CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the development of communities and the State by training creative industrial human resources meeting the needs of the industrial world, by setting up an efficient research and development system, and by developing, spreading, diffusing, and commercializing new knowledge and technologies necessary for the growth of industries based on linkage between education and research through the promotion of industrial education and the acceleration of industry-academia-research cooperation. <Amended by Act No. 10907, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 2 (Definitions) |
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The definitions of the terms used in this Act shall be as follows:
| 1. |
The term "industrial education" means education provided by an industrial educational institution referred to in subparagraph 2, which leads its students acquire the knowledge, technology, etc. necessary to engage in industries: |
| (a) |
through (c) Deleted. <by Act No. 10907, Jul. 25, 2011> |
| 2. |
The term "industrial educational institution" means a school providing industrial education; |
| (a) |
High schools and technical high schools, the objective of which is to provide education in relation to the demands of industries or to train experts in particular fields, which are prescribed by Presidential Decree; |
| (b) |
Specialized schools which provide specialized curriculum in occupation or career development and occupational education; |
(C) Universities (referring to schools under the subparagraphs of Article 2 of the Higher Education Act and institutions prescribed by Presidential Decree from among other higher educational institutions established under other Acts; hereinafter the same shall apply);
| 4. |
The term "industrial advice" means that an industrial teacher provides advice to an industrial enterprise, a business operators' organization and a functional organization (hereinafter referred to as "industrial enterprise, etc.") with respect to the management of an industrial enterprise or the improvement and development, etc. of industrial technologies; |
| 5. |
The term "research institute" means any of the following: |
| (b) |
National and public research institutes; |
| (d) |
Research institutions established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| (f) |
Other research institutes meeting the standards prescribed by Presidential Decree from among those which are corporations established under the Civil Act or other Acts. |
| 6. |
The term "industry-academia-research cooperation" means activities under the following items being performed by industrial educational institutions, the State, local governments, government-invested research institutes, and industrial enterprises, etc. in cooperation with one another: |
| (a) |
Training of human resources meeting the demand of industrial enterprises and of future industrial development; |
| (b) |
Research, development, and commercialization for the creation and diffusion of new knowledge and technologies; and |
| (c) |
Transfer of technologies to industrial enterprises, etc. and industrial advice, etc.; |
| (d) |
Joint use, etc. of tangible and intangible resources held by the institutions, such as human resources, facilities, equipment, research and development information. |
| 7. |
The term "faculty researcher" means a person who is recognized to educate and research both in a university and in a research institute according to an agreement between the university and the research institute; |
| 8. |
The term "technology holding company based on industry-academia-research cooperation" (hereinafter referred to as "technology holding company") means a company which controls another company through the possession of stocks thereof (including stakes; hereinafter the same shall apply), controlling such company for the purposes of commercialization of the technology prescribed by Presidential Decree being possessed by an industry-academic cooperation foundation under Article 25; and |
| 9. |
The term "subsidiary company" means a company, as a company established based on the technologies of a university or research institute the substantial business of which is controlled by a technology holding company. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 3 (Guidance of Students in Courses) |
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| (1) |
The State and local governments shall take measures for and implement the guidance of students in their courses so that such students may obtain the industrial education suitable for their individual aptitude and ability. |
| (2) |
The matters to be included in measures concerning the guidance of students in their courses under paragraph (1) and the matters necessary for taking such measure and implementation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 4 (Duties of State and Local Governments) |
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| (1) |
The State shall perform affairs concerning the matters of the following subparagraphs for the promotion of industrial education and the acceleration of industry-academia-research cooperation: <Amended by Act No. 10907, Jul. 25, 2011> |
| 1. |
Formulation and implementation of comprehensive plans for the advancement of industrial education; |
| 2. |
Establishment and management of industrial educational institutions; |
| 3. |
Expansion and maintenance of facilities and equipment necessary for industrial education; |
| 4. |
Formulation and implementation of field practice programs necessary for industrial education; |
| 5. |
Formulation and implementation of study and training programs for industrial teachers; |
| 6. |
Formulation and implementation of plans for placement service for the graduates of industrial educational institutions and for education for the improvement of their skills; |
| 7. |
