ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF NANOTECHNOLOGY

Article 1(Purpose) #

The purpose of this Act is to prescribe matters mandated by the Act on the Promotion of Nanotechnology and those necessary for enforcing that Act.

Article 2(Nanotechnology comprehensive development plans) #

(1) The Minister of Science and ICT shall establish a nanotechnology comprehensive development plan (hereinafter referred to as the "comprehensive development plan") every 5 years under Article 4 (1) of the Act on the Promotion of Nanotechnology (hereinafter referred to as the "Act").

(2) The Minister of Science and ICT shall notify the heads of related central administrative agencies of the comprehensive development plan confirmed under Article 4 (3) of the Act.

(3) The Minister of Science and ICT shall include in the comprehensive development plan matters related to the implementation of nanotechnology research and development under Article 4 (4) 3 of the Act, categorized into the following research and development categories:

1. Basic research to expand the intellectual base;

2. Development of base or original technologies for innovating existing knowledge;

3. Development of core strategic technologies that can be industrialized in 5 or 10 years.

(4) "Important matters related to nanotechnology development prescribed by Presidential Decree" in Article 4 (4) 7 of the Act means the following:

1. Matters regarding support for nanotechnology development in the private sector under Article 8 of the Act;

2. Matters regarding the establishment of a system for measurement standards for the fields of nanotechnology under Article 15 of the Act;

3. Matters regarding the creation and support of nanotechnology research complexes under Article 16 of the Act;

4. Matters regarding the impact assessment of nanotechnology under Article 19 of the Act.

Article 3(Formulation of implementation plans) #

(1) The Minister of Science and ICT shall establish guidelines for formulating annual implementation plans for the following year (hereinafter referred to as "implementation plan guidelines") that are necessary for the heads of related central administrative agencies to formulate annual implementation plans (hereinafter referred to as "implementation plans") under Article 5 (1) of the Act, and shall notify the heads of related central administrative agencies of the guidelines by October 31 of each year.

(2) The Minister of Science and ICT may request the head of the related central administrative agency to submit related data when necessary to establish the for establishing the implementation plan guidelines.

(3) The Minister of Science and ICT shall receive the implementation plan for the following year by December 31 of each year and the performance results of the previous year by January 31 of each year from the head of each related central administrative agency, compile them, and report them to the Presidential Advisory Council on Science and Technology under the Presidential Advisory Council on Science and Technology Act by April 30 of each year.

Article 4(Implementation of research and development) #

Where establishing support policy measure under Article 6 (1) of the Act, the heads of related central administrative agencies shall comprehensively evaluate the research performance and technological competitiveness of nanotechnology research and development projects in the fields under their jurisdictions every 3 years and reflect the results in the support policy measures.

Article 5(Preparation of nanotechnology map) #

(1) The Minister of Science and ICT shall prepare a comprehensive technology map for the fields of nanotechnology (hereinafter referred to as "technology map") under Article 6 (3) of the Act every 5 years and notify the heads of related central administrative agencies.

(2) When the Minister of Science and ICT deems it necessary to prepare the technology map, he or she may request the submission of relevant data from research institutes, colleges and universities, and enterprises participating in national research and development programs.

(3) The technology map shall include the following matters:

1. Development trends and future outlook for key nanotechnology sectors;

2. Demand and market outlook for key nanotechnologies;

3. Analysis of research capabilities and constraint factors on nanotechnology development;

4. Analysis of the nanotechnology gap with developed countries and response strategies;

5. The realization timeline and feasibility of key nanotechnologies;

6. Analysis of patents on key nanotechnologies.

(4) The Minister of Science and ICT shall revise and supplement the technology map when deemed necessary due to the development of nanotechnology.

(5) The heads of related central administrative agencies may prepare technology maps on nanotechnology in the fields under their jurisdictions.

Article 6(Survey and analysis of nanotechnology development trends and investment directions) #

The heads of related central administrative agencies shall annually conduct a survey and analysis of trends, etc. in major countries on the following matters in accordance with Article 6 (6) of the Act and reflect the results in policies and implementation plans related nanotechnology in the fields under their jurisdictions:

1. Nanotechnology fostering policies and development strategies;

2. The level of nanotechnology;

3. Current status of the implementation of nanotechnology research and development;

4. Commercialization of nanotechnology research outcomes;

5. Prioritized investment direction for nanotechnology development.

Article 7(Korea Nanotechnology Research Society) #

(1) The Korea Nanotechnology Research Society under Article 7 (1) of the Act (hereinafter referred to as the "Society") shall be composed of up to 30 members, including the chairperson, and the members shall be private sector experts from industry, academia, and research institutes who have extensive knowledge and experience in nanotechnology.

