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INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT — 법갈피

영문법령 / INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT

INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT

법률일부개정시행 2025-06-21교육부 · 제20563호 · 공포 2024-12-20

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the development of communities and the State by training creative industrial human resources meeting the needs of the industrial world, by setting up an efficient research and development system, and by developing, spreading, diffusing, and commercializing new knowledge and technologies necessary for the growth of industries based on linkage between education and research through the promotion of industrial education and the acceleration of industry-academia-research cooperation. <Amended on Jul. 25, 2011>

[This Article Wholly Amended on Dec. 21, 2007]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 25, 2011; Dec. 30, 2013; Mar. 24, 2020>

1. The term "industrial education" means education provided by an industrial educational institution referred to in subparagraph 2 to assist students to acquire knowledge, technology, etc. necessary for engaging in industrial activities or starting up a new business, and developing entrepreneurship:

(a) Deleted; <Jul. 25, 2011>

(b) Deleted; <Jul. 25, 2011>

2. The term "industrial educational institution" means any of the following schools which provide industrial education:

(a) A high school or technical high school prescribed by Presidential Decree, the objectives of which are to provide education linked to industrial demand or to train experts in particular fields;

(b) A specialized school which provides specialized curricula in occupation or career development and vocational education;

(c) A university (referring to schools defined in the subparagraphs of Article 2 of the Higher Education Act, Article 5 of the Special Act on Establishment and Management of Foreign Educational Institutions in Free Economic Zones and Jeju Free International City, higher educational institutions from among foreign educational institutions of which establishment is approved pursuant to other statutes to which that Article applies mutatis mutandis, and institutions prescribed by Presidential Decree from among other higher educational institutions established under other statutes; hereinafter the same shall apply);

Article 5(Formulation of master plans) #

(1) The Minister of Education shall, every five years, formulate a master plan for industrial education enhancement and industry-academia-research cooperation (hereinafter referred to as "master plan") in consultation with the heads of the relevant central administrative agencies, by integrating plans and policies related to industrial education enhancement and industry-academia-research cooperation promotion, and shall decide and confirm such plan after referring it for deliberation to the National Committee on Industry-Academia-Research Cooperation under Article 14.

(2) Each master plan shall include the following matters:

1. Development goals for industrial education and industry-academia-research cooperation and basic direction for relevant policies;

2. Execution direction of policies for human resources, technology, etc. related to industrial education enhancement and industry-academia-research cooperation promotion;

3. Investigations and researches for industrial education enhancement and industry-academia-research cooperation promotion;

4. Diversification of industrial education and elevation of quality thereof;

5. Fosterage of industrial human resources and promotion of utilization thereof;

6. Expansion and management of information resources for promoting industry-academia-research cooperation, and the establishment of a distribution system for such information resources;

7. Improvement of systems and regulations for industrial education enhancement and industry-academia-research cooperation promotion;

8. Other matters necessary for enhancing industrial education and promoting industry-academia-research cooperation.

(3) The heads of the relevant central administrative agencies and the heads of local governments shall formulate and executing an annual implementation plan containing the following mattes, in accordance with the master plan:

1. Establishment and management of an institution for industrial education;

2. Increase and maintenance of facilities and equipment necessary for industrial education;

3. Plan for in-service training necessary for industrial education;

4. Plan for training industry teachers;

5. Plan for job placement for graduates of institutions for industrial education and educating them to enhance their technology;

6. Plan for education for supporting start-ups established by the students of institutions for industrial education;

7. Management of and supervision over compensation for inventors contributing to creating intellectual property of institutions for industrial education;

8. Encouragement of flexibility in mobility of human resources among industry-academia-research;

9. Activation of cooperative researches among industry-academia-research;

10. Promotion of technology transfer and commercialization among industry-academia-research;

11. Joint utilization of research facilities and equipment and the support of exchanging research and development information, among industry-academia-research;

12. Other matters necessary for enhancing industrial education and promoting industry-academia-research cooperation.

(4) The Minister of Education shall integrate and check up the annual implementation plan of the relevant year under paragraph (3) and the execution outcomes of the annual implementation plan of the previous year, and refer both such plans, for deliberation, to the National Committee on Industry-Academia-Research Cooperation under Article 14, and detailed matters concerning the above-mentioned affairs shall be prescribed by Presidential Decree.

(5) The Minister of Education may, if necessary for formulating a master plan, request the head of the relevant central administrative agency, the head of a local government, the head of an institution for industrial education, and the head of an institution or organization related to industry-academia-research cooperation to submit related materials. In such cases, the head of the relevant central administrative agency, etc. who has received the request to submit materials shall comply with such request unless there is a compelling reason not to do so.