Formation and implementation of policy measures for the advancement of industry-academia-research cooperation; and |
| 8. |
Other matters necessary for the promotion of industrial education and the acceleration of industry-academia-research cooperation. |
| (2) |
The following matters shall be included in policy measures for the advancement of industry-academia-research cooperation: <Newly Inserted by Act No. 10907, Jul. 25, 2011> |
Medium- and long-term policies and fundamental directions for promotion of industry-academia-research cooperation:
Nurturing and utilization of human resources in industries;
Facilitation of mobility among industry, academia, and research institutes;
Promotion of collaborative research;
Promotion of transfer of technologies and commercialization;
Joint use of research facilities and equipment, support for the exchange of research and development information, and other similar cooperation among industry, academia, and research institutes;
| (3) |
A local government shall formulate a detailed action plan necessary for performing the affairs referred to in the subparagraphs of paragraph (1) and implement them in its jurisdictions. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Aug. 3, 2007]
CHAPTER II PROMOTION OF INDUSTRIAL EDUCATION
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| Article 5 Deleted.<by Act No. 5316, Mar. 27, 1997> |
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| Article 6 (Establishment and Operation of Short-Term Industrial Educational Facilities) |
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| (1) |
The State and local governments may establish and operate shortterm industrial educational facilities for the education of persons who work or intend to work with the industrial enterprises, etc. |
| (2) |
Matters necessary for the establishment and operation of short-term industrial educational facilities as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Aug. 3, 2007]
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| Article 7 (Establishment and Provision of Special Courses) |
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The head of an industrial educational institution may establish and provide a special course in the industrial educational institution, if he/she deems it necessary to provide students with professional industrial education for a specific industrial field to prepare for the development of industrial technologies and the high development of industry.
[This Article Wholly Amended by Act No. 8708, Aug. 3, 2007]
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| Article 8 (Establishment and Provision of Vocational Education and Training Courses, etc. by Agreement) |
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| (1) |
An industrial educational institution may establish and operate vocational education and training curricula or departments by educational district, among the industrial educational institutions or by individual industrial educational institution by agreement with the State, local governments or industrial enterprises, etc. in case of any of the following subparagraphs. In such cases, when it is necessary to establish new departments or faculties, the existing departments and faculties or similar departments and faculties shall be utilized preferentially above others: |
| 1. |
In cases where the State, local governments or industrial enterprises, etc. require the operation of special curricula by agreement on support of school expenses on condition of employment; and |
| 2. |
In cases where the State, local governments or industrial enterprises, etc. request the education for reeducation, enhancement of vocational ability or education for relocation with payment of the whole or part of such expenses. |
| (2) |
Establishment and operation of vocational education and training courses, etc., methods for selection of students, quotas, school payment and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 9 (Industrial Advice, etc.) |
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| (1) |
An industrial teacher may give industrial advice in consultation with the head of an industrial enterprise, etc. in the field of or in a field related to his/her major. |
| (2) |
The head of an industrial enterprise, etc. who requires industrial advice may request the head of an industrial educational institution or an industrial teacher to provide such industrial advice. In such cases, the head of the industrial educational institution or the industrial teacher whose industrial advice has been requested shall provide industrial advice unless he/she has any special reason. |
| (3) |
An industrial teacher or the head of an industrial enterprise, etc. may use the research instruments, in consultation with each other, of an industrial educational institution or an industrial enterprise, etc., when it is necessary to use them, for the improvement and development of industrial technologies. |
| (4) |
Matters necessary for the industrial advice and use of research instruments shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 10 (Securing of Facilities for Experimentation and Practice) |
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| (1) |
The founder and manager of each industrial educational institution shall provide itself with the facilities and equipment necessary for experimentation and practice for industrial education in the industrial educational institution he/she have established and manages, and shall maintain such facilities and equipment. |
| (2) |
Standards for the facilities and equipment to be provided under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 11 (Special Consideration for Experimentation and Practice Expenses) |
