ENFORCEMENT DECREE OF THE ACT ON THE AGENCY FOR DEFENSE DEVELOPMENT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters necessary for the enforcement of the Act on the Agency for Defense Development.

[This Article Wholly Amended on Feb. 3, 2012]

Article 2(Matters to be Registered for Incorporation) #

The registration for incorporation of the Agency for Defense Development (hereinafter referred to as the "Agency") under Article 3 of the Act on the Agency for Defense Development (hereinafter referred to as the "Act") shall include the following matters:

1. Purpose;

2. Name;

3. Place of a main office;

4. Names and addresses of executive officers;

5. Method of public announcement.

[This Article Wholly Amended on Feb. 3, 2012]

Article 3(Registration of Transfer) #

When the Agency relocates its principal office, it shall file for registration of relocation at the former location within 3 weeks and register matters referred to in the subparagraphs of Article 2 at the new location; provided, when the Agency relocates its principal office within the jurisdictional area of the same registry, it shall only file for registration of relocation.

[This Article Wholly Amended on Feb. 3, 2012]

Article 4(Registration of Changes) #

When any matter referred to in the subparagraphs of Article 2 is changed, the Agency shall register such change within 3 weeks.

[This Article Wholly Amended on Feb. 3, 2012]

Article 5(Documents Attached to Application for Registration) #

Applications for registration under Articles 2 through 4 shall be accompanied by the following documents:

1. Registration of incorporation under Article 2: The following documents:

(a) Statutes and regulations governing establishment of the Agency;

(b) Articles of incorporation of the Agency;

(c) Documents evidencing authorization by the Minister of National Defense under Article 4 (2) of the Act;

2. Registration of relocation under Article 3: Documents evidencing the relocation of the principal office;

3. Registration of modification under Article 4: Documents evidencing the modification of registered matters.

[This Article Wholly Amended on Feb. 3, 2012]

Article 6(Registry Offices) #

(1) The registration of the Agency shall be made by the district court having jurisdiction over the principal office of the Agency, its branch office, or its registry office.

(2) The registry office shall keep a register of the Agency.

[This Article Wholly Amended on Feb. 3, 2012]

Article 7(Applicants for Registration) #

Application for registration of the Agency shall be filed by the President of the Agency.

[This Article Wholly Amended on Feb. 3, 2012]

Article 8 #

Deleted. <Mar. 3, 1999>

Article 9(Time and Methods for Contributions) #

(1) The Minister of the Defense Acquisition Program Administration shall pay the Government contributions to the Agency under Article 5 of the Act by appropriating them in the budget every year.

(2) Notwithstanding paragraph (1), the Government may separately pay contributions necessary for the relevant projects to the Agency if it is difficult to adjust the project plan, if there is a special need to require the Agency to conduct a project other than the project plan finalized pursuant to Article 16 of the Act, if it is difficult to adjust the project plan.

(3) When the budget for contributions under paragraph (1) is finalized, the Minister of the Defense Acquisition Program Administration shall notify the Agency without delay.

(4) Upon receipt of the notification under paragraph (3), the Agency shall file an application for the payment of contributions with the Minister of the Defense Acquisition Program Administration, along with a quarterly projects and a budget execution plan.

(5) Upon receipt of an application under paragraph (4), the Minister of the Defense Acquisition Program Administration shall pay contributions to the Agency so that it can conduct its business in accordance with its projects and budget execution plans.

[This Article Wholly Amended on Feb. 3, 2012]

Article 10(Ex Officio Directors) #

The ex officio directors of the Agency under Article 10 (2) of the Act shall be the following persons: <Amended on Mar. 23, 2013; Jul. 26, 2017; Dec. 1, 2020>

1. The Minister of National Defense, the Minister of the Defense Acquisition Program Administration, and the President of the Agency;

2. Vice Ministers designated by the Minister of Strategy and Finance, the Ministry of Science and Ict, and the Ministry of Trade, Industry and Energy from among the Vice Ministers of the Relevant Agencies;

3. The Chairman of the Joint Chiefs of Staff, the Army Chief of Staff, the Navy Chief of Staff, the Air Force Chief of Staff, and the Commander of the Marine Corps.

[This Article Wholly Amended on Feb. 3, 2012]

Article 10-2(Chaiperson) #

The Minister of National Defense shall be the chairperson of the board of directors under Article 11 (2) of the Act, and the head of the Defense Acquisition Program Administration shall be the vice chairperson.

[This Article Wholly Amended on Feb. 3, 2012]

Article 11(Appropriation of Surplus) #

When a surplus accrues at the end of each fiscal year, the Agency shall compensate for the loss carried forward and the remaining amount shall be carried forward to the following year.

[This Article Wholly Amended on Feb. 3, 2012]

Article 12(Budget and Project Plan) #

The project plans and budget proposals submitted by the Agency to the Minister of National Defense pursuant to Article 16 of the Act shall be classified into goals, policies, major projects and required budgets, and the budget shall be classified into establishment expenses, construction expenses, operating expenses and research expenses, and the details thereof shall be indicated, attached by data necessary to ascertain the details thereof.

