Article 1(Purpose) #
The purpose of this Act is to establish an efficient mutual aid system for scientists and engineers by establishing the Korea Scientists and Engineers Mutual-Aid Association, thereby seeking stabilization of scientists and engineers' livelihood and promotion of their welfare and contributing to activation of scientific and technological activities and enhancing national competitiveness.
[This Article Wholly Amended on Jun. 7, 2011]
Article 2(Juristic person and registration) #
The Korea Scientists and Engineers Mutual-Aid Association (hereinafter referred to as the "Mutual-Aid Association") shall be a juristic person, and it shall be incorporated by completing the registration of incorporation at the seat of its principal office.
Article 3(Office) #
(1) The principal office of the Mutual-Aid Association shall be located in Seoul Special Metropolitan City; provided, it may be located in a place other than Seoul Special Metropolitan City when necessary, as prescribed by the articles of incorporation.
(2) The Mutual-Aid Association may have branches when necessary, as prescribed by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 4(Articles of incorporation) #
(1) The articles of incorporation of the Mutual-Aid Association shall contain each of the following matters:
1. Objectives;
2. Name;
3. Matters concerning the principal office and branches;
4. Matters concerning the qualifications of members, and admission and secession;
5. Matters concerning the rights and duties of members;
6. Matters concerning capital and members' contributions;
7. Matters concerning members' benefits;
8. Matters concerning the board of representatives and the board of directors;
9. Matters concerning organization and structure;
10. Matters concerning executive officers and employees;
11. Matters concerning businesses and execution of duties;
12. Matters concerning its budget, settlement of accounts, and accounting;
13. Matters concerning amendment to the articles of incorporation;
14. Other matters necessary for the operation of the Mutual-Aid Association.
(2) Any amendment to the articles of incorporation shall be subject to the authorization of the Minister of Science and ICT through a resolution by the board of representatives. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 5(Prohibition of use of similar name) #
Except for the Mutual-Aid Association under this Act, no one shall use the name "Korea Scientists and Engineers Mutual-Aid Association" or any other name similar thereto.
[This Article Wholly Amended on Jun. 7, 2011]
Article 6(Qualifications for membership) #
(1) The members of the Mutual-Aid Association shall be classified into general members and special members.
(2) A person who is qualified to become a general member shall be any of the following persons: <Amended on Apr. 5, 2013; Mar. 22, 2016; Jun. 9, 2020>
1. Executive officers and employees of research institutions established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, research societies established pursuant to Article 18 of the same Act, or universities of graduate studies established pursuant to Article 33 of the same Act;
2. Executive officers and employees of specific research institutions under Article 2 of the Specific Research Institutes Support Act;
3. Executive officers, researchers, and employees of research institutes affiliated with enterprises recognized pursuant to Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act and the employees belonging thereto;
4. Executive officers and employees of engineering business operators reported pursuant to Article 21 (1) of the Engineering Industry Promotion Act;
5. Engineers of engineers' offices established pursuant to Article 6 of the Professional Engineers Act and the employees belonging thereto, and members, executive officers, and employees of the professional engineers' association established pursuant to Article 14 of the same Act;
6. Executive officers and employees of the Industrial Technology Research Cooperatives which have obtained authorization for establishment pursuant to Article 8 (1) of the Industrial Technology Research Cooperatives Support Act;
7. Executive officers and employees of the National Information Society Agency established pursuant to Article 12 of the Framework Act on Intelligent Informatization and the Korea Information Security Agency established pursuant to Article 52 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
8. Executive officers and employees of non-profit corporations in the areas of science and technology, established in accordance with the Civil Act or other Acts;
9. A person subject to non-fixed term employment contract with institutions, business operators and corporations, etc. of subparagraphs 1 through 8 (including a person being deemed a worker subject to non-fixed term employment contract under Article 4 (2) of the Act on the Protection of Fixed-Term and Part-Time Workers);
Article 6-2(Membership Review Committee) #
(1) A Membership Review Committee (hereinafter referred to as the "Review Committee") shall be established in the Mutual-Aid Association to deliberate on the following:
1. Matters concerning the establishment of criteria for determining the qualifications for membership under Article 6;
2. Matters concerning determination as to whether a person who has filed an application for membership falls under subparagraph 8 or 10 of Article 6 (2) (including where he or she ceases to fall under subparagraph 8 or 10 of Article 6 (2) due to grounds, such as retirement);
3. Other matters deemed necessary by the chairperson of the Review Committee (hereinafter referred to as the "chairperson of the Review Committee") to be reviewed in connection with membership qualifications.