(2) Except as provided in this Decree, the chairperson of the Society shall determine matters necessary for the composition and operation of the Society.

Article 8(Support for technology development in private sector) #

The heads of related central administrative agencies shall establish policy measures to encourage the following matters so as to activate nanotechnology research and development in the private sector and to promote its industrialization:

1. Expansion of investment in nanotechnology research and development;

2. Promoting collaborative research among industry, academia, and research institutes in the fields of nanotechnology;

3. Promoting the commercialization and industrialization of nanotechnology research and development outcomes;

4. Development and dissemination of measurement standard technologies in the fields of nanotechnology.

Article 9(Survey and analysis of nanotechnology research and development activities) #

(1) The Minister of Science and ICT shall annually conduct a survey and analysis of nanotechnology research and development activities in the private sector under Article 9 (1) of the Act (hereinafter referred to as "survey and analysis") and notify the heads of related central administrative agencies of the results.

(2) Objects of survey and analysis shall be:

1. Current status of nanotechnology-related research and development organizations and employees;

2. Current status of investment in nanotechnology research and development;

3. Current status of nanotechnology development and prospects for industrialization;

4. Current status of nanotechnology-related research facilities and equipment;

5. Opinions on nanotechnology research and development activities, such as demand for technology.

(3) The heads of the related central administrative agencies shall reflect the results notified under paragraph (1) in the policies and implementation plans related to nanotechnology in the fields under their jurisdictions.

(4) The heads of related central administrative agencies may conduct a survey and analysis in the fields of their jurisdictions, if necessary.

(5) The Minister of Science and ICT may have the following institutes, corporations, or organizations to conduct survey and analysis projects:

1. Nanotechnology research institutes under Article 13 of the Act;

2. Non-profit corporations or organizations under Article 17 of the Act.

Article 10(Development of nanotechnology human resources) #

(1) The nanotechnology human resource development plan under Article 10 (1) of the Act shall include the following:

1. Matters related to the development and operation of mid- to long-term supply and demand forecasts for nanotechnology personnel;

2. Matters related to the development of interdisciplinary education and training programs in the fields of nanotechnology;

3. Matters related to the development and operation of education and training programs utilizing institutions that operate nanofabs (hereinafter referred to as "institutions operating nanofabs");

4. Matters related to attracting and utilizing outstanding researchers from abroad in the fields of nanotechnology;

5. Matters related to the expansion of education and training institutions to train nanotechnology personnel.

(2) The Minister of Science and ICT shall establish a forecast for the supply of and demand for human resources in the fields of nanotechnology under Article 10 (2) of the Act every 3 years and notify the heads of related central administrative agencies of the results.

(3) The Minister of Science and ICT may request the submission of necessary data from related central administrative agencies, research institutes, colleges and universities, and enterprises participating in national research and development projects establish the supply and demand forecast under paragraph (2).

(4) The institutions that may be entrusted with the task of training nanotechnology personnel under Article 10 (3) of the Act are as follows:

1. Public nanofab centers designated under Article 11 (2) of the Act (hereinafter referred to as "public nanofab centers");

2. Research institutes specialized in nanotechnology under Article 13 (1) of the Act;

3. Colleges and universities under Article 2 (1) of the Higher Education Act;

4. Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

5. Special research institutes under Article 2 of the Special Research Institute Support Act;

6. Other institutions or organizations deemed necessary by the heads of related central administrative agencies for training personnel in nanotechnology under their jurisdiction.

Article 11(Public nanofab center) #

(1) The Minister of Science and ICT shall designate the following institutions or organizations as public nanofab centers under Article 11 (2) of the Act. In this case, when the Minister of Science and ICT designates an institution falling under any of the subparagraphs of paragraph (2) as a public nanofab center, he or she shall publicly notify the fact:

1. An institution operating a nanofab, from among the affiliated institutions of the Korea Advanced Institute of Science and Technology according to the Korea Advanced Institute of Science and Technology Act;

2. An institution operating a nanofab, which falls under any of the following categories:

(a) A school under Article 2 of the Higher Education Act;

(b) A Government-funded science and technology research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

(d) A research institute specializing in manufacturing technology under Article 42 of the Industrial Technology Innovation Promotion Act;

(e) A non-profit corporation established under Article 32 of the Civil Act.