[This Article Added on Nov. 28, 2017]

Article 8(Establishment and provision of vocational education and training courses by agreement) #

(1) An industrial educational institution may establish and operate vocational education and training courses or departments by educational district, among the industrial educational institutions or by individual industrial educational institution by agreement with the State, local governments or industrial enterprises, etc. in any of the following cases. In such cases, when it is necessary to establish new departments or faculties, the existing departments and faculties or similar departments and faculties shall be utilized preferentially above others: <Amended on Nov. 28, 2017>

1. Where the State, local governments or industrial enterprises, etc. require the operation of special curricula by agreement on support of school expenses on condition of employment;

2. Where the State, local governments or industrial enterprises, etc. request education for reeducation, enhancement of vocational ability or education for relocation with payment of the whole or part of such expenses;

3. Where the State, local governments or industrial enterprises, etc. require the operation of the curricula through the joint establishment of standards for selecting students, the joint development of the curricula and educational materials and the participation of the personnel of industrial enterprises, etc. in such education.

(2) Where the head of an industrial educational institution intends to establish and operate a department or faculty under an agreement pursuant to paragraph (1) (hereinafter referred to as "agreed department or faculty"), he or she shall report to the Minister of Education on a plan for such establishment and operation, as prescribed by Presidential Decree. <Added on Mar. 27, 2015>

(3) Where the head of an industrial educational institution intends to abolish an agreed department or faculty, he or she shall report to the Minister of Education on a plan for such abolishment, as prescribed by Presidential Decree. <Added on Mar. 27, 2015>

(4) Industrial educational institutions, industrial enterprises, etc. shall comply with guidelines for the establishment of agreed departments and faculties prescribed in the subparagraphs of paragraph (1). <Added on Mar. 27, 2015; Dec. 13, 2022>

(5) The State and local governments may wholly or partially support the expenses necessary for establishing and operating the vocational education and training courses, etc. under paragraph (1). <Added on Nov. 28, 2017>

(6) Matters necessary for the establishment and operation of vocational education and training courses, etc. as well as the methods for selecting students under paragraph (1), a prescribed fixed number of students, tuition payments, expenses support under paragraph (5), etc. shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2015; Nov. 28, 2017>

[This Article Wholly Amended on Dec. 21, 2007]

Article 11-3(Operation of in-service training) #

(1) The Minister of Education means an industrial educational institution (referring to a university falling under item (c) from among the industrial educational institutions provided for in subparagraph 2 of Article 2; hereafter in this Article, the same shall apply) to foster human resources meeting the demand of industrial enterprises and future industrial development. In-service training (referring to in-service training classes pursuant to Article 22 of the Higher Education Act) provided by this Article. (hereafter in this Article, the same shall apply) standardized operational criteria, and an industrial educational institution shall operate in-service training accordingly.

(2) The operational criteria under paragraph (1) shall include the matters in the following subparagraphs:

1. Matters concerning the procedures and methods for selection of in-service training industrial enterprises (hereafter in this Article referred to as "practical training institutions");

2. Matters concerning the selection of students participating in in-service training, hours of practical training on duty, hours of education related to duties, and contents of the in-service training;

3. Matters concerning support expenses for in-service training (referring to expenses paid to students participating in in-service training at practical training institutions in connection with in-service training);

4. Other matters necessary for operating the in-service training.

(3) A practical training institute shall pay the expenses for in-service training under paragraph (2) 3 in accordance with the standards prescribed by Presidential Decree, in consideration of the hours of practical training on duty, the hours of job-related education, the minimum amount of an hourly wage under Article 5 (1) of the Minimum Wage Act, etc.

(4) The heads of relevant central administrative agencies and the heads of local governments shall formulate in-service training plans pursuant to Article 5 (3) 3 in compliance with the operational criteria referred to in paragraph (1). <Amended on Dec. 13, 2022>

(5) Other matters necessary for the in-service training shall be prescribed by Presidential Decree.

