Article 1(Purpose) #
The purpose of this Act is to serve to develop the national economy by bolstering the international competitiveness of local companies through the development of new technologies and the dissemination of the results thereof.
Article 2(Definitions) #
The terms used in this Act shall be defined as follows: <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
1. The term "technology development" means activities aimed at identifying new methods applicable to materials, manufactured goods, equipment system and process, etc. by making use of industrial technology research and the results thereof, including even the prototyping and the pilot testing process for industrialization;
2. The term "digestion and upgrade of introduced technology" means activities aimed at creating new technologies by analyzing, supplementing and upgrading technologies introduced from foreign countries;
3. The term "new technology" means any new technology developed by virtue of the achievement of technology development attained for the first time in the Republic of Korea, and the digestion and upgrade of introduced technology, that is certified by the Minister of Knowledge and Economy;
4. Deleted. <by Act No. 9630, Apr. 22, 2009>
Article 3(Support for Technology Development) #
The Government shall work out and implement measures to fiscally and financially support any person who has commercialized any technology newly developed in the Republic of Korea through the achievements of technology development or the digestion and upgrade of introduced technology, and any other person who intends to purchase goods for the purpose of test and research or to install research facilities for the purpose of developing new technologies.
Article 4 #
Deleted.<by Act No. 9369, Jan. 30, 2009>
Article 5 #
Deleted.<by Act No. 7159, Jan. 29, 2004>
Article 6(Certification and Support of New Technology) #
(1) Any person who intends to have a new technology certified shall file an application therefor with the Minister of Knowledge and Economy, as prescribed by Ordinance of the Ministry of Knowledge and Economy. <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(2) The Minister of Knowledge and Economy shall, when he/she certifies a new technology after examining and assessing the technology for which an application is filed under paragraph (1), publish it and issue a new technology certificate. <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(3) With respect to any person who has received new technology certifi- cation, the Minister of Knowledge and Economy may allow him/her to use an indication representing that the technology has been certified as a new technology. <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(4) The Government shall devise support policies with respect to a person who has received new technology certification, such as a financial support to create a new demand and a preferential purchase of the goods using the new technology. <Amended by Act No. 7809, Dec. 30, 2005>
(5) The Minister of Knowledge and Economy may have a person who applies for certification of new technology under paragraph (1) bear expenses required for the examination and assessment of the new technology applied therefor, as prescribed by Ordinance of the Ministry of Knowledge and Economy. <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(6) Necessary matters concerning the object, standards, examination of new technology certification under paragraphs (2) through (4), and the support therefor, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 7809, Dec. 30, 2005>
Article 7(Promotion of Specific Research and Development Project, etc.) #
(1) The Minister of Education, Science and Technology may draw up a plan for undertaking a specific research and development project designed to develop key industrial technologies (hereinafter referred to as "specific research and development project"), select research tasks by year and get institutions and organizations falling under each of the following subparagraphs to carry out research programs after entering an agreement with each of such institutions and organizations. In such cases, with respect to any institution without the power of representation from among the institutions under subparagraph 2, an agreement may be entered with the representative of a corporation to which such institution belongs: <Amended by Act No. 7809, Dec. 30, 2005; Act No. 7949, Apr. 28, 2006; Act No. 8852, Feb. 29, 2008>
1. Research institutions established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
1-2. Research institutes subject to the application of the Support of Specific Research Institutes Act;
2. Research institutes attached to companies where research manpower, facilities, etc. are in conformity with the standards prescribed by Presidential Decree (hereinafter referred to as "corporate research institutes"), and the divisions in exclusive charge of research and development of the companies;
3. Industrial technology research cooperatives under the Act on the Support of Industrial Technology Research Cooperatives;
4. Universities and colleges, industrial colleges, junior colleges and tech- nical colleges under the Higher Education Act (hereinafter referred to as "universities");
5. National and public research institutions;
6. Specialized production technology research institutes under Article 42 of the Industrial Technology Innovation Promotion Act;
7. Nonprofit corporations whose research manpower, facilities, etc. are in conformity with the standards prescribed by Presidential Decree from among nonprofit corporations in the fields of science and technology established under the Civil Act or other Acts;
8. Medical corporations whose research manpower, facilities, etc. are in conformity with the standards prescribed by Presidential Decree from among medical corporations established under the Medical Service Act;
9. Other domestic and foreign research institutions, organizations or corporations established for profit-making, whose research manpower and facilities, etc. are in conformity with the standards prescribed by Presidential Decree.
