Article 1(Purpose) #
The purpose of this Act is to contribute to securing of the national biodiversity right, conservation of biodiversity and sustainable use of biological resources by prescribing matters necessary for the establishment and operation of a biological resource institute. <Amended on Nov. 26, 2019>
Article 2(Definitions) #
The terms used in this Act are defined as follows:
1. The term "biological resource" means the biological resources defined in subparagraph 3 of Article 2 of the Act on the Conservation and Use of Biological Diversity;
2. The term "biological resource institute" means a facility established by the State or a local government, equipped with professional human resources and facilities prescribed by Presidential Decree, for searching, collecting, preserving, researching and displaying biological resources for the efficient conservation of biological resources, or a facility established by the State or a local government as a corporation.
[This Article Added on Nov. 26, 2019]
[Previous Article 2 moved to Article 7 <Nov. 26, 2019>]
Article 3(Scope of application) #
This Act shall not apply to the National Institute of Marine Biological Resources under the Act on the Establishment and Management of the National Marine Biodiversity Institute of Korea.
[This Article Added on Nov. 26, 2019]
[Previous Article 3 moved to Article 5 <Nov. 26, 2019>]
Article 4(Formulation of basic plans on conservation and management of marine ecosystems) #
(1) The Minister of Climate, Energy and Environment shall establish a master plan for biological resources (hereinafter referred to as "master plan") every five years for the efficient operation of a biological resources institute. <Amended on Oct. 1, 2025>
(2) The master plans shall include the matters falling under each of the following:
1. Objectives of, and basic direction-setting for, policies of biological resource institutes;
2. Long and short term project plans;
3. Establishment and operation of biological resource institutes;
4. Preservation status and use prospect of domestic and overseas biological resources;
5. Research and development such as conservation, management and use of biological resources;
6. List of species and establishment of information system;
7. Support and cultivation of industries that use biological resources as source materials, etc.;
8. Other matters necessary to promote biological resource institutes.
(3) Necessary matters concerning procedures, etc. for the formulation of master plans shall be prescribed by Presidential Decree.
[This Article Added on Nov. 26, 2019]
[Previous Article 4 moved to Article 8 <Nov. 26, 2019>]
Article 5(Projects) #
Biological resources institutes shall perform the following projects: <Amended on Oct. 22, 2024; Oct. 1, 2025>
1. Collection, conservation, management and research of biological resources;
2. Securing, cultivating and providing biological resource materials, such as genetic resources, natural products, seeds, and cultures;
3. Specialized and scientific investigation and research on biological resources and biodiversity;
4. Support for the development, commercialization and industrialization of technologies for the conservation and use of biological resources;
5. Establishment and operation of programs for exhibition and education on biological resources and biodiversity;
6. Production and distribution of publications on biological resources and biodiversity;
7. Cooperation with other domestic and overseas institutes concerning the exchange of research, technical data, publications or information, and joint research, etc. on biological resources and biodiversity;
8. Policy support for biodiversity and conservation and management of biological resources;
9. Establishment of species list and material information for corroborated samples;
10. Establishment and operation of information systems related to biological resources;
11. Classification, naming and registration of biological resources;
12. Other projects deemed by the Minister of Climate, Energy and Environment as necessary to achieve the purpose of establishment of a biological resource institute.
[This Article Wholly Amended on Nov. 26, 2019]
[Moved from Article 3; previous Article 5 moved to Article 9 <Nov. 26, 2019>]
Article 6(National Institute of Biological Resources) #
(1) The National Institute of Biological Resources (hereinafter referred to as the "National Institute of Biological Resources") shall be established under the Minister of Climate, Energy and Environment as the biological resource institute representing the State. <Amended on Oct. 1, 2025>
(2) The National Institute of Biological Resources shall perform the following duties in addition to the projects prescribed in Article 5:
1. Overall management of projects under subparagraphs 9 through 11 of Article 5;
2. Technological guidance on and support for other domestic biological resource institutes;
3. Other duties necessary to perform functions as the biological resource institute representing the State.
(3) Matters necessary for the organization, operation, etc., of the National Institute of Biological Resources shall be prescribed by Presidential Decree.