[This Article Added on Dec. 22, 2020]

Article 35(Acquisition and management of intellectual property rights) #

(1) An industry-academic cooperation foundation may acquire, use, and manage intellectual property rights in accordance with the relevant industry-academia-research cooperation agreement. <Amended on May 19, 2011; Jul. 25, 2011>

(2) The State and a local government may subsidize an industry-academic cooperation foundation to partially cover expenses incurred in acquiring and managing intellectual property rights under paragraph (1). <Added on Jul. 25, 2011>

(3) When entering into an industry-academia-research cooperation agreement, an industry-academic cooperation foundation shall endeavor to secure funds to cover expenses to be incurred in acquiring and managing intellectual property rights associated with outcomes from the performance of the industry-academia-research cooperation agreement, to promote commercialization of technology and industry-academia-research cooperation. <Added on Jul. 25, 2011>

(4) An industry-academic cooperation foundation shall formulate and implement regulations about the acquisition and management of intellectual property rights, the transfer and commercialization of technologies, etc. <Added on Dec. 30, 2013>

(5) Regulations about the acquisition and management of intellectual property rights, the transfer and commercialization of technologies, etc. referred to in paragraph (4) shall include provisions concerning the following: <Added on Dec. 30, 2013>

1. Filing applications for intellectual property rights, and registration, protection, transfer, and utilization of intellectual property rights;

2. Limitations on utilization of intellectual property rights following commercialization of technologies, basic requirements for utilization of intellectual property rights, etc.;

3. Registration and management of information about the transfer and commercialization of technologies;

4. Compensation to researchers (inventors) or persons who contribute to the transfer of technologies;

5. Other matters deemed necessary by the director of an industry-academic cooperation foundation for promoting the transfer and commercialization of technologies.

[This Article Added on May 27, 2003]

[Title Amended on May 19, 2011]

Article 36-2(Establishment and operation of technology holding companies) #

(1) An industry-academic cooperation foundation or an industrial educational institution prescribed by Presidential Decree, among industrial educational institutions defined under subparagraph 2 (c) of Article 2, (hereinafter referred to as "industry-academic cooperation foundation, etc.") may establish a technology holding company either solely or jointly with any of the following: <Amended on Jul. 25, 2011; Dec. 30, 2013>

1. An industry-academic cooperation foundation of another university;

2. An educational foundation (limited to where no industry-academic cooperation foundation exists within the educational foundation);

3. A research institute.

(2) A technology holding company shall obtain authorization for its establishment from the Minister of Education after meeting the following requirements; the procedures necessary for obtaining such authorization shall be prescribed by Decree of the Ministry of Education: <Amended on Feb. 29, 2008; Jul. 25, 2011; Mar. 23, 2013; Dec. 30, 2013; Dec. 20, 2024>

1. It shall be a stock company;

2. Its executive officers shall not fall under any of the grounds for disqualification under the subparagraphs of Article 33 (1) of the State Public Officials Act;

3. An industry-academic cooperation foundation, etc. (including the institutions referred to in the subparagraphs of paragraph (1) where a technology holding company is established jointly with such institutions; hereinafter the same shall apply) shall contribute technology in kind exceeding 30/100 of the capital;

4. An industry-academic cooperation foundation, etc. shall hold more than 50/100 of the total number of issued shares;

5. It shall meet such other requirements as prescribed by Presidential Decree.

(3) If the technology appraisal institution designated under Article 35 (1) of the Technology Transfer and Commercialization Promotion Act reports the appraised value of technology invested in kind, to a court when an industry-academic cooperation foundation, etc. invests technology in kind in a technology holding company, investigations, reporting or appraisal under Articles 299, 299-2, and 310 of the Commercial Act may be substituted by the report. <Amended on Dec. 30, 2013>

(4) A technology holding company may engage in business activities prescribed by Presidential Decree regarding establishment and business administration of a subsidiary company and incidental to such business activities, as well as the operation of the technology holding company. <Amended on Jul. 25, 2011>

(5) The State and a local government shall grant subsidies to industry-academic cooperation foundations, etc. to fully or partially cover expenses incurred in establishing and operating a technology holding company, etc., within the budget. <Added on Jul. 25, 2011>

(6) Where a technology holding company authorized under paragraph (2) intends to change any authorized matter prescribed by Presidential Decree, such as details and ratios of investment, due to a division, merger, or other reason, it shall obtain authorization for the change from the Minister of Education in accordance with Decree of the Ministry of Education. <Added on Dec. 20, 2024>

[This Article Wholly Amended on Dec. 21, 2007]

Article 36-4(Investment in subsidiary company) #

(1) Where a technology holding company makes technology in-kind investment in a subsidiary company, Article 36-2 (3) shall apply mutatis mutandis.

(2) "Technology" invested in a technology holding company shall be a technology referred to in subparagraph 6 of Article 2 and be evaluated by a technology evaluation agency referred to in Article 23 of the Technology Transfer and Commercialization Promotion Act within one year calculated retrospectively from the date on which the company’s articles of association is certified.

(3) Where a technology in-kind investment that has been made in a technology holding company is made to its subsidiary company within six months from the date of the investment, an amount assessed when the technology holding company has made the technology in-kind investment may be deemed the amount of in-kind investment made to the subsidiary company.