(2) The Review Committee shall be composed of up to 9 members, including one chairperson; and the chairperson shall be elected by and from among committee members, while committee members shall be composed of the following persons:
1. Persons appointed by the chief director from among the representatives under Article 9: Up to three persons;
2. Persons appointed by the chief director from among executive officers and employees of the Mutual-Aid Association: Up to three persons;
3. Persons recommended by the Minister of Science and ICT, from among those with extensive knowledge and experience in the fields of science and technology or law: Up to three persons.
(3) The chairperson of the Review Committee shall convene and preside over the meetings of the Review Committee.
(4) A majority of the members of the Review Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(5) The Review Committee shall have a secretary to handle its administrative affairs and the secretary shall be appointed by the chairperson of the Review Committee from among the executive officers and employees of the Mutual-Aid Association.
(6) Except as provided for in paragraphs (1) through (5), other matters necessary for the composition and operation of the Review Committee shall be prescribed by the articles of incorporation.
[This Article Added on Dec. 8, 2020]
Article 7(Rights and duties of members) #
(1) Every member shall receive benefits as prescribed by the articles of incorporation, participate in the operation of the Mutual-Aid Association, and have the right to use welfare facilities, etc.
(2) Every member shall pay contributions as prescribed by the articles of incorporation and be obliged to render cooperation in the operation of the Mutual-Aid Association.
(3) Every member may, when he or she secedes from the Mutual-Aid Association by reason of failing to satisfy the qualifications or by his or her application, claim for the refund of the contributions, etc. that he or she has paid as prescribed by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 8(Organization) #
(1) The Mutual-Aid Association shall have a board of representatives and a board of directors as a deliberative organization, a chief director and directors as an executive organization, and auditors as an auditing organization.
(2) The Mutual-Aid Association shall have necessary administrative organizations and employees to handle its affairs as prescribed by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 9(Representatives) #
(1) Every representative shall be appointed from among members, as prescribed by the articles of incorporation.
(2) The number and term of office of representatives shall be determined by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 10(Board of representatives) #
(1) The board of representatives shall be comprised of the representatives appointed pursuant to Article 9 (1).
(2) The board of representatives shall deliberate and make resolutions on the following matters:
1. Amendment to the articles of incorporation;
2. Appointment of a chief director, directors, and auditors;
3. Business mater plan and budget;
4. Approval of settlement of accounts;
5. Other matters determined by the articles of incorporation.
(3) The regular meeting of the board of representatives shall be convened by the chief director once a year, as prescribed by the articles of incorporation.
(4) The chief director shall, when deemed necessary, convene extraordinary meetings of the board of representatives; provided, in any of the following cases, he or she shall convene an extraordinary meeting of the board of representatives within ten days:
1. Where not less than 1/3 of registered representatives request the convention;
2. Where an auditor who discovers unjust or insufficient matters in connection with the accounting or execution of duties of the Mutual-Aid Association requests the convention.
(5) Matters necessary for the operation of the board of representatives shall be determined by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 11(Board of directors) #
(1) The board of directors shall be comprised of the chief director and directors, as referred to in Article 12.
(2) The chief director shall become the chairperson of the board of directors.
(3) The board of directors shall deliberate and make resolutions on the following matters:
1. Enactment, amendment, or repeal of regulations, such as the articles of incorporation;
2. Detailed plans for business operation;
3. Approval for disposal of permanent property and allocation of liabilities;
4. Basic directions for the operation and management of the Mutual-Aid Association;
5. Matters to be referred to the board of representatives;
6. Matters to be delegated by the board of representatives;
7. Other important matters concerning the execution of businesses.
(4) Matters necessary for the operation of the board of directors shall be determined by the articles of incorporation.
[This Article Wholly Amended on Jun. 7, 2011]
Article 12(Full number of executive officers) #
The Mutual-Aid Association shall have one chief director, not more than ten directors, and not more than two auditors as its executive officers.
