor to secure budget to implement a civil-military technological cooperation program. <Amended on Mar. 18, 2009; Aug. 6, 2013; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 21, 2007]
Article 17(Payment of contributions) #
(1) The head of the relevant central administrative agency may contribute to a lead research institute, an exclusive organization for civil-military technological cooperation under Article 12, a research institute designated under Article 13, and a person entrusted with the affairs under Article 24 (hereinafter referred to as "lead research institute, etc."), to enable them to appropriate such contributions for working expenses incurred in implementing a civil-military technological cooperation program. <Amended on Aug. 6, 2013>
(2) Matters necessary for standards for grant, use, and management of contributions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 18(Support from fund) #
For the purpose of implementing a civil-military technological cooperation program, the Government may provide necessary support to a lead research institute, etc. and a participant enterprise from the following funds: <Amended on May 21, 2009; May 22, 2009; Aug. 6, 2013; Dec. 31, 2018>
1. The Fund for the Establishment and Promotion of Small and Medium Enterprises and Startups under Article 63 of the Small and Medium Enterprises Promotion Act;
2. The Information and Communications Promotion Fund established under Article 41 of the Information and Communications Technology Industry Promotion Act;
3. The Science and Technology Promotion Fund under Article 22 of the Framework Act on Science and Technology;
4. Any other fund prescribed by Presidential Decree, which is related to a civil-military technological cooperation program.
[This Article Wholly Amended on Dec. 21, 2007]
Article 19(Tax support) #
The Government may grant partial tax reduction or exemption to participant enterprises as prescribed by the Restriction of Special Taxation Act.
[This Article Wholly Amended on Dec. 21, 2007]
Article 20(Lease of State property) #
(1) The Government may, notwithstanding the State Property Act, lease or concede State-owned facilities, machinery, tools, etc. to a research institute, organization, or enterprise participating in a civil-military technological cooperation program, or allow any of them to use or profit from the facilities, machinery, and tools, etc., with or without consideration, if necessary for implementing a civil-military technological cooperation program. <Amended on Aug. 6, 2013>
(2) Matters necessary for the terms and conditions, procedures, etc. for lease, concession, use, and profit-making under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
Article 21(Special cases on intellectual property right) #
(1) If an intellectual property right vested in the State as a result of a civil-military technological cooperation program is deemed particularly necessary for industrial development, the head of the relevant central administrative agency may take any of the following measures in consultation with the Minister of Finance and Economy, notwithstanding the State Property Act: <Amended on Feb. 29, 2008; May 19, 2011; Aug. 6, 2013; Oct. 1, 2025>
1. Concession of intellectual property without consideration to a person that has conducted the civil-military technological cooperation program, or that has jointly invested in the civil-military technological cooperation program with the Government;
2. Full or partial royalty exemption for a licensee of the intellectual property right.
(2) If the head of the relevant central administrative agency deems it particularly necessary, they may, in consultation with the Administrator of the Public Procurement Service, concede research apparatus, facilities, test products, etc., used in the research of the civil-military technological cooperation program and vested in the State to the person that has conducted the research, or any participant enterprise, without consideration, notwithstanding the Commodity Management Act. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
[Title Amended on May 19, 2011]
Article 22(Granting rewards) #
In order to implement a civil-military technological cooperation program efficiently, the Government shall formulate necessary support policy measures, such as granting rewards to persons that have made remarkable contributions to a civil-military technological cooperation program. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 23(Reporting and examination) #
(1) The head of each relevant central administrative agency may, if deemed necessary for the efficient implementation of a civil-military technological cooperation program, require a participant of a civil-military technological cooperation program to make a report or submit documents on the related duties, or require public officials under their jurisdiction to enter the relevant workplace to examine relevant ledgers and documents or to question relevant persons. <Amended on Aug. 6, 2013>
(2) Public officials who examine or question in accordance with paragraph (1) shall carry with them identification indicating their authority and present it to relevant persons.
[This Article Wholly Amended on Dec. 21, 2007]
Article 24(Delegation or entrustment) #
(1) Part of the authority of the head of the relevant central administrative agency under this Act may be delegated to the head of an agency under their jurisdiction, as prescribed by Presidential Decree.
(2) Part of the duties of the head of the relevant central administrative agency under this Act may be entrusted to the relevant institution or organization, as prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 6, 2013]
Article 25(Duty of confidentiality) #
No person that has participated in a civil-military technological cooperation program shall divulge any secret that comes to their knowledge in the course of participation therein. <Amended on Aug. 6, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
Article 25-2(Legal fiction as public officials in application of penalty provisions) #
The executive officers and employees of the exclusive organization for civil-military technological cooperation referred to in Article 12 and the executive officers and employees of relevant institutions or organizations entrusted with the duties of the head of the relevant central administrative agency under Article 24 (2) shall be deemed public officials for the purposes of applying Articles 129 through 132 of the Criminal Act concerning their duties.
[This Article Added on Aug. 6, 2013]
Article 26(Penalty provisions) #
Any person who violates Article 25 shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.
[This Article Wholly Amended on Dec. 21, 2007]