Article 11-2(Restrictions on participation in national research and development projects) #
(1) If an institution, an organization, or a business that participates in a project to develop industrial technology under Article 11 or an executive researcher, a researcher, an officer, or an employee of such institution, organization, or business falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may place restrictions, for not more than five years (ten years for a person whose participation in other national research and development projects is limited due to the same cause of participation limitations), on the participation of such institution, organization, or business in the projects to develop industrial technology under Article 11 of the Framework Act on Science and Technology and may fully or partially recover contributions that have already been made to the project; provided, in the cases of subparagraph 1 where it is deemed that an institution, an organization, or a business participating in a project performed the research and development project faithfully, the period during which restrictions on participation in research and development shall be placed and project cost recovered may be reduced: <Amended on May 24, 2011; Mar. 23, 2013; Mar. 14, 2017; Oct. 1, 2025>
1. If a project is declared unsuccessful or a project to be discontinued as a result of the evaluation by the Minister of Trade, Industry and Resources because of extremely poor outcomes of research and development;
2. If an institution, an organization, or a business participating in a project or an executive researcher, a researcher, officer, or employee of such institution, organization, or business divulges or leaks details of research without following proper procedures;
3. If an institution, an organization, or a business participating in a project abandons a task to be performed for research and development, without good cause;
4. If an institution, an organization, or a business participating in a project fails to pay royalties under Article 12 or fails to pay an amount of project recoupment, without good cause;
5. If an institution, an organization, or a business participating in a project uses contributions for any purpose other than funding research and development;
6. If an institution, an organization, or a business participating in a project or an executive researcher, researcher, officer, or employee of such institution, organization, or business commits forgery, falsification, plagiarism, or any other fraud using data or outcomes of research and development;
6-2. If an institution, an organization, or a business participating in a project or an executive researcher, researcher, officer, or employee of such institution, organization, or business files an application for registration of any intellectual property right, which is a result of research and development, or registers such intellectual property right, in the name of the executive researcher, researcher, officer, or employee, without just cause;
6-3. If an institution, an organization, or a business participating in a project executes the project by fraud or other improper means;
7. Other cases specified by Presidential Decree as serious breaches of the agreement under Article 11(2) or (3).
(2) The criteria and procedures for evaluating research outcomes under paragraph (1), the period during which restrictions on participation in research and development shall be placed, the standards for and scope of recovering the amount of project recoupment and procedures for filing objections to such restrictions, criteria for exemption or reduction under the proviso to the same paragraph, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Mar. 14, 2017>
(3) When the Minister of Trade, Industry and Resources places restrictions on the participation in national research and development projects under paragraph (1), he or she shall notify the heads of other relevant central administrative agencies of such restrictions. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(4) When the Minister of Trade, Industry and Resources places restrictions on participation or takes measures to recover contributions under paragraph (1), he or she shall notify the head of the agency where the executive researcher, research, officer, or employee concerned works of the details of the restrictions on participation or the recovery of contributions and the facts relevant thereto. <Added on May 24, 2011; Mar. 23, 2013; Oct. 1, 2025>
(5) If a person against whom the disposition requiring him or her to return an amount of project recoupment was imposed under paragraph (1) fails to pay back the amount by the deadline for payment, the Minister of Trade, Industry and Resources may call for payment for a specified period and may collect the amount in the same manner as delinquent national taxes, if the person fails to pay the amount of recoupment within the specified period. <Added on Mar. 14, 2016; Oct. 1, 2025>
(6) The Minister of Trade, Industry and Resources may outsource the collection of an amount of recoupment or duties concerning dispositions on default, provided for in paragraphs (1) and (5) to the Commissioner of the National Tax Service. <Added on Mar. 14, 2017; Oct. 1, 2025>
(7) Deleted. <May 20, 2014>
[This Article Added on Jan. 30, 2009]