[This Article Wholly Amended on Jun. 7, 2011]
Article 13(Appointment and term of office of executive officers) #
(1) The chief director, directors, and auditors shall be elected by the board of representatives, and they shall be inaugurated by obtaining the approval of the Minister of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) The term of office of chief directors, directors, and auditors shall be three years on the condition that they may be reappointed limited to once.
[This Article Wholly Amended on Jun. 7, 2011]
Article 14(Duties of executive officers) #
(1) The chief director shall represent the Mutual-Aid Association and supervise the operation and affairs of the Mutual-Aid Association.
(2) A director shall take partial charge of the duties of the Mutual-Aid Association as prescribed by the articles of incorporation and shall, when the chief director is unable to perform his or her duty due to unavoidable grounds, act on behalf of the chief director as prescribed by the articles of incorporation.
(3) An auditor shall audit the accounting and execution of duties of the Mutual-Aid Association.
[This Article Wholly Amended on Jun. 7, 2011]
Article 14-2(Prohibition of political activities) #
(1) The Mutual-Aid Association shall be prohibited from engaging in political activities.
(2) No executive officer (excluding non-standing directors) of the Mutual-Aid Association shall become a member of a political party.
(3) The executive officer referred to in paragraph (2) shall, when becoming a member of a political party or engaging political activities, be ex officio dismissed.
[This Article Wholly Amended on Jun. 7, 2011]
Article 15(Appointment and dismissal of employees) #
The employees of the Mutual-Aid Association shall be appointed and dismissed by the chief director.
[This Article Wholly Amended on Jun. 7, 2011]
Article 16(Business) #
(1) The Mutual-Aid Association shall conduct each of the following businesses to achieve its objective:
1. Making retirement pension payments to the members;
2. Making mutual aid payments to the members;
3. Payment of science and technology development grants under Article 16-6 to the members receiving retirement pension payments;
4. Welfare business for the members;
5. Business to raise funds;
6. Business determined by the articles of incorporation, which is incidental to any business under subparagraphs 1 through 5.
(2) The Mutual-Aid Association may conduct profit-making businesses within the scope necessary for the achievement of its objective.
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-2(Operation of retirement pension payment business) #
(1) "Retirement pension payment" under Article 16 (1) 1 means the payment for which a member's employer (hereinafter referred to as "employer") contributes a specific amount or more to the Mutual-Aid Association and accumulates to make payments to retiring members and which are made to the member in the form of a pension or of a single lump-sum payment when the member retires.
(2) The employer's contribution referred to in paragraph (1) shall be an amount equivalent to at least 1/12 of the total amount of the annual wage (referring to the wage under Article 2 (1) 5 of the Labor Standards Act; hereinafter the same shall apply) of the respective member, and every employer shall pay it regularly once or more every year in cash.
(3) Every member may pay additional contributions in addition to the employer's contribution referred to in paragraph (2).
(4) With respect to the employers that have paid the amount of money referred to in paragraph (2), they shall be deemed to have established the retirement benefit scheme under Article 4 (1) of the Act on the Guarantee of Workers' Retirement Benefits; provided, where the Mutual-Aid Association does not provide retirement pension payments to retiring members, it shall be deemed to have established the retirement allowance system under Article 8 of the Act on the Guarantee of Workers' Retirement Benefits.
(5) In cases of operating the retirement pension payment business referred to in paragraph (1) (hereinafter referred to as the "retirement pension payment business"), necessary matters, such as matters concerning the level of payments, matters concerning the kind of payments and requirements for entitlement, and matters concerning the operation of contributions shall be determined by Decree of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-3(Protection of entitlement) #
The right to receive retirement pension payments may not be transferred or provided as a security; provided, it may be offered as a security in cases falling under the causes and conditions which are determined by Decree of the Ministry of Science and ICT, such as the purchase of a house. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-4(Notification of state of operation of retirement pension payment business) #
The Mutual-Aid Association shall notify the members of the retirement pension payment business of the matters determined by Decree of the Ministry of Science and ICT once a year or more, such as the state of operation of the retirement pension payment business. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-5(Submission of operational results of retirement pension payment business) #
The Mutual-Aid Association shall submit the operational results of the retirement pension payment business, etc. to employers and the Minister of Science and ICT as prescribed by Decree of the Ministry of Science and ICT within three months after the termination of each business year. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-6(Science and technology development grants) #
(1) When a member retires and receives retirement pension payments, the Mutual-Aid Association may pay the science and technology development grants to the member in addition to retirement pension payments.
