Article 1(Purpose) #
The purpose of this Decree is to prescribe the matters mandated by the Elevator Industry Promotion Act and matters necessary for the enforcement thereof.
Article 2(Consultation on formulation of master plan) #
Where necessary to formulate a comprehensive plan for promoting the elevator industry (hereinafter referred to as "master plan") under Article 4 (1) of the Elevator Industry Promotion Act (hereinafter referred to as the "Act"), the Minister of the Interior and Safety may consult thereon with the heads of relevant central administrative agencies.
Article 3(Details of action plan) #
A detailed action plan for promoting the elevator industry under Article 5 (1) of the Act (hereinafter referred to as "action plan") shall include the following:
1. Evaluation of performance of the previous year's action plan and matters requiring improvement;
2. Promotion direction of the elevator industry for the relevant year;
3. Promotion plans and investment plans for each major project;
4. Matters regarding financial support, etc. under Article 14 of the Act;
5. Other matters necessary for the implementation of the master plan.
Article 4(Scope and method of fact-finding survey) #
(1) The scope of a fact-finding survey on the elevator industry referred to in Article 7 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be as follows:
1. Trends of domestic and international markets of the elevator industry;
2. Orders and sales status of the elevator industry by sector (referring to development, manufacture, production, distribution, installation, maintenance, relevant services, and import; hereafter in this Article the same shall apply);
3. Status of elevator business operators and employees by sector;
4. Status of research and development related to the elevator industry at home and abroad;
5. Status of training and education of specialized human resources;
6. Status of projects to support the promotion of the elevator industry by public and private institutions;
7. Other matters necessary for the formulation and implementation of a master plan and an action plan.
(2) Before conducting a fact-finding survey, the Minister of the Interior and Safety shall determine the standards for selecting persons subject to the survey and inform them of a survey plan including the date, time, purpose, details, etc.
(3) Before formulating a survey plan under paragraph (2), the Minister of the Interior and Safety shall consult thereon with the heads of relevant central administrative agencies.
(4) The Minister of the Interior and Safety may use electronic means, such as information and communications networks and e-mails, to efficiently conduct a fact-finding survey.
(5) The Minister of the Interior and Safety shall publish the results of a fact-finding survey.
Article 5(Establishment, operation and use of elevator industry information system) #
(1) The Minister of the Interior and Safety may perform the following business affairs for the efficient establishment, operation and use of the elevator industry information system under Article 8 (1) of the Act (hereinafter referred to as "information system"):
1. Research and development on the establishment and operation of the information system;
2. Standardizing and upgrading the information system;
3. Facilitation of joint use of information, data, etc. (hereinafter referred to as "information, etc.") by using the information system;
4. Connection and cooperation with institutions or organizations that have information, etc. related to the elevator industry and conduct of joint projects with such institutions or organizations;
5. Other matters necessary for the efficient establishment, operation, and use of the information system.
(2) The Minister of the Interior and Safety may provide information, etc. related to the elevator industry, including the matters referred to in the subparagraphs of Article 8 (2) of the Act, to elevator business operators, etc. through the information system for their use; provided, he or she may place restrictions on the types and contents of the information, etc. to be provided in any of the following cases:
1. Where necessary for the protection of personal information;
2. Where deemed to be an infringement on national interests;
3. Where necessary for the efficient use of the information system.
Article 6(Institutions subject to agreement on research and development projects) #
(1) "Institutions or organizations prescribed by Presidential Decree" in Article 9 (2) of the Act means the following institutions or organizations (hereinafter referred to as "institutions subject to agreement"):
1. National or public research institutes;
2. Schools prescribed in Article 2 of the Higher Education Act;
3. Professional research business entities that have reported under Article 6 (1) of the Research Industry Promotion Act;
4. Business-affiliated research institutes and departments solely responsible for research and development recognized under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
5. Corporate research institutes established under the Civil Act or other statutes;
6. Industrial technology research cooperatives established under the Industrial Technology Research Cooperatives Support Act;
7. Government-funded research institutes established under the Establishment, Operation and Fostering of Government-Funded Research Institutes;
8. Government-funded science and technology research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
9. Specific research institutes under the Specific Research Institutes Support Act;
10. The Korea Elevator Safety Agency under Article 55 of the Elevator Safety Management Act (hereinafter referred to as the "Agency");
11. Small and medium enterprise cooperatives under Article 3 of the Small and Enterprise Cooperatives Act;
12. The Association of Elevator Business Operators established pursuant to Article 15 of the Elevator Industry Promotion Act (hereinafter referred to as the "Association");
13. Other corporations in the elevator industry established under the Civil Act or other statutes.
(2) Where the Minister of the Interior and Safety intends to enter into an agreement pursuant to Article 9 (2) of the Act to implement a project specified in any subparagraph of Article 9 (1) of the Act, he or she shall sign an agreement on the implementation of the relevant project with an institution or organization to be in charge of the implementation of the relevant project (hereinafter referred to as "project managing entity"), from among institutions subject to agreement. In such cases, the Minister of the Interior and Safety may conclude an agreement with two or more project managing entities and have them jointly implement the relevant project.
Article 7(Payment of contributions, etc. and contracts) #
(1) Contributions from the Government or any person other than the Government under Article 9 (3) of the Act shall be paid in installments; provided, if it is deemed necessary in consideration of the scale, timing of commencement, etc. of an agreed project, it may be paid in lump sum.
(2) Where the expenses associated with an agreed project are fully or partially covered by the technology development expenses of relevant enterprises, such as elevator business operators under Article 9 (3) of the Act, the head of the project managing entity shall conclude an investment contract or a research contract with the relevant enterprises, such as the elevator business operators, beforehand.
