Article 1(Purpose) #
The purpose of this Decree is to provide matters delegated by the Science and Technology Promotion Act (hereinafter referred to as the “Act”) and those necessary for its enforcement.
Article 2(Matters to be Included in Comprehensive Plan on Science and Technology Promotion) #
Other main plans on science and technology promotion determined by the Presidential Decree under the provisions of Article 3 (1) 9 of the Act shall be as follows:
1. A plan concerning promotion of practical use of developed technologies; and
2. A plan concerning construction and operation of research complex for fostering leading-edge science-technology industries (hereinafter referred to as the “science and industry research complex”).
Article 3(Execution Scheme) #
(1) In order to establish an execution scheme (hereinafter referred to as the “execution scheme”) of the following year according to the comprehensive plan on science and technology promotion (hereinafter referred to as the “comprehensive plan”) under the provisions of Article 3 of the Act, the Minister of Science and Technology shall determine guidelines on preparing the execution scheme and notify it to heads of the relevant central administrative agency and local government by January 31 every year. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) Heads of the relevant central administrative agency and local government shall prepare the execution schemes of their jurisdictions based on the guideline on preparing the execution scheme under the provisions of paragraph (1) and submit it to the Minister of Science and Technology by the end of February every year. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(3) The execution scheme as prescribed in paragraph (2) shall include the following operations: <Amended by Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 16326, May 24, 1999>
1. Operation for promoting science and technology among the main continuing operations determined by the Minister of Planning and Budget and the new operations of the following year under the provision of Article 25 (1) of the Budget and Accounts Act; and
2. Main operation for promoting science and technology determined by the guideline on preparing the execution scheme under the provision of paragraph (1).
(4) When the Minster of Science and Technology receives the execution schemes as prescribed in paragraph (2), he shall integrate and coordinate them according to the comprehensive plan and notify it to the Minister of Planning and Budget, heads of the relevant central administrative agency and the local government by April 30 each year through a consultation with the Minister of Planning and Budget and the Comprehensive Science and Technology Deliberation Commission (hereinafter referred to as the “Commission”) under the provisions of Article 5 of the Act. <Amended by Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 16326, May 24, 1999; Presidential Decree No. 16412, Jun. 30, 1999>
(5) The budget requisition related to the science and technology that the head of the relevant central administrative agency prepares, shall reflect contents of the integrated and coordinated execution scheme under the provisions of paragraph (4) unless there is any special reason.
(6) Heads of the relevant central administrative agency and local government shall adjust the execution schemes of their jurisdictions according to the government budget determined for the following year.
(7) When heads of the relevant central administrative agency and local government intend to modify the execution schemes, they shall consult with the Minister of Science and Technology: Provided, That this shall not apply in case where minor modification of matters is determined by the Minister of Science and Technology. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 4(Report on Results, etc.) #
(1) Heads of the relevant central administrative agency and the local government shall notify the current year enforcement results of the execution schemes of their jurisdictions to the Minister of Science and Technology by the end of February next year. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) The Minister of Science and Technology shall integrate the enforcement results of the execution schemes as prescribed in the paragraph (1) and report it to the Commission. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 5(Request for Materials) #
The Minister of Science and Technology may request heads of the relevant central administrative agency and local government to file necessary materials for the purpose of determining guidelines on preparing comprehensive plan and execution schemes. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 6(Forecast of Science and Technology) #
(1) The forecast concerning science and technology (hereinafter referred as the “Science and Technology Forecast”) under the provision of Article 4 (1) of the Act shall be conducted for the short-, midand long-terms, respectively.
(2) The Minister of Science and Technology shall report the results of science and technology forecast to the Commission and publish it. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 7(Matters under Deliberation of Commission) #
Other important matters concerning science and technology promotion determined by the Presidential Decree under the provisions of Article 5 (2) 10 of the Act shall be as follows:
