Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Civil-Military Technological Cooperation Programs and those necessary for enforcing that Act. <Amended on Jan. 27, 2010; Jan. 28, 2014>
Article 1-2(Relevant central administrative agencies) #
"Central administrative agencies prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on the Promotion of Civil-Military Technological Cooperation Programs (hereinafter referred to as the "Act") means the Ministry of Science and ICT; Ministry of Culture, Sports and Tourism; Ministry of Health and Welfare; Ministry of Land, Infrastructure and Transport; Ministry of Oceans and Fisheries; Ministry of SMEs and Startups; Korea Aerospace Administration; Korean National Police Agency; National Fire Agency; Rural Development Administration; Korea Meteorological Administration; and Korea Coast Guard. <Amended on Mar. 23, 2013; Jan. 28, 2014; Nov. 19, 2014; Jul. 26, 2017; Jul. 3, 2018; Mar. 29, 2024>
[This Article Added on Jan. 27, 2010]
Article 2(Formulation of master plans) #
(1) The head of each relevant central administrative agency shall submit a plan for civil-military technological cooperation programs related to the duties under their jurisdiction under Article 4 (3) of the Act to the Minister of Trade, Industry and Resources by February 15 of the year preceding the commencement year of a master plan for civil-military technological cooperation programs under Article 4 (1) of the Act (hereinafter referred to as "master plan"). <Amended on Jan. 20, 2004; Oct. 18, 2004; Feb. 8, 2006; Feb. 29, 2008; Jan. 27, 2010; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>
(2) The Minister of Trade, Industry and Resources shall formulate a master plan every five years. <Amended on Oct. 18, 2004; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>
Article 3(Formulation of action plans) #
(1) The Minister of Trade, Industry and Resources shall establish guidelines for the preparation of plans necessary for the implementation of the master plan under Article 5 (2) of the Act, as recognized by the heads of relevant central administrative agencies, and shall notify the heads of the relevant central administrative agencies thereof by December 31 of the year preceding the year of project implementation. <Amended on Oct. 18, 2004; Feb. 8, 2006; Feb. 29, 2008; Jan. 27, 2010; Mar. 23, 2013; Oct. 1, 2025>
(2) The heads of the relevant central administrative agencies shall invest at least 2/1,000 of the budget for the following research and development programs in civil-military technological cooperation programs in accordance with the latter part of Article 5 (2) of the Act. <Amended on Jan. 27, 2010; Mar. 23, 2013; Jan. 28, 2014; May 22, 2014; Nov. 19, 2014; Jul. 26, 2017; Jul. 3, 2018; Dec. 31, 2020; Mar. 29, 2024; Oct. 1, 2025>
1. The Ministry of Trade, Industry and Resources: Industrial technology innovation programs under subparagraph 7 of Article 2 of the Industrial Technology Innovation Promotion Act;
2. The Ministry of the Defense Acquisition Program Administration: Technology development programs among the programs under Article 7 (1) of the Act on the Agency for Defense Development;
3. The Ministry of Science and ICT: Research and development programs related to information and communications under Article 44 (1) 1 of the Information and Communications Technology Industry Promotion Act and research and development programs related to promising future technologies and convergence technologies of the State under Article 14 (1) of the Basic Research Promotion and Technology Development Support Act;
4. The Ministry of Culture, Sports and Tourism: Cultural industry-related technology and cultural content development programs under Article 17 (1) of the Framework Act on the Promotion of Cultural Industries;
5. The Ministry of Health and Welfare: Research and development programs for health and medical service technology under Article 5 (1) of the Health and Medical Service Technology Promotion Act;
6. The Ministry of Land, Infrastructure and Transport: Construction technology research and development programs under Article 7 (1) of the Construction Technology Promotion Act;
7. The Ministry of Oceans and Fisheries: Marine science and technology research and development programs under Article 8 (1) of the Marine Science and Technology Promotion Act;
Article 4(Submission of performance reports) #
The head of each relevant central administrative agency shall submit to the Minister of Trade, Industry and Resources the previous year's performance report on the relevant matters under their jurisdiction in the annual action plan for civil-military technological cooperation programs (hereinafter referred to as "action plan") by February 15 each year in accordance with Article 5 (3) of the Act. <Amended on Jan. 20, 2004; Oct. 18, 2004; Feb. 8, 2006; Feb. 29, 2008; Jan. 27, 2010; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>
Article 5(Requests for provision of data) #
The Minister of Trade, Industry and Resources may request the heads of the relevant central administrative agencies to provide necessary data when necessary for formulating a master plan and an action plan. <Amended on Jan. 20, 2004; Oct. 18, 2004; Feb. 8, 2006; Feb. 29, 2008; Jan. 27, 2010; Mar. 23, 2013; Oct. 1, 2025>