Article 8(Management and use of contributions, etc.) #
(1) Upon receipt of contributions, etc. under Article 9 (3) of the Act, the head of a project managing entity shall establish and manage a separate account.
(2) The head of a project managing entity shall use contributions, etc. for the following expenses, as determined and publicly notified by the Minister of the Interior and Safety:
1. Personnel expenses of researchers;
2. Direct expenses: Expenses for research equipment and facilities, materials, computer processing and management, prototype manufacturing, travel, accommodation and fees, technical information activities, and research activities;
3. Entrusted research and development expenses;
4. Indirect expenses: Indirect costs, R&D reserves, IPR application and registration fees, expenses for scientific and cultural activities, laboratory safety management costs.
(3) The head of the project managing entity shall report the results of use of contributions, etc. to the Minister of the Interior and Safety within 90 days after the expiration of the agreement period, accompanied by the following documents:
1. A report on plans for use of contributions, etc. and results of execution;
2. Documents related to the execution of contributions, etc. determined and publicly notified by the Minister of the Interior and Safety, such as accounting audit opinions, etc.
(4) Where requested by an elevator business operator, etc., the head of the project managing entity for a project under Article 9 (1) 3 of the Act among agreed projects may allow the research outcomes of the agreed project to be used for the production process, etc. of the elevator business operator, etc. In such cases, where the use leads to such effects as cost reduction or quality improvement, royalties referred to in Article 6 (3) 8 may be collected from the user.
(5) Where the head of the project managing entity collects royalties pursuant to paragraph (4), he or she shall report such fact to the Minister of the Interior and Safety within 30 days from the date of collection.
(6) The head of the project managing entity shall use the royalties collected pursuant to paragraph (4) for the purpose of the agreed project as determined and publicly notified by the Minister of the Interior and Safety, and shall report the results of use for the relevant year to the Minister of the Interior and Safety each year.
Article 9(Support for international cooperation and overseas expansion) #
The Minister of the Interior and Safety may collect and manage the following information, etc. and provide them to elevator business operators, etc. in order to promote projects under Article 11 (1) of the Act:
1. Information, etc. on the elevator industry for overseas expansion;
2. Information, etc. on human resources specialized in the elevator industry for overseas expansion;
3. Information, etc. on cooperation with companies and institutions operating overseas;
4. Information, etc. on overseas PR activities, holding and participating in international seminars;
5. Information, etc. on international standardization of elevators;
6. Information, etc. on export guarantees necessary for overseas expansion;
7. Information, etc. to support academic, writing, and research activities related to the elevator industry at home and abroad;
8. Other information, etc. deemed by the Minister of the Interior and Safety as necessary to support international cooperation and overseas expansion.
Article 10(Scope of persons eligible for financial support) #
Persons eligible for financial support or other necessary support for the development of the elevator industry under Article 14 of the Act shall be as follows:
1. An elevator business operator;
2. A project managing entity;
3. Participants in pilot projects under Article 12 of the Act.
Article 11(Matters to be entered in articles of association) #
The articles of association of the Association shall include the following:
1. Objective;
2. Name;
3. Location of its main office;
4. Details of business;
5. Qualifications of members;
6. Number, terms of office, and election methods of executive officers;
7. Composition of general meetings and matters to be resolved;
8. Composition of the board of directors and matters to be resolved;
9. Matters regarding assets and accounting;
10. Procedures for amending the articles of association.
Article 12(Supervision over Association) #
The Association shall submit its business plan and budgetary bill on revenues and expenditures to the Minister of the Interior and Safety before each fiscal year begins.
Article 13(Number of elevator business operators whose consent is required for establishment of Association) #
"Number ... prescribed by Presidential Decree" in Article 16 (1) of the Act means 1/5 of elevator business operators qualified as members.
Article 14(Entrustment of business affairs) #
(1) "Corporation or organization prescribed by Presidential Decree" in Article 19 (1) of the Act means a corporation or organization publicly notified by the Minister of the Interior and Safety from among corporations or organizations deemed to have expertise in the elevator industry.
(2) Pursuant to Article 78 (3) of the Act, the Minister of the Interior and Safety may entrust the Association, Agency, or a corporation or organization referred to in paragraph (1) with the following business affairs:
1. Fact-finding surveys under Article 7 of the Act;
2. Establishment, operation and use of the information system under Article 8 of the Act;
3. Activities for promotion of the elevator industry;
4. Projects for international cooperation and overseas expansion under Article 11 of the Act;
5. Pilot projects under Article 12 of the Act;
6. Organization and operation of the Elevator Industry Development Council under Article 18 of the Act.
(3) Where the Minister of the Interior and Safety entrusts business affairs pursuant to paragraph (2), he or she shall give public notice of a person entrusted therewith and details of the entrusted business affairs in the Official Gazette.
Article 15(Processing of personally identifiable information) #
(1) The Minister of the Interior and Safety (including persons entrusted with the business affairs of the Minister of the Interior and Safety pursuant to Article 19 of the Act) may manage data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of that Article, if it is inevitable to perform the following:
1. Administrative affairs regarding fact-finding surveys under Article 7 of the Act;
2. Administrative affairs regarding the establishment, operation and use of the information system under Article 8 of the Act;
3. Administrative affairs regarding holding exhibitions, competitions, works exhibitions, and other events under Article 10 of the Act;
4. Administrative affairs regarding support for international cooperation and overseas expansion under Article 11 of the Act;
5. Administrative affairs regarding awards and prizes under Article 13 of the Act;
6. Administrative affairs regarding the establishment of the Association and authorization therefor under Articles 15 and 16 of the Act;
7. Administrative affairs regarding the organization and operation of the Elevator Industry Development Council under Article 18 of the Act.
(2) The Association may manage data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of that Article, if it is inevitable to perform the administrative affairs regarding verification and reporting under Article 17 (3) of the Act.