1. Promotion of practical use of developed technologies;
2. Construction and operation of research industrial complexes; and
3. Evaluation of technology and establishment of technology standard under the provisions of Article 16 of the Act.
Article 8(Composition of Commission) #
Heads of the relevant central administrative agencies determined by the Presidential Decree as prescribed in Article 5 (4) of the Act shall be the Minister of Education and Human Resources Development, Minister of Foreign Affairs and Trade, Minister of National Defense, Minister of Government Administrative and Home Affairs, Minister of Education, Minister of Agriculture and Forestry, Minister of Commerce, Industry and Energy, Minister of Information and Communication, Minister of Health and Welfare, Minister of Environment, Minister of Labor, Minister of Construction and Transportation. <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree Nos. 14438, 14446, 14447 and 14450, Dec. 23, 1994; Presidential Decree No. 15253, Dec. 31, 1996; Presidential Decree No. 16412, Jun. 30, 1999; Presidential Decree No. 17115, Jan. 29, 2001>
Article 9(Meeting) #
(1) The chairman of the Commission shall convoke and preside over its meeting (hereinafter referred as the “Meeting”) of the Commission and represent the Commission.
(2) Where the chairman is absent by any accident, the deputy chairman shall act for him.
(3) The meeting shall be held by attendance of a majority of all members and make a decision by a concurrent vote of a majority of members present.
Article 10(Expert Committee) #
(1) The Expert Committee (hereinafter referred as the “Committee”) as prescribed in Article 5 (7) of the Act shall be as follows:
1. Overall Coordination Expert Subcommittee;
2. Science Technology Investment Expert Subcommittee;
3. Science Technology Manpower Expert Subcommittee;
4. Science Technology Information Expert Subcommittee;
5. Basic Science Expert Subcommittee;
6. Defense Science Technology Expert Subcommittee;
7. Research and Development Plan and Evaluation Expert Subcommittee; and
8. Science Technology International Cooperation Expert Subcommittee.
(2) The Overall Coordination Expert Subcommittee shall review the matters deliberated by other committees overall, and deliberate and coordinate the matters which do not belong to other subcommittees. The other subcommittees shall investigate and review the matters concerning the relevant areas.
Article 11(Composition of Committee) #
(1) The Committee shall be composed of ten or less members including a chairman: Provided, That the Overall Coordination Expert Subcommittee shall be composed of twenty one or less including a chairman.
(2) The member of the Overall Coordination Expert Subcommittee shall be the person who falls under any of the following subparagraphs:
1. Person who is commissioned by the secretary member of the Commission from among those with sufficient expertise and experience of science and technology; and
2. Person who is appointed, from among public officials in Grade II or III of the central administrative agency to which the chairman, the vice-chairman and the member belong, by the head of the central administrative agency to which they belong.
(3) Member of the subcommittees except the Overall Coordination Expert Subcommittee shall be the person who falls under any of the following subparagraphs:
1. A person who is commissioned by the secretary member of the Commission (the Minister of National Defense in case of Defense Science Technology Expert Subcommittee) from among those possessed of sufficient expertises and experiences with the relevant area; and
2. A person who is commissioned by the secretary member of the Commission (the Minister of National Defense in case of Defense Science Technology Expert Subcommittee) from among public officials of Grade Ⅱ or Ⅲof the related central administrative agency.
(4) The chairman of each subcommittee shall be elected by mutual vote from among its own members: Provided, That Vice-Minister of the Science and Technology shall be chairman of the Overall Coordination Expert Subcommittee. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(5) The term of members except public officials of the central administrative agency shall be two years.
Article 12(Meeting of Committee) #
(1) The chairman of the Committee shall convoke and preside over its meeting.
(2) The meeting shall be held by attendance of a majority of all members and make a decision by a concurrent vote of a majority of members present.
Article 13(Executive Secretary) #
(1) An executive secretary shall be assigned to the Commission and the Committee respectively.
(2) Executive secretary of the Commission shall be the person appointed by the secretary member of the Commission from among public officials in Grade Ⅱ or Ⅲ belonging to the Ministry of Science and Technology, and executive secretary of each Committee shall be the person appointed by the secretary member of the Commission from among pubic officials in Grade Ⅳ belonging to the Ministry of Science and Technology: Provided, That in case of the Defense Science Technology Expert Subcommittee, the executive secretary shall be the person appointed by the Minister of National Defense from among public officials in Grade Ⅳ belonging to the Ministry of National Defense. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 14(Hearing Opinions) #
(1) When the Commission and Committee deems it necessary to deliberate matters and perform other duties, they may request the related agency to submit the materials, have the party concerned attend in order to hear his opinions or ask the related experts to present their own opinions.