(4) Matters necessary for the operation, etc. of biological resource institutes established by local governments or biological resource institutes established by local governments as corporations shall be prescribed by municipal ordinance of the relevant local government, and such institutes shall be operated to facilitate the functions of conserving local biological resources.
[This Article Added on Nov. 26, 2019]
[Previous Article 6 moved to Article 10 <Nov. 26, 2019>]
Article 7(Establishment of biological resource institute corporations) #
(1) The State divides the business of biological resource institutes pursuant to Article 5 by field, and establishes and operates the following biological resource institutes in order to efficiently conduct conservation, management, investigation and research of biological resources:
1. The Nakdonggang National Institute of Biological Resources;
2. The Honam National Institute of Biological Resources.
(2) The fields shared by the biological resource institutes under paragraph (1) shall be as follows:
1. The Nakdonggang National Institute of Biological Resources: Freshwater biology;
2. The Honam National Institute of Biological Resources: Island and coastal biology.
(3) The biological resource institutes under paragraph (1) shall be corporations.
(4) A biological resource institute under paragraph (1) (hereinafter referred to as a "biological resource institute corporation") shall be established by registering its incorporation at the location of its principal office, and matters necessary for registration of its incorporation shall be prescribed by Presidential Decree.
(5) The Articles of incorporation of a biological resource institute corporation shall include the following:
1. Objectives;
2. Name;
3. The location of the principal office;
4. Matters concerning affairs and the execution thereof;
5. Matters concerning property and accounting;
6. Matters regarding the board of directors;
7. Matters concerning executive officers and employees;
8. Matters relating to revisions to the Articles of association;
9. Matters regarding dissolution;
10. Matters relating to the method of public announcement;
11. Matters relating to affiliated institutes;
12. Other matters to be provided for in the Articles of incorporation under this Act;
13. Other matters specified by Presidential Decree with regard to the operation of a biological resource institute.
Article 8(Executive officers and employees) #
(1) A biological resource institute shall have 15 or less directors, including one president and one auditor as its executive officers. <Amended on Nov. 26, 2019>
(2) The number of the standing directors including the president shall not exceed three, and the other executive officers shall be non-standing.
(3) The president shall be appointed by the Minister of Climate, Energy and Environment from among plural number of persons recommended by the committee for recommendation of executive officers under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "recommendation committee"). <Amended on Oct. 1, 2025>
(4) Standing directors shall be appointed by the president, as prescribed by the Articles of incorporation, and non-standing directors shall be appointed by the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(5) The auditor shall be appointed by the Minister of Climate, Energy and Environment from among the plural number of persons recommended by the recommendation committee. <Amended on Oct. 22, 2024; Oct. 1, 2025>
(6) The president shall appoint or dismiss employees under the Articles of Incorporation. <Amended on Nov. 26, 2019>
[Moved from Article 4; previous Article 8 moved to Article 12 <Nov. 26, 2019>]
Article 9(Executive officers’ duties) #
(1) The president of a biological resource institute corporation (hereinafter referred to as "president") shall represent the competent biological resource institute corporation, exercise overall control over its business, and direct and supervise employees belonging thereto. <Amended on Nov. 26, 2019>
(2) The standing directors shall take partial charge of the business of the biological resource institute corporation pursuant to the Articles of incorporation; and they shall act on behalf of the president in accordance with the priority order as prescribed by the Articles of incorporation, when the president is unable to perform his or her duties due to some unavoidable circumstance. <Amended on Nov. 26, 2019>
(3) Directors shall deliberate on the agenda items referred to the board of directors and participate in passing a resolution thereon.
(4) An auditor shall audit business and accounting of a biological resource institute corporation under his or her control and prepare an annual comprehensive audit report and submit it to the Minister of Climate, Energy and Environment and the board of directors. <Amended on Nov. 26, 2019; Oct. 1, 2025>
[Moved from Article 5; previous Article 9 moved to Article 13 <Nov. 26, 2019>]
Article 10(Executive officers' terms of office) #
(1) The term of office of the president shall be three years, and may be renewed annually.
(2) The term of office of the directors and auditor, except for the president, shall be three years and may be renewed annually.
(3) The term of office of the newly appointed executive officer due to resignation, etc. of an executive officer shall start anew.