Article 5-2 #
Deleted. <Jan. 27, 2010>
Article 6 #
Deleted. <Jan. 27, 2010>
Article 7 #
Deleted. <Jan. 27, 2010>
Article 8 #
Deleted. <Jan. 27, 2010>
Article 9 #
Deleted. <Jan. 27, 2010>
Article 10 #
Deleted. <Jan. 27, 2010>
Article 11 #
Deleted. <Jan. 27, 2010>
Article 12(Criteria for selection of technology development projects) #
When the head of each relevant central administrative agency intends to select a technology development project under Article 7 (1) 1 of the Act (hereinafter referred to as "technology development project"), they shall consider the following matters: <Amended on Jan. 20, 2004; Jan. 28, 2014>
1. Demand for the relevant civil-military technology development program;
2. The period and expenses for executing the relevant civil and military technology development program.
Article 13(Procedures and criteria for selection of lead research institutes and principal investigators) #
(1) When the head of a relevant central administrative agency intends to select a lead research institute under Article 7 (1) 2 of the Act (hereinafter referred to as "lead research institute") and a principal investigator, he or she shall prepare and publicly announce a list of technology development projects selected under Article 7 (1) 1 of the Act in advance.
(2) The head of a relevant central administrative agency shall take into account the following matters when selecting a lead research institute and a principal investigator:
1. Research performance in the core technology area of the relevant technology development project or in a similar technology area;
2. Current status of personnel, facilities, and equipment necessary for conducting the relevant technology development project;
3. Current status of operation and management of research grants, research personnel, and technological information.
Article 14(Content of agreement) #
(1) An agreement on a research on a technology development project under Article 7 (2) of the Act shall include the following matters:
1. The name, scope, and methodology, and principal investigator of the research project;
2. Research grants and how they are paid;
3. Reporting of research results;
4. Attribution and utilization of research results;
5. Collection of royalties for utilization of research results;
6. Measures taken based on the assessment of research results;
7. Use and management of research grants;
8. Modification and termination of the agreement;
9. Measures against violations of the agreement;
10. Other matters incidental to research.
(2) "Research institutes or organizations in the field of science and technology prescribed by Presidential Decree" in Article 7 (2) 8 of the Act means any of the following research institutes or organizations. <Amended on Jul. 16, 2001; Jan. 20, 2004; Oct. 18, 2004; Feb. 8, 2006; Feb. 29, 2008; Jan. 27, 2010; Mar. 23, 2013; Jan. 28, 2014; Dec. 29, 2020; Oct. 1, 2025>
1. Specialized research institutes under subparagraph 10 of Article 3 of the Defense Acquisition Program Act;
1-2. Schools under the subparagraphs of Article 2 of the Higher Education Act;
2. Domestic or overseas research institutes or organizations recognized by the Minister of Trade, Industry and Resources as qualified to participate in a civil-military technological development program following consultation with the heads of relevant central administrative agencies;
Article 15(Conversion to technology development projects) #
When the head of any of the relevant central administrative agencies intends to convert a research project in progress under another statute into a technology development project under Article 7 (4) of the Act, they shall, after obtaining the consent from the relevant research institute responsible for the research project and the enterprises participating in the research project, request a review of the feasibility of the conversion to an exclusive organization for civil-military technological cooperation under Article 12 (1) of the Act. <Amended on Jan. 28, 2014>
Article 16(Criteria for Selection of Technology Transfer Projects) #
(1) When the head of each relevant central administrative agency intends to select a technology transfer project under Article 8 (1) 1 of the Act (hereinafter referred to as "technology transfer project"), they shall, in advance, prepare a list of technologies held by the military and non-military sectors that are mutually transferable, and shall notify the relevant persons or relevant agencies thereof or make them available for perusal by the relevant persons. <Amended on Jan. 28, 2014>
(2) When the head of each relevant central administrative agency intends to select a technology transfer project, they shall consider the following matters:
1. Method and period of technology transfer;
2. Plan for financing the costs of technology transfer;
3. Commercialization plan after technology transfer;
4. The scope of technology ownership held by the technology recipient after the technology transfer and the consideration therefor.