(2) When the Overall Coordination Expert Subcommittee deems it necessary, it may have the chairman or the member of the related committee attend in order to hear their opinions.
Article 15(Minutes) #
The Commission and the Committee respectively shall prepare and keep their minutes.
Article 16(Allowances and Travelling Expenses) #
The members and the party concerned who attend the Commission and the Committee and the experts who present their opinions may receive allowances and travelling expenses in the limit of the budget: Provided, That this shall not apply in case where a member or a party concerned who is a public official, attends the Committee directly in connection with his duties.
Article 17(Detailed Rules for Operation) #
The chairman of the Commission shall determine the matters necessary for operation of the Commission and the Committee other than those as prescribed by this Decree.
Article 18(Establishment of Scheme on Development of Scientific and Technological Manpower) #
(1) The Scheme on the Development of Scientific and Technological Manpower under the provisions of Article 8 of the Act shall include matters of the following subparagraphs: <Amended by Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 16412, Jun. 30, 1999>
1. Midand long-term forecast for the demand and supply of sciencetechnology manpower;
2. Plan for cultivating and securing high qualified science-technology manpower;
3. Plan for education of science-technology and training of technology;
4. Development of talent education of science-technology and support for the Science Olympiad;
5. Matters concerning training, attracting and using scientific technicians; and
6. Foster and support of the In-House Training Center determined by the Ordinance of the Minister of Finance and Economy under the attached Table 5 of the Enforcement Decree of the Restriction of Special Taxation Act.
(2) When the Minister of Science and Technology determines the guidelines for strengthening the science-technology education, promoting the technology training, and attracting and protecting the scientific technician under the provisions of Article 8 of the Act, he shall notify it to the head of the related central agency. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 19(Exchange of Scientific Technicians) #
(1) Where the head of the relevant research development institute desires to exchange scientific technicians under the provisions of Article 11 (2) of the Act, he shall submit to the Minister of Science and Technology an application for exchange of scientific technicians bearing the matters of the following subparagraphs: <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
1. Personal matters of scientific technicians to be exchanged;
2. Needs and objects of exchange;
3. Exchange period;
4. Plan for use of exchanged scientific technicians; and
5. Expected effects of exchange.
(2) When the Minister of Science and Technology receives the application for exchange of scientific technicians under the provisions of paragraph (1), he shall recommend or arrange the exchange of scientific technicians between the relevant research development institutes, if he deems it appropriate after examining the content. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(3) The application for exchange of scientific technicians under the provisions of paragraph (1) shall be by the annexed Form.
Article 20(Function of Juristic Person in Charge of Enhancement of Science-Technology Understanding) #
The operation, which the juristic person designated by the Minister of Science and Technology under the provisions of Article 13 (2) of the Act is able to perform, shall be as follows: <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
1. Establishment and implementation of the plan for improving the national science-technology understanding;
2. Support and advice concerning the report on science and technology by the mass media;
3. Development and dissemination of science-technology education program; and
4. Other operations necessary for the scientific life of the people.
Article 21(Financial Sources of Science and Technology Promotion Fund) #
The incomes as determined by the Presidential Decree under the provision of Article 14 (2) 4 of the Act shall be as follows: <Amended by Presidential Decree No. 16184, Mar. 12, 1999; Presidential Decree No. 16412, Jun. 30, 1999; Presidential Decree No. 16929, Jul. 29, 2000>
1. Transfers from other funds;
2. Transfers from the revenue of the technology-development-lotterytickets issued under the provision of Article 7-2 of Special Act on Innovation in Science and Technology; and
3. Revenues determined by the Minister of Science and Technology among the technology fees of Specific Research and Development Program as prescribed in Article 8-3 of the Technology Development Promotion Act.
Article 22 #
Deleted.<by Presidential Decree No. 16929, Jul. 29, 2000>
Article 23(Installation and Division of Fund Account) #
(1) The Minister of Science and Technology shall install a fund account in the Bank of Korea for the purpose of clarifying the receipts and expenses of Science and Technology Promotion Fund (hereinafter referred to as the “Fund”). <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) The Fund shall be divided into a contribution account and a loan account.