[This Article Wholly Amended on Feb. 3, 2012]

Article 13(Report on Projects and Settlement of Accounts) #

The quarterly performance of execution of a project plan under Article 17 (1) of the Act shall be reported by the 20th day of the following month, and the statement of accounts under paragraph (2) of the same Article shall be accompanied by a report on the analysis of the performance of the project plan, a retained earnings report, and other necessary documents.

[This Article Wholly Amended on Feb. 3, 2012]

Article 14(Cooperation in Business Affairs) #

When the President of the Agency requests the head of a relevant agency to the head of a relevant agency to have military personnel or public officials under his or her jurisdiction provide support for research affairs of the Agency pursuant to Article 20 of the Act, he or she shall present the following matters:

1. Necessity of support;

2. Divisions requiring support and details of affairs;

3. Persons eligible for support and period of support;

4. Other necessary matters.

[This Article Wholly Amended on Feb. 3, 2012]

Article 14-2(Gratuitous Lease or Transfer of Military Supplies) #

(1) Where the Agency intends to lease or transfer military supplies without consideration pursuant to Article 21 (1) of the Act, it shall request a management agency under Article 6 of the Act on the Management of Military Supplies (hereafter in this Article referred to as "management agency"), specifying the following matters:

1. Reasons for borrowing or acquisition by transfer;

2. Classification of lease or transfer;

3. Details of military supplies;

4. Time, period, and other conditions of lease or transfer.

(2) Where a management agency in receipt of a request under paragraph (1) leases or transfers military supplies to the Agency without compensation, the lease or transfer of the relevant military supplies without compensation shall be governed by a contract between the management agency and the Agency.

(3) Where the Agency has used the munitions leased or transferred by the Agency in violation of the purpose of the lease or transfer, the management agency that has entered into a contract with the Agency pursuant to paragraph (2) may terminate or cancel the contract.

[This Article Added on Mar. 3, 2016]

Article 15(Permission for Use of State or Public Property) #

(1) Permission to use State or public property without compensation or gratuitous lending under Article 21 of the Act shall be granted or gratuitously leased in accordance with a contract between the head of a central government agency under Article 6 of the National Finance Act (hereinafter referred to as "head of a central government agency") who manages the relevant State property or the head of a local government under Article 106 of the Local Autonomy Act who manages the relevant public property (hereinafter referred to as "head of a local government") and a research institute. <Amended on May 3, 2016; Dec. 16, 2021>

(2) Deleted. <May 3, 2016>

(3) The head of a central government agency or the head of a local government who has entered into a contract with a research institute pursuant to paragraph (1) may terminate or cancel the contract if the research institute uses any State or public property leased by the research institute for violating the purpose of the lease. <Amended on May 3, 2016>

[This Article Wholly Amended on Feb. 3, 2012]

[Title Amended on May 3, 2016]

Article 16(Transfer of State or Public Property) #

(1) The transfer of State property or public property under Article 21 of the Act shall be made only where it is essentially necessary for the establishment and operation of the Agency, but it shall be governed by a contract between the head of a central government agency or the head of a local government that manages the relevant property and the Agency. <Amended on May 3, 2016>

(2) Where the head of a central government agency intends to enter into a contract under paragraph (1), he or she shall consult in advance with the Minister of Economy and Finance pursuant to Article 55 (3) of the State Property Act.

(3) The head of a central government agency or the head of a local government who has entered into a contract with a research institute pursuant to paragraph (1) may cancel the contract if the research institute uses the State or public property transferred to the research institute for a violation of the purpose of the transfer. <Newly Added on May 3, 2016>

[This Article Wholly Amended on Feb. 3, 2012]

[Title Amended on May 3, 2016]

Article 17 #

Deleted. <May 3, 2016>

Article 18(Application Mutatis Mutandis of the State Property Act) #

Except as otherwise expressly provided for in this Decree, the Act on the Management of Military Supplies, the State Property Act, or the Public Property and Commodity Management Act shall apply mutatis mutandis to matters necessary for permission for the gratuitous use, lease, or transfer of military supplies, State-owned property or public property, other than those provided for in this Decree. <Amended on May 3, 2016>

[This Article Wholly Amended on Feb. 3, 2012]

Article 19(Application Mutatis Mutandis of Security Work Regulations) #

The Regulations on Security Work shall apply mutatis mutandis to documents prepared by the Agency in the course of performing its duties and matters belonging to national secrets handled by the Agency in the course of performing its duties.

[This Article Wholly Amended on Feb. 3, 2012]

Article 20(Delegation of Administrative Authority) #

The Minister of National Defense shall delegate his or her authority to supervise the duties of the President of the Agency to the Minister of the Defense Acquisition Program Administration pursuant to Article 6 (1) of the Government Organization Act.

[This Article Wholly Amended on Feb. 3, 2012]