(4) A technology holding company (excluding a technology holding company that constitutes a venture holding company under Article 8-2 (1) 2 of the Monopoly Regulation and Fair Trade Act) shall hold at least 10/100 of the voting shares of a subsidiary when establishing the subsidiary. <Amended on Dec. 22, 2020; Dec. 20, 2024>

(5) No technology holding company shall guarantee its subsidiary company’s risk.

(6) No subsidiary company shall acquire or possess the stocks of a technology holding company acquiring or holding the stocks of the subsidiary company or of the stocks of another subsidiary company: Provided That this shall not apply where it falls under any of the following subparagraphs:

1. Merger with a company or acquisition by transfer of the whole business of a company;

2. Exercise of security rights or acceptance of payment in kind.

(7) A company has invested under the proviso of paragraph (6) shall dispose of the relevant stocks within six months from the date of such acquisition or possession; provided, this shall not apply where a company acquiring or holding its stocks disposes of such stocks.

[This Article Added on Jul. 25, 2011]

[Previous Article 36-4 moved to Article 36-5 <Jul. 25, 2011>]

INDUSTRIAL EDUCATION ENHANCEMENT AND INDUSTRY-ACADEMIA-RESEARCH COOPERATION PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Guidance of students in courses) #

Article 4(Duties of State and local governments) #

Article 5(Formulation of master plans) #

Article 6(Establishment and operation of short-term industrial educational facilities) #

Article 7(Establishment and provision of special courses) #

Article 8(Establishment and provision of vocational education and training courses by agreement) #

Article 8-2(Restrictions on establishment of agreed departments or faculties) #

Article 8-3(Reporting and inspection) #

Article 9(Industrial advice) #

Article 10(Securing of facilities for experimentation and practice) #

Article 11(Special consideration for experimentation and practice expenses) #

Article 11-2(Training of human resources for industrial technology) #

Article 11-3(Operation of in-service training) #

Article 12(Qualifications, quotas, and remuneration for industrial teachers) #

Article 12-2(Evaluation and reflection of outcomes in industry-academia-research cooperation) #

Article 13(Supply of new instruments) #

Article 13-2(Establishment of industrial education centers) #

Article 14(Establishment of National Committee on Industry-Academia-Research Cooperation, and matters to be deliberated) #

Article 15(Composition and operation of committee) #

Article 16 #

Article 17 #

Article 18(Charge of installation expenses of facilities for experimentation and practice) #

Article 19(Charge of operating expenses of facilities for experimentation and practice) #

Article 20(Subsidizing installation expenses of private schools) #

Article 21 #

Article 22(Development of curricula and publication of textbooks) #

Article 22-2(Financial support for evaluation and certification of curricula) #

Article 23(Payment of scholarships) #

Article 24(Agreements on industry-academia-research cooperation) #

Article 25(Establishment and management of industry-academic cooperation foundation) #

Article 26(Articles of association) #

Article 27(Affairs of industry-academic cooperation foundations) #

Article 28(Chairperson of industry-academic cooperation foundation) #

Article 29(Organization of industry-academic cooperation foundation) #

Article 30(Business year) #

Article 31(Revenues) #

Article 32(Expenditure) #

Article 32-2(Restriction on guarantees for obligations for third parties) #

Article 33(Principle of accounting) #

Article 34(Employment of researchers) #

Article 35(Acquisition and management of intellectual property rights) #

Article 36(School enterprises) #

Article 36-2(Establishment and operation of technology holding companies) #

Article 36-3(Methods of establishment of subsidiary companies) #

Article 36-4(Investment in subsidiary company) #

Article 36-5(Names of technology holding company) #

Article 36-6(Restriction on use of dividends) #

Article 36-7(Concurrent holding of office and leave of absence by faculty members or researchers) #

Article 36-8(Revocation of authorization for technology holding companies) #

Article 36-9(Hearings) #

Article 36-10(Mutatis mutandis application of the Commercial Act) #

Article 37(Cooperative research institutes) #

Article 37-2(Joint use of human resources) #

Article 37-3(Dispatches) #

Article 37-4(Joint use of research facilities and equipment) #

Article 38(Councils for industry-academia-research cooperation) #

Article 39(Support for promoting industry-academia-research cooperation) #

Article 39-2(Preparation of statistics related to industry-academia-research cooperation) #

Article 40(Support for loan contracts for school expenses) #

Article 41(International cooperation) #

Article 42(Assistance to learners of private teaching institutes) #

Article 43(Entrustment of affairs) #

Article 44(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 45(Confidentiality) #

Article 46(Penalty provisions) #