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The State and local governments shall give special consideration when compiling and allocating the budget for the experimentation and practice in the industrial educational institutions they have established and manage so that industrial education may be effectively encouraged.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 11-2 (Nurturing of Industrial Technical Human Resources) |
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| (1) |
The Minister of Education, Science and Technology may formulate and implement the following policy measures to nurture industrial technical human resources: |
| 1. |
Establishment of a system to nurture technical human resources that satisfiess the demands of enterprises; |
| 2. |
Nurturing of excellent human resources through the activation of industry-academia-research cooperations; |
| 3. |
Support for the restructuring of education for the promotion of industry-academia-research cooperation; |
| 4. |
Nurturing of technical human resources in the future promising fields related to industrial technology; |
| 5. |
Nurturing of technical human resources who can guide their region's growth; |
| 6. |
Reeducation of technical human resources; |
| 7. |
Promotion of supply of technical human resources to small and medium businesses; |
| 8. |
Nurturing of female technical human resources and motiviating them to enter into industrial and technological fields; |
| 9. |
Other matters relating to the nurturing of industrial technical human resources, as prescribed by Presidential Decree. |
| (2) |
The State and local governments may contribute or support all or part of expenses incurred when a research institute, a university, or any other institution or organization prescribed by Presidential Decree conducts a project in order to implement policy measures referred to in paragraph (1). |
[This Article Wholly Inserted by Act No. 10907, Jul. 25, 2011]
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| Article 12 (Qualifications, Quotas and Remuneration for Industrial Teachers) |
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The State and local governments shall take special measures for qualifications, quotas and remuneration for industrial teachers in the light of specialty and importance of industrial education.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 12-2 (Evaluation and Reflection of Outcomes in Industry-Academia-Research Cooperation) |
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The head of an industrial educational institution shall take necessary measures so that the record of an industrial teacher participating in industry-academia-research cooperation and the results therefrom may be evaluated and reflected properly in his/her evaluation, promotion, remuneration, etc. <Amended by Act No. 10907, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 13 (Supply of New Instruments, etc.) |
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| (1) |
In cases where new instruments or new technologies (including newly developed software; hereafter the same shall apply in this Article) of which function has been remarkably enhanced through the application of new principles or the combination of technologies, etc. according to the development of technologies or innovation, have been developed or manufactured, the State and local governments shall take measures to preferentially supply them to industrial educational institutions for teaching and learning and implement such measures. |
| (2) |
The industrial enterprises, etc. which have developed the new instruments and new technologies under paragraph (1) shall endeavor to supply such new instruments and new technologies preferentially to the industrial educational institutions. |
| (3) |
Matters necessary for the affairs, etc of preferential supply of new instruments and new technologies under paragraphs (1) and (2) to industrial educational institutions shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 14 Deleted.<Amended by Act No. 10082, Mar. 17, 2010> |
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| Articles 15 through 17 Deleted.<by Act No. 5316, Mar. 27, 1997> |
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CHAPTER IV CHARGE TO THE STATE AND LOCAL GOVERNMENTS
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| Article 18 (Charge of Installation Expenses of Facilities for Experimentation and Practice, etc.) |
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| (1) |
The State and local governments shall bear the expenses, within the extent of budget, for securing and maintaining the facilities and equipment necessary for experimentation and practice at industrial educational institutions they have established and manage. |
| (2) |
The State shall subsidize the whole or part of the expenses local governments bear under paragraph (1) as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 19 (Charge of Operating Expenses of Facilities for Experimentation and Practice) |
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| (1) |
The State and local governments shall bear, within the extent of budget, the operating expenses of the facilities for experimentation and practice and the expenses necessary for experimentation and practice of the industrial educational institutions they have established and manage. |
| (2) |
The State shall subsidize the whole or part of the expenses local governments bear under paragraph (1) as prescribed by Presidential Decree. |
| (3) |
The State may subsidize, within the extent of budget, the whole or part of the expenses necessary for in-service training of industrial teachers provided by the local governments. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 20 (Subsidizing Installation Expenses of Private Schools) |
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| (1) |
The State and local governments may subsidize part of the expenses incurred in the installation of facilities and equipment for experimentation and practice and the expenses incurred in experimentation and practice for industrial education by private industrial educational institutions. |