Article 24(Receipts and Expenses of Contribution Account) #
(1) The receipts of the contribution account shall be the receipts of the following subparagraphs:
1. Contribution of the Government and those other than the Government;
2. Transfers and Revenues of subparagraphs 1 and 3 of Article 21;
3. Proceeds accruing from the operation of spot assets;
4. Proceeds accruing from the operation of the account; and
5. Transfers from the loan account.
(2) The contribution account shall be used for any of the following subparagraphs: <Amended by Presidential Decree No. 16929, Jul. 29, 2000>
1. Business expenses and other expenses under Article 14 (3) 1 and 2 of the Act;
2. Transfers to the loan account; and
3. Expenses necessary for operating and managing the contribution account.
(3) Deleted. <by Presidential Decree No. 16412, Jun. 30, 1999>
(4) The Government shall take necessary measures to augment the contribution account for the purpose of encouraging basic science research.
Article 25(Receipts and Expenses of Loan Account) #
(1) The receipts of the loan account shall be the receipts of the following subparagraphs: <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
1. Contribution of the Government and those other than the Government;
2. Transfer under subparagraph 2 of Article 21;
3. Proceeds accruing from the operation of the Account; and
4. Transfer from the contribution account.
(2) The loan account shall be used for any of the following subparagraphs: <Amended by Presidential Decree No. 16308, May 13, 1999; Presidential Decree No. 16412, Jun. 30, 1999; Presidential Decree No. 16953, Aug. 17, 2000>
1. Financing the Research and Development project of the firms participating in the National Research and Development Project determined by the Minister of Science and Technology;
1-2. Financing the post Research and Development and promotion of practical use of new technology as prescribed in subparagraph 4 of Article 2 of Technology Development Promotion Act;
2. Financing the specific research and development program as prescribed in Article 8-3 of the Technology Development Promotion Act, and the industrial base technology development program as prescribed in Article 24 of the Industrial Development Act, and the post development project of the environmental technology development project as prescribed in Article 5 of the Development and Support for Environmental Technology Act;
2-2. Financing Technology Development and promotion of practical use of establishment of enterprise with new technology and technologyintensive small and medium enterprise;
3. Transfer to the contribution account; and
4. Expenses necessary for operating and managing the loan account.
(3) and (4) Deleted. <by Presidential Decree No. 16412, Jun. 30, 1999>
Article 25-2(Entrustment of Affairs concerning Operation and Management of Fund) #
(1) The Minister of Science and Technology shall, under Article 14 (4) of the Act and from among the affairs concerning the operation and management of fund, entrust those related to the contribution account to the Korea Science and Engineering Foundation under the Korea Science and Engineering Act, and those related to the loan account to the Korea Science Foundation under the Special Act on Innovation in Science and Technology. <Amended by Presidential Decree No. 16929, Jul. 29, 2000>
(2) The Minister of Science and Technology shall determine necessary matters concerning the conditions of loan after a deliberation of the Fund Operation Deliberation Council under the provision of Article 26 and a consultation with the Minister of Finance and Economy.
[This Article Newly Inserted by Presidential Decree No. 16412, Jun. 30, 1999]
Article 26(Composition and Operation of Fund Operation Deliberation Council) #
(1) For the purpose of deliberating important matters concerning operation and management of the Fund, the Fund Operation Deliberation Council shall be installed in the Ministry of Science and Technology. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) The Fund Operation Deliberation Council shall deliberate the matters of the following subparagraphs: <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
1. Establishment of the fund operating plan and preparation of report on the settlement of accounts;
2. Modification of the fund operating plan; and
3. Other matters which the Minister of Science and Technology refers to the Council as he deems them important for operating and managing the Fund.
(3) The Fund Operation Deliberation Council shall be composed of less than 10 members including a chairman.