[Moved from Article 6; previous Article 10 moved to Article 14 <Nov. 26, 2019>]
Article 11(Reasons for disqualification for position of executive officer) #
(1) No person who falls under any of the following subparagraphs shall be qualified for an executive officer of a biological resource corporation: <Amended on Nov. 26, 2019>
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act.
2. A person for whom three years have yet to elapse from the date his or her instructor's certificate of qualification has been revoked in accordance with paragraph (4).
(2) Where an executive officer falls under any of the subparagraphs of paragraph (1) or is found to satisfy any of such subparagraphs at the time of appointment, resignation from office shall be mandated.
(3) No activity, in which executive officers retired under paragraph (2) participated before such they retire, shall lose its effects.
(4) Where the president falls under any of the following, the Minister of Climate, Energy and Environment may dismiss him or her from office, and where a standing director falls under any of subparagraphs 1 through 3, the Minister of Climate, Energy and Environment may recommend the president to dismiss him or her: <Amended on Nov. 26, 2019; Oct. 1, 2025>
1. Where it has violated this Act or any order issued under this Act or the Articles of association;
2. Where he or she disrupts the management of the biological resource institute corporation by accounting fraud, intentional or gross negligence;
3. Where performance of his or her duties becomes highly impracticable or impossible due to mental or physical disorder;
4. Where performance is poor according to the operation evaluation pursuant to Article 24(1).
[Moved from Article 7; previous Article 11 moved to Article 15 <Nov. 26, 2019>]
Article 12(Restriction on concurrent offices of executive officers and employees) #
(1) No standing officer or employee of a biological resource institute corporation shall engage in any profit-making business, other than within the scope of their duties. <Amended on Nov. 26, 2019>
(2) Where the standing director of a biological resource institute corporation obtains permission from the Minister of Climate, Energy and Environment and the employee of a biological resource institute corporation obtains permission from the president, he or she may concurrently conduct affairs for non-profit purpose. <Amended on Nov. 26, 2019; Oct. 1, 2025>
[Moved from Article 8; previous Article 12 moved to Article 16 <Nov. 26, 2019>]
Article 13(Board of directors) #
(1) A biological resource institute corporation shall have the board of directors for deliberation and resolution on the following matters: <Amended on Nov. 26, 2019>
1. Matters concerning its budget and settlement of accounts;
2. Matters on acquisition, disposal and management of significant property prescribed in the Articles of incorporation;
3. Matters concerning the establishment and abolition of affiliated institutes and major organizations determined by the Articles of incorporation;
4. Matters concerning mid-term and long-term plans for operation and development of biological resource institute corporation;
5. Matters relating to revisions to the Articles of association;
6. Matters concerning the enactment, amendment and repeal of regulations prescribed by the Articles of incorporation;
7. Matters relating to a project plan;
8. Other matters for which resolution is deemed necessary by the board of directors;
9. Other matters that the president or the board of directors deems necessary to deliberate and resolve.
(2) The board of directors shall consist of directors including the president.
(3) The president shall convene meetings of the board of directors and preside over such meetings.
(4) Except as otherwise provided for in this Act and the Articles of incorporation, a majority of directors shall constitute a quorum at meetings of the board of directors, and any decision thereof shall require the concurring vote of a majority of those present.
(5) Where necessary in connection with his or her duties, an auditor may attend a meeting of the board of directors and state his or her opinions.
[Moved from Article 9; previous Article 13 moved to Article 17 <Nov. 26, 2019>]
Article 14(Establishment of affiliated institutes) #
A biological resource institute corporation may, if necessary, establish an affiliated institute through a resolution of the board of directors, as prescribed by the Articles of incorporation. <Amended on Nov. 26, 2019>
[Moved from Article 10; previous Article 14 moved to Article 18 <Nov. 26, 2019>]
Article 15(Appointment of agents) #
The president may appoint an agent from among executive officers or employees who has the authority to perform all acts on the basis of judgment or other than the jurisdiction in relation to the affairs of the biological resource institute corporation to which he or she belongs. <Amended on Nov. 26, 2019>
[Moved from Article 11; previous Article 15 moved to Article 19 <Nov. 26, 2019>]
Article 16(Operational resources) #
A biological resource institute corporation shall be operated with the following financial resources: <Amended on Nov. 26, 2019>