(2) The science and technology development grants under paragraph (1) (hereinafter referred to as "science and technology development grants") shall be paid by accumulating, for each member, the operational profits of the contributions that the Government and other persons make for the payment of the science and technology development grants and shall be managed and operated separately from the financial resources of the retirement pension payment business.
(3) Where the science and technology development grants are paid by reserving the operational profits of the Government contributions under paragraph (2), they shall be paid to the following persons: <Amended on May 28, 2014>
1. Persons falling under Article 6 (2) 1 or 2;
2. Persons falling under Article 6 (2) 8, who is executive officers or employees of the government-invested research institutes referred to in Article 32 (3) of the Framework Act on Science and Technology.
(4) The criteria for the accumulation of the science and technology development grants shall be determined through the deliberation of the Pension Deliberation Committee referred to in Article 16-7 each year on the condition that the amount of money accumulated for each member does not exceed 25/1000 of the total amount of the annual wage of each member.
(5) Where the annual total amount of the operational profit referred to in paragraph (2) exceeds the sum of the amounts accumulated for each member referred to in paragraph (4), the excessive profit thereof shall be operated by being included in the financial resources for the payment of the science and technology development grants.
(6) The Mutual-Aid Association shall submit to the Minister of Science and ICT the operational results of the science and technology development grants in terms of accumulation, payment, etc. as prescribed by Decree of the Ministry of Science and ICT within three months following the end of each business year. <Amended on Mar. 23, 2013; Jul. 26, 2017>
[This Article Wholly Amended on Jun. 7, 2011]
Article 16-7(Pension Deliberation Committee) #
(1) The Pension Deliberation Committee (hereinafter referred to as the "Committee") shall be established in the Mutual-Aid Association to deliberate on each of the following matters:
1. Major matters concerning the operation of accumulated money of the retirement pension payment business, etc.;
2. Major matters concerning accumulation and payment, such as criteria for the accumulation of the science and technology development grants;
3. Other matters that the chairperson of the Committee deems necessary to be deliberated by the Committee in connection with the retirement pension payment business and science and technology development grants.
(2) The Committee shall be comprised of not more than 20 Committee members including one chairperson, and the chief director of the Mutual-Aid Association and persons falling under any of the following subparagraphs and commissioned by the chairperson shall become the chairperson and other Committee members, respectively:
1. Not more than five members;
2. Not more than the heads of five institutions which are employers;
3. Not more than three public officials belonging to pension-related administrative organs of the central government;
4. Not more than six persons with professional knowledge and experience in pensions.
(3) The term of office of the Committee members under paragraph (2) 1, 2, and 4 shall be three years.
(4) The chairperson shall represent the Committee and supervise the affairs of the Committee.
(5) The chairperson shall convene the meetings of the Committee and preside over them.
(6) A majority of the total members of the Council shall constitute a quorum at all its meetings, and resolutions shall be passed with the concurrent vote of a majority of the members present. <Amended on Dec. 8, 2020>
(7) The Committee shall have a secretary to handle the administrative affairs of the Committee on the condition that the secretary be appointed by the chairperson among the executive officers and employees of the Mutual-Aid Association.
(8) In addition to the matters provided for in paragraphs (1) through (7), necessary matters for the organization and operation of the Committee shall be prescribed by Decree of the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Jul. 26, 2017>
Article 16-8(Management of sensitive information and personally identifiable information) #
(1) Where it is inevitable for performance of the following duties, the Mutual-Aid Association may manage information on health under Article 23 of the Personal Information Protection Act and data containing personally identifiable information under Article 24 of the same Act with the consent of the relevant party:
1. Affairs concerning the members’ contributions;
2. Affairs concerning payment of wages and extension of loans to the members (including their bereaved family members);
3. Affairs concerning businesses for the members’ welfare and benefits.
(2) Where the Mutual-Aid Association manages data containing information specified under paragraph (1), it shall protect the relevant information in accordance with the Personal Information Protection Act.