(4) Chairman shall be the Vice-Minister of Science and Technology and members shall be the person falling under the any of the following subparagraphs: <Amended by Presidential Decree No. 13870, Mar. 6, 1993; Presidential Decree No. 14438, Dec. 23, 1994; Presidential Decree No. 15253, Dec. 31, 1996; Presidential Decree No. 16326, May 24, 1999; Presidential Decree No. 16412, Jun. 30, 1999; Presidential Decree No. 17115, Jan. 29, 2001>
1. Persons who are appointed from among public officials in Grade Ⅱ or Ⅲ of the Ministry of Finance and Economy, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Commerce, Industry and Energy, the Ministry of Information and Communication, the Minister of Environment and the Ministry of Planning and Budget by the head of the agency to which they belong; and
2. Persons who are appointed by the head of an institution entrusted from among staffs of the institution entrusted as prescribed in Articles 25-2.
(5) For the purpose of administrating the affairs, an executive secretary shall be assigned to the Fund Operation Deliberation Council, but he shall be a person whom the Minister of Science and Technology appoints from among public officials in Grade Ⅲ or Grade Ⅳ of the Ministry of Science and Technology. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(6) Members present at the Council may receive allowances and travelling expenses in the limit of the budget: Provided, That this shall not apply in case where a member who is a public official, attends the committee directly in connection with his duties.
Article 27(Accounting Organ of Fund) #
(1) The Fund Account Instructor and the Fund Account Public Officer shall be nominated by the Minister of Science and Technology for the purpose of having them in charge of receipts and payments of the Fund. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) The Fund Account Instructor shall be in charge of causes of collection and payment of the Fund, while the Fund Account Public Officer shall be in charge of payment resulting from causes of receipt and payment of the Fund.
(3) The head of the institution entrusted with affairs concerning operation and management of the Fund as prescribed in Articles 25-2 shall nominate Fund Account Staff and Fund Account Clerk respectively from among its employees and report it to the Minister of Science and Technology. In this case, the Fund Account Staff shall perform the duty of the Fund Account Instructor and the Fund Account Clerk shall perform the duty of the Fund Account Public Officer. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(4) When the Fund Account Instructor, the Fund Account Public Officer, the Fund Account Staff and the Fund Account Clerk are nominated under the provisions of paragraphs (1) and (3), it shall be notified to the Board of Audit and Inspection, the Minister of Finance and Economy, the President of the Bank of Korea and the head of the related financial institution respectively. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(5) The Fund Account Instructor and the Fund Account Public Officer, and the Fund Account Staff and the Fund Account Clerk respectively shall not hold two offices at the same time.
Article 28(Detailed Rules for Operating Fund) #
Necessary matters other than those as prescribed by this Decree concerning operation and management of the Fund and operation of the Fund Operation Deliberation Council shall be determined by the Minister of Science and Technology via deliberation of the Council. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 29(Assessment of Technology and Guidelines of Technology Standard, etc.) #
(1) The subject of technology assessment as prescribed in Article 16 (4) of the Act is a technology expected to have side effects on every phase such as economy and culture, etc. among new technologies and it shall be determined by the Minister of Science and Technology considering the economic, social and technological demand. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(2) Technology assesment as prescribed in paragraph (1) shall be entrusted to the institutions falling under subparagraphs of Article 8-3 (1) of the Technology Development Promotion Act and to foreign research institutes. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
(3) Technology assesment as prescribed under paragraph (1) shall include the matters of the following subparagraphs:
1. Influence on enhancement of the national life and development of the related industry;
2. Influence on safety, sanitation, health and medical treatment of the national life, and environment; and
3. Other benefits and side effects on economy and society.
(4) Based on the results of the technology assessment, the Minister of Science and Technology shall determine the guidelines of technology standard, which can harmonize the enhancement of the national life and the development of the related industry with side effects on every phase such as economy and culture, etc. brought by the technology, through a deliberation of the council. <Amended by Presidential Decree No. 16412, Jun. 30, 1999>
Article 30(Designation of Public Officials in Exclusive Charge of Administration of Science and Technology) #
The public officials in exclusive charge of administration of science and technology as prescribed in Article 17 of the Act shall be appointed from among those of the followings: <Amended by Presidential Decree No. 15253, Dec. 31, 1996>
1. Public officials in Grade Ⅱ or Ⅲ in case of central administrative agencies to which the members of the Council belong and the Special Metropolitan City; and
2. Public officials in Grade Ⅲ or Ⅳ in case of any Metropolitan City and Do.