(2) Costs necessary for research under paragraph (1) shall be appropriated by the Government, contributions made by persons, other than the Government, and research and development funds raised by companies.
(3) The head of an institution or organization provided for in each subparagraph of paragraph (1) may collect royalties from a person who uses, transfers, loans or exports the result of a specific research and development project. <Amended by Act No. 7809, Dec. 30, 2005>
(4) Where the head of an institution or organization provided for in each subparagraph of paragraph (1) has collected royalties under paragraph (3), he/she shall report thereon to the Minister of Education, Science and Technology, as prescribed by Presidential Decree. <Newly Inserted by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(5) The royalties collected by the head of an institution or organization under paragraph (3) shall be used for the purposes falling under any of the following subparagraphs: <Amended by Act No. 7809, Dec. 30, 2005>
1. Recompense for researchers, etc. who have participated in specific research and development projects;
2. Payment with respect to specialized institutions prescribed by Presidential Decree;
3. Usage prescribed by Presidential Decree, such as reinvestment, etc. with respect to research and development.
(6) Specialized institutions which have received the royalties under paragraph (5) 2 shall use them, as prescribed by Presidential Decree, for the uses falling under any of the following subparagraphs: <Newly Inserted by Act No. 7809, Dec. 30, 2005>
1. Encouragement and acceleration of specific research and development projects, and of excellent research and technical development;
2. Promotion of welfare of excellent scientific technical people;
3. Inclusion in the Promotion Fund.
(7) Matters necessary for the method for concluding an agreement under paragraph (1), the payment, use and management of the contribution under paragraph (2), the collection of royalties under paragraph (3), the recompense under paragraph (5) 1, and the payment under paragraph (5) 2 shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 7809, Dec. 30, 2005>
Article 8(Contributions to Research Institutions) #
(1) The Minister of Education, Science and Technology may pay costs necessary for the research and operation, etc. by institutions or organizations involved in the research under Article 7 (1) as contributions in order to accelerate technology development. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Article 7 (3) through (7) shall apply mutatis mutandis to cases of paragraph (1). <Amended by Act No. 7809, Dec. 30, 2005>
Article 9(Support for Research Institutions, etc.) #
(1) The Minister of Education, Science and Technology may undertake any project falling under each of the following subparagraphs, as prescribed by Presidential Decree, in support of technology development pursued by institutions or organizations provided for in each subparagraph of Article 7 (1): <Amended by Act No. 8852, Feb. 29, 2008>
1. Project designed to install and operate facilities utilized for joint research, and arrange the utilization of such facilities;
2. Project designed to conduct professional education and training for technology development;
3. Project designed to gather, analyze and disseminate information pertaining to domestic and foreign technologies;
4. Project designed to conduct a survey, research and public relations with respect to technology development, the introduction of technology and the improvement of introduced technology;
5. Project designed to assist companies in establishing and operating their research institutes, etc.;
6. Project designed to disseminate the results of technology development, facilitate the commercial application of developed technology and arrange joint research;
7. Any other project necessary to advance technology development.
(2) The Minister of Education, Science and Technology may commission or entrust any of the projects referred to in paragraph (1) to the head of any institution or organization prescribed by Presidential Decree. In such cases, fiscal assistance may be provided to such institutions or organizations. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Where the institutions or organizations referred to in each subparagraph of Article 7 (1) intend to use the materials and equipment for research purpose, which are prohibited from or restricted to use, manufacture, sale or import under other Acts, they shall file an application therefor with the Minister of Education, Science and Technology, and the Minister of Education, Science and Technology may request permission to the head of the central administrative agency concerned. In such cases, the head of the central administrative agency concerned may grant permission therefor by fixing the purpose notwithstanding the relevant Acts. <Newly Inserted by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for the application for use and the request for per- mission for the materials and equipment for research under paragraph (3) shall be determined by Presidential Decree. <Newly Inserted by Act No. 7809, Dec. 30, 2005>
(5) When a person who received permission under paragraph (3) has used the materials and equipment for any other purpose than the usage for which permission was granted, the head of the central administrative agency concerned may cancel the permission. <Newly Inserted by Act No. 7809, Dec. 30, 2005>
Article 10(Support for Persons Running Business of Assisting Research and Development, etc.) #
(1) The Government shall work out and implement measures to support any person who runs the business of assisting the research and development, which includes technical counseling, assessment, leasing research equipment, processing and selling technical information, which is prescribed by Presidential Decree.