[This Article Added on Jan. 6, 2016]
Article 17(Capital) #
(1) The capital of the Mutual-Aid Association shall come from the financial resources in any of the following subparagraphs:
1. Contributions made by members and employers;
2. Subsidies and contributions from the Government or local governments;
3. Contributions from persons other than the Government or local governments.
(2) The government may provide or grant the subsidies and contributions referred to in paragraph (1) 2 limitedly to cases necessary for the protection and fostering of the Mutual-Aid Association.
[This Article Wholly Amended on Jun. 7, 2011]
Article 18(Fiscal year) #
The fiscal year of the Mutual-Aid Association shall coincide with that of the government.
Article 19(Budget and settlement) #
(1) The Mutual-Aid Association shall draw up a budget for the total revenue and total expenditure of the next fiscal year and obtain the approval of the Minister of Science and ICT therefor after undergoing the resolution by the board of representatives one month prior to the commencement of the next fiscal year. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(2) The Mutual-Aid Association shall prepare a statement of accounts, property list, statement of financial position, and statement of profits and losses and submit them to the Minister of Science and ICT after obtaining the approval of the board of representatives therefor. <Amended on Mar. 23, 2013; Jul. 26, 2017; Apr. 20, 2021>
[This Article Wholly Amended on Jun. 7, 2011]
Article 20(Accumulation of reserves) #
The Mutual-Aid Association shall earmark the reserves to be appropriated for the payments to be made by type of mutual aid businesses in the future in each term of settlement of accounts as prescribed by the articles of incorporation and accumulate and account them separately.
[This Article Wholly Amended on Jun. 7, 2011]
Article 21(Handling profits) #
(1) The Mutual-Aid Association shall, when net profit is generated as a result of the settlement of accounts, accumulate it in each fiscal year.
(2) The reserves referred to in paragraph (1) shall not be used except for the cases of compensating for losses and performing the businesses referred to in Article 16.
[This Article Wholly Amended on Jun. 7, 2011]
Article 21-2(Public notice of major management information and results of external audit) #
(1) The Mutual-Aid Association shall publish the following matters on its web-site and place them in major offices:
1. Plan and status of asset management, status of profit and loss, budget bill and balance sheet, statement of financial position, and other major management information;
2. Results of internal and external audits on the accounting and performance of affairs;
3. Main regulations regarding asset management.
(2) For an effective and stable management of its assets, the Mutual-Aid Association shall have external experts participate in the process of screening the matters regarding asset management, including asset allocation.
(3) Matters necessary for the public notice of major management information under paragraph (1) and participation of external experts under paragraph (2) shall be prescribed by the articles of incorporation.
[This Article Added on Dec. 19, 2017]
Article 22(Restrictions on power of representation) #
With respect to the matters about which the interest of the chief director or directors conflicts with that of the Mutual-Aid Association, the chief director or directors concerned shall not be allowed to represent the Mutual-Aid Association.
[This Article Wholly Amended on Jun. 7, 2011]
Article 23(Extinctive prescription) #
The members' right to receive payments, right to claim for the refund of contributions, and right to claim for the payment of the science and technology development grants shall, if they have not been exercised for five years from the date on which the ground thereof occurred, be extinguished by prescription. <Amended on Jan. 7, 2009>
Article 24(Administrative measures) #
When the operation of the Mutual-Aid Association falls under any of the following subparagraphs, the Minister of Science and ICT may fix a period of time and order the correction of operation and duties, and other necessary measures: <Amended on Mar. 23, 2013; Jul. 26, 2017>
1. Where statutes, the articles of incorporation, and other regulations of the Mutual-Aid Association are violated in the course of accounting or execution of duties;
2. Where the Mutual-Aid Association is operated unreasonably in a noticeable manner;
3. Where all or some of mutual aid business is suspended without any justifiable ground.
[This Article Wholly Amended on Jun. 7, 2011]
Article 25(Application mutatis mutandis of the Civil Act) #
Except as provided for in this Act, the provisions of the Civil Act, which pertain to incorporated associations shall apply mutatis mutandis to the Mutual-Aid Association.
[This Article Wholly Amended on Jun. 7, 2011]
Article 26(Administrative fines) #
(1) A person who used the name "Korea Scientists and Engineers Mutual-Aid Association" or any other name similar thereto, in violation of Article 5, shall be subject to an administrative fine of not more than five million won.
(2) The administrative fine under paragraph (1) shall be imposed and collected by the Minister of Science and ICT.
[This Article Added on Dec. 19, 2017]