| (2) |
Matters necessary for the basis of payment of subsidies, etc. as referred to in paragraph (1) shall be prescribed by Presidential Decree in cases where the State subsidizes, and shall be prescribed by Municipal Ordinance of the competent local government in cases where a local government subsidizes. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 21 Deleted.<by Act No. 5316, Mar. 27, 1997> |
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| Article 22 (Development of Curricula and Publication of Textbooks, etc.) |
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| (1) |
The State shall take special measures for promotion of industrial education, as prescribed by Presidential Decree, concerning the development of curricula for industrial education and the compilation, authorization, approval and publication of textbooks. |
| (2) |
The State may subsidize part of the expenses incurred in the development of curricula for industrial education and the publication of textbooks under paragraph (1) within the extent of budget. |
| (3) |
Matters necessary for the basis of payment of subsidies, etc. referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 22-2 (Financial Support for Evaluation and Certification of Curricula) |
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The State and local governments may furnish financial support to an academy or organization, etc. evaluating and certifying the industrial education curricula managed by an industrial educational institution.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 23 (Payment of Scholarships) |
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| (1) |
The State and local governments may award scholarships to students attending industrial educational institutions. |
| (2) |
Matters necessary for the basis of payment of scholarships, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
CHAPTER V PROMOTION OF INDUSTRY- ACADEMIA-RESEARCH COOPERATION
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| Article 24 (Agreement on Industry-Academia-Research Cooperation) |
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| (1) |
The head of an industrial educational institution may conclude agreements on industry-academic cooperation (hereinafter referred to as "industry-academia-research cooperation agreement") with the State, local governments, government-funded research institutes, industrial enterprises, etc. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
In cases where an industry-academia-research cooperation foundation has been established under Article 25, the director of an industry-academic cooperation foundation may, notwithstanding paragraph (1), enter into an industry-academia-research cooperation agreement. In such cases, it is deemed that the director of an industry-academic cooperation foundation has been delegated the authority of the head of an industrial educational institution concerning the industry-academia-research cooperation agreement. <Amended by Act No. 10907, Jul. 25, 2011> |
| (3) |
Matters in the following subparagraphs shall be included in agreements under paragraph (1): |
| 1. |
Matters concerning the bearing of expenses for the implementation of such agreement or compensation for the expenses; and |
| 2. |
Matters concerning the possession and distribution of results from the implementation of such agreements. |
| (4) |
It shall be deemed that an industry-academia-research cooperation agreement concluded by the president or the founder and manager of a university, at the time an industry-academic cooperation foundation was established, has been concluded by the director of an industry-academic cooperation foundation. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 25 (Establishment and Management of Industry-Academic Cooperation Foundation) |
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| (1) |
A university may establish an organization to be in charge of the affairs for industry-academia-research cooperation (hereinafter referred to as the "industry-academic cooperation foundation") prescribed by the school regulations. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
Each industry-academic cooperation foundation shall be a juristic person. |
| (3) |
Each industry-academic cooperation foundation shall be realized with the registration of establishment at the seat of its main office as prescribed by Presidential Decree. |
| (4) |
The name of the school concerned shall be indicated in the name of an industry-academic cooperation foundation. |
| (5) |
In cases where an industry-academic cooperation foundation is dissolved, its residual assets shall revert to the founder and manager of the school concerned. In such cases, the residual assets that revert to the school juristic person shall be deposited in the school expense account under Article 29 (2) of the Private School Act. |
| (6) |
Articles 34 through 36, 50 through 52, 53, 54, 55 (1), 59 (2), 61, 65, and 81 through 95 of the Civil Act shall apply mutatis mutandis to the capacity, address, registration, list of assets, directors, dissolution and liquidation of an industry-academic cooperation foundation and Articles 59 (2), 61 and 65 of the same Act shall apply mutatis mutandis to the liquidator of an industry-academic cooperation foundation. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 26 (Articles of Association) |
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The president of a university shall, if he/she intends to establish an industry-academic cooperation foundation, draft the articles of association in which the matters of the following subparagraphs are included:
| 4. |
Matters concerning the affairs and the performance thereof; |
| 5. |
Matters concerning the assets and accounting; |
| 6. |