(2) “Projects prescribed by Presidential Decree” in Article 11 (2) 5 of the Act means the following projects:

1. Exchange and cooperation with domestic and international professionals in the fields of nanotechnology;

2. Support for joint nanotechnology research among industry, academia, and research institutes;

3. Providing technical support for nanotechnology-related enterprises and create an enabling environment for occupancy;

4. Laying the foundation for fostering and disseminating nanotechnology;

5. Other projects necessary to efficiently establish research infrastructure for nanotechnology.

(3) Each public nanofab center shall report its operating performance for the previous year and its business plan for the current year to the Minister of Science and ICT by January 31 of each year.

(4) The Minister of Science and ICT may evaluate the operational performance of public nanofab centers every year.

Article 12(Promotion of joint utilization of nanofabs) #

(1) The Minister of Science and ICT may establish and operate a nanofab integrated information system (hereinafter referred to as the “nanofab integrated information system”) that includes the following matters in accordance with Article 11-2 (2) of the Act:

1. Integrated service for application and management of equipment and facilities held by the institution operating a nanofab;

2. Real-time confirmation service for the progress of application for use of equipment and facilities held by the institution operating a nanofab;

3. Recommendation service for available reservation times for use of equipment and facilities held by the institution operating a nanofab;

4. Information provision service on equipment and facilities held by the institution operating a nanofab;

5. Other information provision and management necessary for improving the convenience of using equipment and facilities held by the institution operating a nanofab;

(2) A person who seeks to be designated as a dedicated organization under Article 11-2 (3) of the Act (hereinafter referred to as “dedicated organization” in this Article) shall meet all of the following requirements:

1. It shall be an institution or organization that falls under any of the following:

(a) A public institution established under Article 4 of the Act on the Management of Public Institutions;

(b) A non-profit corporation established under Article 32 of the Civil Act;

(d) A Government-funded science and technology research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

(e) A special research institute under Article 2 of the Special Research Institutes Support Act;

(f) Other institutions or organizations recognized by the Minister of Science and ICT as having expertise in the joint utilization of nanofabs;

2. It shall have personnel and organizations with expertise in the joint utilization of nanofabs.

(3) A person that seeks to be designated as a dedicated organization shall submit to the Minister of Science and ICT an application for designation as determined and publicly notified by the Minister of Science and ICT, along with documents proving that all of the requirements in the subpargaraphs of paragraph (2) have been met.

Article 13(Commercialization of research and development outcomes) #

The support policy measures for promoting the commercialization of nanotechnology under Article 12 of the Act are as follows:

1. Support for the operation of a dedicated unit to promote commercialization by institutions under the subparagraphs of Article 14 (1) (hereinafter referred to as “research institutes, etc.” in this Article);

2. Fostering and supporting startup incubation centers aimed at providing support to entrepreneurs in terms of location, facilities, technology, and information in order to promote and foster the start-up of technology-intensive enterprises;

3. Arranging loans for start-up funds and providing business consulting to enterprises that can commercialize nanotechnology;

4. Support for the use of technology, information, equipment, facilities, and land held by research institutes, etc. for those seeking to commercialize nanotechnology;

5. Reduction or exemption of royalties from the technology implementation of intellectual property rights owned by research institutes, etc. while performing national research and development programs under subparagraph 1 of Article 2 of the National Research and Development Innovation Act.

Article 14(Designation of specialized nanotechnology research institutes) #

(1) The research institute specialized in nanotechnology under Article 13 (1) of the Act (hereinafter referred to as the “specialized nanotechnology research institute” in this Article) shall be designated by the Minister of Science and ICT from among the following institutions:

1. Colleges and universities and under Article 2 (1) of the Higher Education Act;

2. Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Promotion of Government-funded Science and Technology Research Institutes;

3. Specific research institutes under Article 2 of the Specific Research Institutes Support Act;

4. National or public research institutes;

5. Government-funded institutes established under statutes.

(2) When designating a specialized nanotechnology research institute, the Minister of Science and ICT shall consider the following matters:

1. Track record of research and development related to nanotechnology;

2. Status of securing research infrastructure, such as research personnel, facilities, equipment, information, etc. related to nanotechnology;

3. Whether collaborative networks among industry, academia, and research institutes related to nanotechnology are being operated.