1. Contributions or subsidies under Article 17;
2. Donated money and valuable goods under Article 18;
3. Loans borrowed pursuant to Article 19;
4. Profits under Article 20;
5. Other revenues.
[Moved from Article 12; previous Article 16 moved to Article 20 <Nov. 26, 2019>]
Article 17(Contribution or subsidization) #
The State may contribute or subsidize within the budget to cover expenses incurred in the business and operation of a biological resource institute corporation, including personnel expenses, project expenses, facility expenses, etc. <Amended on Nov. 26, 2019>
[Moved from Article 13; previous Article 17 moved to Article 21 <Nov. 26, 2019>]
Article 17-2(Gratuitous use of State or public property) #
Where deemed necessary to establish and operate a biological resource institute corporation, the State or a local government may allow a biological resource institute corporation to use or profit from national or public property without compensation, as prescribed by Presidential Decree, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
[This Article Added on Nov. 26, 2019]
Article 18(Receipt of donations) #
(1) Notwithstanding the main sentence of Article 5(2) of the Act on Collection and Use of Donations, a biological resource institute corporation may accept money and goods voluntarily donated, to the extent that such donations are fit for its business purposes. <Amended on Nov. 26, 2019>
(2) Such details as the procedure of receiving donations under paragraph (1) and others shall be prescribed by Presidential Decree.
(3) A biological resource institute corporation shall manage donations accepted under paragraph (1) in separate accounts. <Amended on Nov. 26, 2019>
[Moved from Article 14; previous Article 18 moved to Article 22 <Nov. 26, 2019>]
Article 19(Loans) #
Where deemed necessary for performing projects, a biological resources institute corporation may borrow funds upon obtaining approval therefor from the Minister of Climate, Energy and Environment. <Amended on Nov. 26, 2013; Oct. 1, 2025>
[Moved from Article 15; previous Article 19 moved to Article 23 <Nov. 26, 2019>]
Article 20(Profit-making business) #
(1) A biological resource institute corporation may conduct profit-making business within the scope not interfering with the performance of business referred to in Article 5, as prescribed by Presidential Decree. <Amended on Nov. 26, 2019>
(2) Profits accruing from the for-profit business referred to in paragraph (1) shall be appropriated for the operational funds of the biological resource institute corporation. <Amended on Nov. 26, 2019>
[Moved from Article 16; previous Article 20 moved to Article 24 <Nov. 26, 2019>]
Article 21(Business year) #
Each business year of a biological resources institute corporation shall coincide with each fiscal year of the Government. <Amended on Nov. 26, 2019>
[Moved from Article 17; previous Article 21 moved to Article 25 <Nov. 26, 2019>]
Article 22(Submission of project plans and reporting of business affairs) #
(1) The president shall, as prescribed by Presidential Decree, prepare a project plan and budget bill; undergo the review of the President of the National Institute of Biological Resources; and obtain approval therefor from the Minister of the Environment before each business year commences. The same shall apply, where modifying such project plan and budget bill. <Amended on Nov. 26, 2019; Oct. 1, 2025>
(2) The president shall submit a report stating the business performance of each fiscal year to the Minister of Climate, Energy and Environment, and a settlement statement of revenues and expenditures approved by the board of directors after undergoing an accounting audit by a certified public accountant (including an accounting corporation under Article 23 of the Certified Public Accountant Act), as prescribed by Presidential Decree, within two months after the end of each fiscal year. <Amended on Oct. 1, 2025>
(3) The president shall report to the Minister of Climate, Energy and Environment on the matters prescribed by Presidential Decree, such as the matters of promotion, etc., and notify the head of the National Institute of Biological Resources thereof. <Amended on Nov. 26, 2019; Oct. 1, 2025>
[Moved from Article 18; previous Article 22 moved to Article 26 <Nov. 26, 2019>]
Article 23(Disposal of surplus) #
A biological resource institute corporation shall first allocate surplus funds available at the end of each fiscal year to pay debts and then carry forward any other remaining surplus to the following fiscal year or use such remaining to conduct its projects. <Amended on Nov. 26, 2019>
[Moved from Article 19; previous Article 23 moved to Article 27 <Nov. 26, 2019>]
Article 24(Evaluation of operation and guidance) #
(1) The Minister of Climate, Energy and Environment shall evaluate the operation of biological resource institute corporations, as prescribed by Presidential Decree, and take necessary measures in accordance with the results thereof. <Amended on Nov. 26, 2019; Oct. 1, 2025>