Matters concerning the establishment of infrastructure; |
| 7. |
Matters concerning the appointment and dismissal of the director, researchers, and staff; |
| 8. |
Matters concerning agency on behalf of the director; |
| 9. |
Matters concerning the modification of the articles of association; |
| 10. |
Matters concerning the dissolution; and |
| 11. |
Matters concerning the method of public notification. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 27 (Affairs of Industry-Academic Cooperation Foundation) |
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| (1) |
An industry-academic cooperation foundation shall perform the affairs of the following subparagraphs: <Amended by Act No. 8708, Dec. 21, 2007; Act No. 10629, May. 19, 2011; Act No. 10907, Jul. 25, 2011> |
| 1. |
Conclusion and implementation of industry-academia-research cooperation agreements; |
| 2. |
Management of accounting related to industry-academia-research cooperation projects; |
| 3. |
Affairs of the acquisition and management of intellectual property rights; |
| 4. |
Support for the facilities and management of the university concerned; |
| 5. |
Affairs concerning the transfer of technologies and the promotion of commercialization; |
| 6. |
Remuneration of a persons who provide the technology related to invention related to the duties and a person who conducts researches related to it; and |
| 7. |
Other matters as prescribed by Presidential Decree as the matters related to the industry-academia-research cooperation. |
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| Article 28 (Chairperson of Industry-Academic Cooperation Foundation) |
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| (1) |
Each industry-academic cooperation foundation shall have one chairperson. |
| (2) |
The chairperson of an industry-academic cooperation foundation shall become a member of the board of directors of the industry-academic cooperation foundation. |
| (3) |
The chairperson of an industry-academic cooperation foundation shall represent the industry-academic cooperation foundation and exercise overall control of the affairs concerned under the direction and supervision of the president of the university concerned. |
| (4) |
The chairperson of an industry-academic cooperation foundation shall be appointed and dismissed by the president of the university concerned. In such cases, matters necessary for the appointment and dismissal shall be prescribed by the school regulations. |
| (5) |
When the chairperson of an industry-academic cooperation foundation is unable to perform his/her duties due to unavoidable reasons, the person in the order of priority as prescribed by the articles of association shall act on his/her behalf. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 29 (Organization of Industry-Academic Cooperation Foundation) |
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An industry-academic cooperation foundation may have the infrastructure necessary for the performance of its affairs as prescribed by the articles of association.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 30 (Business Year) |
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The business year of an industry-academic cooperation foundation shall adopt to the fiscal year of the university concerned.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 31 (Revenues) |
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| (1) |
The financial sources of the following subparagraphs shall be the revenues of an industry-academic cooperation foundation: <Amended by Act No. 8708, Dec. 21, 2007, Act No. 10907, Jul. 25, 2011> |
| 1. |
Contributions or subsidies from the State or local government; |
| 2. |
Earnings, securities and other goods with economic value by the industry-academia-research cooperation agreement under Article 24 (1); |
| 3. |
Earnings, securities and other goods with economic value as a result of the industry-academia-research cooperation; |
| 4. |
Contributions received concerning industry-academia-research cooperation; |
| 5. |
Operating earnings from the school enterprise established by a national university, a public university or an industry-academic cooperation foundation under Article 36; |
| 6. |
Dividend and other earnings from the industry-academic cooperation technology holding company (hereinafter referred to as the "technology holding company"); and |
| 7. |
Other earnings as prescribed by Presidential Decree, such as income from interests, etc. |
| (2) |
The founder and manager of a university may contribute, if he/she has revenues under any subparagraph of paragraph (1) at the time an industry-academic cooperation foundation is established. In such cases, Article 29 (6) of the Private School Act shall not apply to private schools. <Amended by Act No. 8708, Dec. 21, 2007> |
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| Article 32 (Expenditure) |
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| (1) |
An industry-academic cooperation foundation may make expenditure under the following subparagraphs: <Amended by Act No. 8708, Dec. 21, 2007, Act No. 10907, Jul. 25, 2011> |
| 1. |
Expenses for the administration and management of an industry-academic cooperation foundation; |
| 2. |
Expenses for the implementation of industry-academia-research cooperation agreements; |
| 3. |
Support expenses for the facilities and management of the university concerned; |
| 4. |
Rewards for the staff and students of the university who have contributed to the financial sources as referred to in Article 31 (1) 2 through 7; |
| 5. |
Operating expenses for the school enterprise established by a national university, a public university or an industry-academic cooperation foundation under Article 36; |
| 6. |
Investment in a technology holding company; |
| 7. |
Working expenses and operating support expenses for a council, etc. under Article 38; and |