(3) Where the Minister of Science and ICT designates a specialized nanotechnology research institute, he or she shall publish the following matters in the Official Gazette:

1. The name and address of the designated institute;

2. The date of designation and the period of designation;

3. The functions and roles.

(4) The head of a specialized nanotechnology research institute designated under paragraph (1) shall submit the business plan for the current year and the performance results of the previous year related to nanotechnology to the Minister of Science and ICT by January 31 of each year.

Article 15(Establishment of nanotechnology information system) #

(1) “Matters related to nanotechnology information as prescribed by Presidential Decree” in Article 14 (1) 4 of the Act means the following matters:

1. Fostering nanotechnology information management and distribution organizations;

2. Standardization in relation to nanotechnology information management and distribution.

(2) A specialized institute for nanotechnology information management under Article 14 (2) of the Act shall be designated by the Minister of Science and ICT from among the following research institutes:

1. Government-funded science and technology research institutes under Article 2 of the Act on the Establishment, Operation and Promotion of Government-funded Science and Technology Research Institutes;

2. Specific research institutes under Article 2 of the Specific Research Institutes Support Act.

Article 16(Support for creation of nanotechnology research complexes) #

(1) A nanotechnology research complex under Article 16 of the Act shall be established in accordance with the procedures for designation and development of a national industrial complex or local industrial complex as prescribed in the Industrial Sites and Development Act.

(2) The Minister of Science and ICT may after consultation with the heads of related central administrative agencies, designate a nanotechnology research complex centered on the area where any of the following institutions is located:

2. Colleges or universities, industrial colleges, junior colleges, or technical colleges under Article 2 of the Higher Education Act;

3. Business-affiliated research institute as prescribed in Article 14-2 (1) 2 of the Basic Research Promotion and Technology Development Support Act;

4. Industrial technology research coopperatives under the Industrial Technology Research Coopperatives Support Act;

5. Special research institutes under Article 2 of the Special Research Institute Support Act;

6. Government-funded institutions established under statutes;

7. National and public research institutes.

(3) The heads of related central administrative agencies may provided support for the following matters to research institutes, colleges and universities, etc. located in a nanotechnology research complex designated under paragraphs (1) and (2):

1. Implementation of nanotechnology research and development under Article 6 of the Act;

2. Training and utilization of specialized personnel in the fields of nanotechnology in accordance with Article 10 of the Act;

3. Expansion of nanotechnology-related research and development facilities and equipment under Article 11 of the Act;

4. Promotion of commercialization of nanotechnology under Article 12 of the Act;

5. Establishment of a nanotechnology information management and distribution system in accordance with Article 14 of the Act.

(4) Where the head of a local government seeks to receive a subsidy under Article 16 (2) of the Act, he or she shall submit an application for the subsidy to the head of the related central administrative agency by April 30 of each year, along with the following documents:

Article 17(Corporations or organizations to be fostered) #

The non-profit corporations or organizations to be forstered under Article 17 (3) of the Act are as follows:

1. The Society;

2. Industrial technology research cooperatives in the fields of nanotechnology among industrial technology research cooperatives under the Industrial Technology Research Cooperatives Support Act;

3. Other research or academic corporations or organizations in the fields of nanotechnology that the Minister of Science and ICT recognizes as having excellent research performance in the fields of nanotechnology.

Article 18(Scope of and procedures of nanotechnology impact assessment) #

(1) The Minister of Science and ICT may, in consultation with the heads of related central administrative agencies, establish an implementation plan for the nanotechnology impact assessment under Article 19 of the Act and require nanotechnology-related corporations, organizations, or institutions to conduct the impact assessment.

(2) The nanotechnology impact assessment conducted under paragraph (1) shall include the following matters:

1. The impact of the development and industrialization of nanotechnology on the improvement of the convenience of citizens’ lives and the development of related industries;

2. The impact of the development and industrialization of nanotechnology on the State and society communities at large;

3. Potential adverse impacts that nanotechnology may cause and a plan to prevent them.

(3) The Minister of Science and ICT shall notify the heads of related central administrative agencies of the results of the nanotechnology impact assessment under paragraph (1).

(4) Where the heads of related central administrative agencies are notified of the results of the nanotechnology impact assessment, they shall reflect them in the research plan for national research and development projects in the fields under their jurisdictions or establish and implement measures to minimize the potential negative impacts that nanotechnology may cause.

(5) The heads of related central administrative agencies may conduct a nanotechnology impact assessments in the fields under their jurisdictions, where necessary.