(2) Where any company, university or research institution intends to utilize, in whole or in part, public facilities operated by the State or a local government, for the purpose of developing technology, the agency in charge of managing such public facilities shall cooperate as fully as possible with such company, university or research institution in utilizing such public facilities.
Article 11(Support for Technical Information, etc.) #
The Government shall work out and implement concrete measures to support companies with technical information, etc. in order to assist them in efficiently developing technology and rationalizing their corporate management.
Article 12 #
Deleted.<by Act No. 9369, Jan. 30, 2009>
Article 13 #
Deleted.<by Act No. 9630, Apr. 22, 2009>
Article 14(Cancellation of New Technology Certification) #
(1) The Minister of Knowledge and Economy may, if any new technology falls under any of the following subparagraphs, cancel the certification of new technology: Provided, that where any new technology falls under subparagraph 1, the certification thereof shall be cancelled: <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
1. Where the certification of new technology has been obtained in a fraudulent or any other illegal way;
2. Where there exists a grave defect in the quality control and performance of the goods manufactured using new technology (limited to cases where the new technology carries a grave defect in itself);
3. Where it is judged that the right of any other person, such as industrial property right, has been infringed.
(2) Necessary matters concerning procedures for and methods of cancelling certification of new technology under paragraph (1) shall be prescribed by Presidential Decree.
Article 14-2(Restriction on Participation into Specific Research and Development Project) #
(1) The Minister of Education, Science and Technology may restrict the participation into a specific research and development project within the extent of three years by a person falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person who shows extremely poor results of research and development;
2. A person who divulges or drains the details of research without undergoing justifiable procedures;
3. A person who abandons the performance of research and development tasks without justifiable grounds;
4. A person who fails to or neglects to pay royalties to a specialized institution under Article 7 (5) 2 without justifiable grounds;
5. A person who has used the contribution under Article 7 (2) for any other purpose than the usage for research and development expense.
(2) With respect to a person who has violated two or more of the matters falling under each subparagraph of paragraph (1), the Minister of Education, Science and Technology may restrict him/her to the participation into a specific research and development project within the extent of five years.
[This Article Newly Inserted by Act No. 7809, Dec. 30, 2005]
Article 14-3(Hearings) #
Where the Minister of Knowledge and Economy or the central administrative agency concerned intends to take a disposition falling under any of the following subparagraphs, he/she shall hold a hearing: <Amended by Act No. 8852, Feb. 29, 2008>
1. Cancelation of permission for use of the materials and equipment for research under Article 9 (5);
2. Deleted; <by Act No. 9630, Apr. 22, 2009>
3. Cancelation of certification of new technology under Article 14 (1).
[This Article Newly Inserted by Act No. 7809, Dec. 30, 2005]
Article 15 #
Deleted.<by Act No. 9369, Jan. 30, 2009>
Article 16(Entrustment of Authority) #
The Minister of Education, Science and Technology or the Minister of Knowledge and Economy may entrust part of his/her authority under this Act to the head of the central administrative agency concerned, the head of an institution or organization performing the business related with the promotion of science and technology, as prescribed by Presidential Decree. <Amended by Act No. 7809, Dec. 30, 2005; Act No. 8852, Feb. 29, 2008>
Article 17 #
Deleted.<by Act No. 9630, Apr. 22, 2009>
Article 18 #
Deleted.<by Act No. 9630, Apr. 22, 2009>
Article 19(Fines for Negligence) #
(1) Any person falling under any of the following subparagraphs (excluding any person who has obtained approval under Article 13) shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 7809, Dec. 30, 2005>
1. A person who fails to make the report under Article 7 (4) or makes a false report;
2. and 3. Deleted. <by Act No. 9369, Jan. 30, 2009>
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Education, Science and Technology or the Minister of Knowledge and Economy, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) through (5) Deleted. <by Act No. 9369, Jan. 30, 2009>