(3) A technology holder and a technology recipient that conducts a civil-military technology transfer program under subparagraph 2 of Article 3 of the Act may mutually dispatch researchers or employees under their jurisdictions for a certain period. <Add on Jan. 28, 2014>
Article 17(Civil-military specifications standardization programs) #
(1) Where the Minister of the Defense Acquisition Program Administration deems it necessary for the investigation and analysis of domestic and foreign specifications under Article 9 (1) 1 of the Act, they may conduct measurement, analysis and testing of ingredients, and evaluation of operational capabilities of civilian supplies. <Amended on Feb. 8, 2006>
(2) When the head of each relevant central administrative agency elicits, formulates, or amends standardized specifications under Article 9 (1) 3 of the Act, they shall publicly notify the fact. <Amended on Jan. 28, 2014>
[Title Amended on Jan. 28, 2014]
Article 18(Civil-military technological information exchange programs) #
(1) The Minister of Trade, Industry and Resources shall formulate and implement policy measures regarding the following matters in order to collect and manage technological information under Article 10 (1) 1 of the Act and establish a technological information exchange system under subparagraph 2 of that paragraph: <Amended on Oct. 18, 2004; Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2014; Oct. 1, 2025>
1. Collection and management of technological information, including the outcomes of research and development, specialized technical personnel, equipment and apparatus for research and development, and domestic and international technological trends, etc.;
2. Standardization of information management systems and operating systems;
3. Establishment of a network among information-exchange institutions;
4. Development of an integrated system for information exchange.
(2) The Minister of Trade, Industry and Resources may request the heads of the relevant central administrative agencies to provide necessary data if necessary for formulating and implementing policy measures on matters under paragraph (1) 1. <Add on Jan. 28, 2014; Oct. 1, 2025>
Article 18-2(Duties of exclusive organization for civil-military technological cooperation) #
"Matters prescribed by Presidential Decree" in Article 12 (2) 5 of the Act means the following duties:
1. Support for military sector-related technologies in technology development projects;
2. Review of the feasibility of conversion to a technology development project under Article 15;
3. Under Article 10 (5) of the Act, management of technological information related to civil-military technological cooperation programs in charge, and establishment of a technological information exchange system among relevant administrative agencies;
4. Tasks entrusted by or performed on behalf of the head of each relevant central administrative agency.
[This Article Wholly Amended on Jan. 28, 2014]
Article 19(Designation of research institutes) #
The head of each relevant central administrative agency shall consult with the heads of other relevant central administrative agencies when designating a research institute under Article 13 of the Act. <Amended on Jan. 27, 2010>
Article 19-2(Support for participant enterprises) #
(1) A participant enterprise that seeks to receive support to commercialize technology developed or transferred through a civilian-military technological cooperation program shall submit a commercialization plan determined by the head of the relevant central administrative agency to the head of the relevant central administrative agency. <Amended on Jan. 28, 2014>
(2) When the heads of a lead research institute and others under Article 15 (5) of the Act request the Minister of the Defense Acquisition Program Administration to provide relevant technological data, equipment, etc. under Article 15 (5) of the Act, the request shall be made through the head of the exclusive organization for civil-military technological cooperation under Article 12 (1) of the Act. <Amended on Jan. 27, 2010; Jan. 28, 2014>
[This Article Added on Jan. 20, 2004]
Article 20(Payment of contributions) #
(1) When the head of each relevant central administrative agency pays contributions under Article 17 (1) of the Act (hereinafter referred to as "contributions"), they shall pay them in installments; provided, if it is deemed necessary in consideration of the scale of the civil-military technological cooperation program, the commencement time of the program, the financial conditions of the Government, etc., the contributions may be paid in a lump sum. <Amended on Jan. 28, 2014>
(2) The lead research institute, etc. under Article 17 (1) of the Act (hereinafter referred to as "lead research institute, etc.") shall use the received contributions only for the following purposes:
1. Researcher labor costs;
2. Expenses necessary for the purchase, installation, lease, and operation of research facilities and equipment;
3. Expenses for purchasing materials;
4. Expenses for the introduction of technologies and expenses for technical information and activities;
5. Research and management expenses and technical guidance expenses;
6. Expenses for invitation of foreign experts and education and training of researchers;
7. Expenses for the establishment and operation of overseas research institutes;
8. Development and maintenance expenses;
9. Other expenses incurred in research and development.
(3) The lead research institute, etc. shall, upon receipt of contributions, establish and manage a separate account for the contributions.
(4) When the lead research institute, etc. uses contributions for any purpose other than those specified in paragraph (2) without good cause, the head of the relevant central administrative agency may recover the contributions.
Article 21(Subsidization of fund) #
"Fund prescribed by Presidential Decree" in subparagraph 4 of Article 18 of the Act means a fund operated by a local government. <Amended on Jan. 27, 2010>
Article 22(Lease of State property) #
(1) When a research institute, organization, or enterprise participating in a civil-military technological cooperation program seeks to obtain a lease of, receive concessions for, use, or profit from State-owned property in accordance with Article 20 (1) of the Act, it shall apply to the management authority of the relevant property upon the recommendation of the head of the relevant central administrative agency; provided, if the management authority of the relevant property is the head of any of the relevant central administrative agencies, the application shall be made directly the head of the relevant central administrative agency. <Amended on Jan. 28, 2014>
(2) The lease of, use of, or profit from State-owned property with consideration under Article 20 (1) of the Act shall be conducted through a private contract.
Article 22-2(Entrustment of tasks) #
The head of each relevant central administrative agency may entrust the following tasks to a relevant institute or organization, such as an organization exclusively responsible for civil-military technological cooperation under Article 12 (1) of the Act, in accordance with Article 24 (2) of the Act. In this case, the head of the relevant central administrative agency shall publicly notify the details of the tasks to be entrusted, methods of handling the tasks, matters regarding the entrusted institute or organization, etc.:
1. Identification of technology development projects and technology transfer projects under Articles 7 (1) 1 and 8 (1) 1 of the Act;
2. Assessment of the research results of technology development projects and the outcomes of technology transfer under Article 7 (1) 3 of the Act and Article and 8 (1) 3 of the Act;
3. Investigation and analysis of domestic and foreign standards under Article 9 (1) 1 of the Act;
4. Collection and management of technological information under Article 10 (1) 1 of the Act, and establishment of technological information exchange system under subparagraph 2 of that paragraph;
5. Payment of contributions under Article 17 (1) of the Act and recovery of contributions under Article 20 (4) of this Decree;
6. Preparation and public announcement of a list of technology development projects under Article 13 (1);
7. Preparation, notification, and perusal by relevant persons of the lists of technologies that are mutually transferable under Article 16 (1);
[This Article Wholly Amended on Jan. 28, 2014]
Article 22-3(Relationship to other statutes or regulations) #
Except as provided in this Decree, the planning, evaluation, and management of civil-military technological cooperation programs implemented as national research and development programs shall be governed by the National Research and Development Innovation Act. <Amended on Jan. 27, 2010; Jan. 28, 2014; Dec. 29, 2020>
[This Article Added on Jan. 20, 2004]
Article 23(Detailed matters) #
Except as provided in this Decree, matters necessary for the promotion of civil-military technological cooperation programs shall be determined respectively by the heads of the relevant central administrative agencies within their respective jurisdictions, through mutual consultation among the heads of the relevant central administrative agencies. <Amended on Jan. 28, 2014>