| 8. |
Other expenses as prescribed by Presidential Decree as the expenses deemed necessary in connection with industry-academia-research cooperation. |
| (2) |
Basis and procedures for the payment of the reward under paragraph (1) 4 and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 8708, Dec. 21, 2007> |
[This Article Newly Inserted by Act No. 6878, May 21, 2003]
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| Article 32-2 (Restriction on Guarantees for Obligations, etc. for Third Parties) |
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No industry-academic cooperation foundation shall guarantee the obligations of third parties or provide security for third parties.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 33 (Principle of Accounting, etc.) |
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| (1) |
An industry-academic cooperation foundation shall keep the accounts to clearly indicate its revenue and expenditure, and the conditions of increase and decrease, and change in assets. |
| (2) |
Matters necessary for the operation of accounting of an industry-academic cooperation foundation shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 34 (Employment, etc. of Researchers, etc.) |
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| (1) |
An industry-academic cooperation foundation may employ researchers and employees whose remuneration shall be borne and paid by the industry-economic cooperation foundation. |
| (2) |
In case of the employment of researchers and employees as referred to in paragraph (1), an industry-academic cooperation foundation shall stipulate the terms of the contract such as working period, salaries, working conditions, etc. |
| (3) |
The president of a university may, in consultation with the director of an industry-academic cooperation foundation, have researchers and employees under paragraph (1) take charge of education, research, and other affairs of such university. |
| (4) |
The president of a university may have school personnel under his/ her control perform the affairs of an industry-academic cooperation foundation at the request of the director of an industry-academic cooperation foundation. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
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| Article 35 (Acquisition and Management of Intellectual Property Rights) |
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| (1) |
An industry-academic cooperation foundation may acquire, use, and manage intellectual property rights in accordance with industry-academia-research cooperation agreements. <Amended by Act No. 10629 , May 19, 2011, Act No. 10907, Jul. 25, 2011> |
| (2) |
The State and a local government may support part of expenses incurred in obtaining and managing intellectual property rights under paragraph 1. <Newly Inserted by Act No. 10629, May 19, 2011> |
| (3) |
An industry-academic cooperation foundation, when entering into an industry-academia-research cooperation agreement, shall endeavor to secure expenses to be incurred in obtaining and managing intellectual property rights associated with outcomes according to the performance of the industry-academia-research cooperation agreement for the purpose of the commercialization of technology and advancement of industry-academia-research cooperation. <Newly Inserted by Act No. 10629, May 19, 2011> |
[This Article Newly Inserted by Act No. 6878, May 27, 2003]
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| Article 36 (School Enterprises) |
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| (1) |
An industrial educational institution or an industry-academic cooperation foundation may have a department (hereinafter referred to as "school enterprise") directly manufacturing, processing, repairing, selling goods and providing services, etc. in connection with a specific course of study or curricula to utilize them in the in-service training and research of students and teachers, and to promote commercialization by transferring the technologies developed by the industrial educational institutions to the private sector. In such cases, such business activities shall neither cause any inconvenience to education nor shall compel students and school personnel to use them. <Amended by Act No. 8708, Dec. 21, 2007> |
| (2) |
The revenue of a school enterprise shall be the income of the accounts by the classification of the following subparagraphs and keep accounts classified by the school enterprise: <Amended by Act No. 8708, Dec. 21, 2007> |
| 1. |
In cases where an industrial educational institution has a school enterprise: accounts of an industrial educational institution (referring to the accounts of an industry-academic cooperation foundation in cases of a national university and a public university) |
| 2. |
In cases where an industry-academic cooperation foundation has a school enterprise: accounts of an industry-academic cooperation foundation. |
| (3) |
Items of business which a school enterprise may manage and other necessary matters for the establishment and management of a school enterprise shall be prescribed by Presidential Decree. <Amended by Act No. 8708, Dec. 21, 2007> |
[This Article Newly Inserted by Act No. 6878, May 27, 2003]
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| Article 36-2 (Establishment and Operation of Technology Holding Companies) |
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| (1) |
An industry-academic cooperation foundation may establish a technology holding company solely or jointly with any of the following institution: <Amended by Act No. 10907, Jul. 25, 2011> |
| 1. |
An industry-academic cooperation foundation of another university; and |
| 2. |
An educational foundation (limited to cases where there is no industry-academic cooperation foundation in the university concerned); |
| (2) |