(2) The standards for the evaluation of operation under paragraph (1) shall include the management status of a biological resource institute corporation, the outcomes of related investigation and research activities, public services, etc. <Amended on Nov. 26, 2019>
(3) Matters necessary for procedures for inspection of appropriateness, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[Moved from Article 20; previous Article 24 moved to Article 28 <Nov. 26, 2019>]
Article 25(Access and inspection) #
(1) The Minister of Climate, Energy and Environment may require public officials under his or her control to enter a biological resource institute corporation and inspect its affairs, accounting and asset status, or order a biological resource institute corporation to submit necessary data. <Amended on Nov. 26, 2019; Oct. 1, 2025>
(2) Where the Minister of Climate, Energy and Environment recognizes it necessary as a result of reporting or inspection under paragraph (1), the Minister may order the biological resource institute corporation to make corrections or take other necessary measures. <Amended on Nov. 26, 2019; Oct. 1, 2025>
[Moved from Article 21; previous Article 25 moved to Article 29 <Nov. 26, 2019>]
Article 26(Collaboration in business and conclusion of agreements) #
(1) A biological resource institute corporation may cooperate with domestic and foreign universities, research institutes, etc. to efficiently promote survey, research, education, and exhibition activities. <Amended on Nov. 26, 2019>
(2) If necessary for performing projects under Article 5, the president may enter into agreements with domestic and foreign universities, research institutes, etc., on projects to support human resources and research. <Amended on Nov. 26, 2019>
[Moved from Article 22; previous Article 26 moved to Article 30 <Nov. 26, 2019>]
Article 27(Dispatch of public officials) #
(1) If necessary to perform his or her duties, the president may request State agencies, local governments, public institutions, educational institutions, or research institutes (hereinafter referred to as "public institutions, etc."), to dispatch human resources via the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(2) The heads of public institution, etc. in receipt of a request under paragraph (1), may dispatch their employees.
(3) No person dispatched to a biological resource institute corporation pursuant to paragraph (2) shall suffer any disadvantage in his or her status, such as personnel affairs, remuneration, etc. on the ground of such dispatch. <Amended on Nov. 26, 2019>
[Moved from Article 23; previous Article 27 moved to Article 31 <Nov. 26, 2019>]
Article 28(Confidentiality obligation) #
No executive officer or employee of a biological resource institute corporation or a person who is or was dispatched to a biological resource institute corporation pursuant to Article 27 shall divulge or misappropriate any confidential information learned in the course of performing his or her duties. <Amended on Nov. 26, 2019>
[Moved from Article 24; previous Article 28 moved to Article 32 <Nov. 26, 2019>]
Article 29(Prohibition of use of similar names) #
No person who is not a biological resource institute corporation under this Act shall use the name of a biological resource institute corporation or any other similar name. <Amended on Nov. 26, 2019>
[Moved from Article 25; previous Article 29 moved to Article 33 <Nov. 26, 2019>]
Article 30(Mutatis mutandis application of the Civil Act) #
Except as provided in this Act, the provisions concerning juristic foundation under the Civil Act shall apply mutatis mutandis to a biological resource institute corporation.
[Moved from Article 26 <Nov. 26, 2019>]
Article 31(Legal fiction as public officials for purposes of applying penalty provisions) #
Executive officers and employees (including persons who are not public officials, among persons dispatched to a biological resource institute corporation pursuant to Article 27) of a biological resource institute corporation shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Nov. 26, 2019>
[Moved from Article 27 <Nov. 26, 2019>]
Article 32(Penalty provisions) #
A person who divulges or misappropriate confidential information that he or she has become aware of in the course of performing his or her duties, in violation of Article 28, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on Nov. 26, 2019>
[Moved from Article 28 <Nov. 26, 2019>]
Article 33(Administrative fine) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Nov. 26, 2019>
1. Where it rejects, interferes with, or evades any inspection conducted under Article 25(1), fails to file a report, or files a false report;
2. A person who uses the name of a biological resources institute corporation or similar thereto, in violation of Article 29.
(2) The Minister of Climate, Energy and Environment shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
[Moved from Article 29 <Nov. 26, 2019>]