A technology holding company shall obtain the authorization for establishment from the Minister of Education, Science and Technology by fulfilling the necessary conditions of the following subparagraphs. Procedures necessary for the authorization for establishment shall be prescribed by Ordinance of the Ministry of Education, Science and Technology: <Amended by Act No. 8852, Feb. 29, 2008, Act No. 10907, Jul. 25, 2011> |
| 1. |
It shall be a stock company; |
| 3. |
An industry-academic cooperation foundation (including the institutions under the subparagraphs of paragraph (1) in cases where a technology holding company is established jointly with the institutions under the subparagraphs of paragraph (1); hereinafter the same shall apply) shall invest technology in kind exceeding 30/100 of the capital and hold exceeding 50/100 of the outstanding stocks; and |
| 4. |
It shall meet other standards as prescribed by Presidential Decree. |
| (4) |
A technology holding company may conduct affairs regarding the establishment of a subsidiary company, management of its business, other affairs related thereto, and affairs regarding the operation of a technology holding company which are prescribed by Presidential Decree. <Amended by Act No. 10907, Jul. 25, 2011> |
| (5) |
The State and a local government shall support all or part of expenses to be incurred in the establishment and operation of a technology holding company, etc. within the budgetary limits. <Newly Inserted by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-3 (Methods of Establishment of Subsidiary Company) |
|
| (1) |
A technology holding company may establish a subsidiary company utilizing technology held by a industry-academic cooperation foundation or a research institute. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
A technology holding company may form a subsidiary company either by creating the company itself or by acquiring stocks of or receiving an equity stake in another company prescribed by Presidential Decree. <Newly Inserted by Act No. 10907, Jul. 25, 2011> |
| (3) |
A subsidiary company shall be a stock company or a limited liability company. <Amended by Act No. 10907, Jul. 25, 2011> |
| (4) |
through (7) Deleted <by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-4 (Investment in Subsidiary Company, etc.) |
|
| (1) |
Where a technology holding company makes technology in-kind investment in a subsidiary company, Article 36-2 (3) shall apply mutatis mutandis. |
| (3) |
Where a technology in-kind investment that has been made in a technology holding company is made to its subsidiary company within six months from the date of the investment, an amount assessed when the technology holding company has made the technology in-kind investment may be deemed the amount of in-kind investment made to the subsidiary company. |
| (4) |
A technology holding company shall hold at least 20/100 of stocks with voting rights of a subsidiary company: Provided, That this shall not apply where there exist reasons prescribed by Presidential Decree, such as the transfer of shares, etc. |
| (5) |
No technology holding company shall guarantee its subsidiary company's risk. |
| (6) |
No subsidiary company shall acquire or possess the stocks of a technology holding company acquiring or holding the stocks of the subsidiary company or of the stocks of another subsidiary company: Provided That this shall not apply where it falls under any of the following subparagraphs: |
| 1. |
Merger with a company or acquisition by transfer of the whole business of a company; |
| 2. |
Exercise of security rights or acceptance of payment in kind. |
| (7) |
A company has invested under the proviso to paragraph (6) shall dispose of the stocks concerned within six months from the date of such acquisition or possession: Provided, That this shall not apply where a company acquiring or holding its stocks disposes of such stocks. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-5 (Prohibition on Use of Similar Names) |
|
| (1) |
A technology holding company shall indicate the name of a university (including an institution under Article 36-2 (1) where a technology holding company is established jointly with the institution) and its being a technology holding company in its trade name. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
A person who is not a technology holding company shall not use the name, Technology Holding Company, or any other similar name in its trade name, and with regard to a person who violates such provision, Article 28 of the Commercial Act shall apply mutatis mutandis. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-6 (Restriction on Use of Dividends) |
|
| (1) |
Dividends and other earnings that an industry-academic cooperation foundation has received from a technology holding company shall be used for the affairs under Article 27 (1) and the research activities of a university: Provided, That in cases of Article 27 (1) 4, such dividends and other earnings shall be used only for affairs directly related to the research activities of a university and prescribed by Presidential Decree. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
Dividends and other earnings that a research institute has received from a technology holding company shall be used only for uses prescribed by Presidential Decree, such as re-investments. <Newly Inserted by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-7 (Concurrent Holding of Office and Leave of Absence by Faculty Members or Researchers) |
|
| (1) |
A faculty member of a university, a staff member of a research institute may hold a concurrent office as the representative, an executive, or an employee of a technology holding company and a subsidiary company or take a leave of absence become representative, executive, or employee with permission from the head of the university or the research institute to which he/she belongs. Further details shall be prescribed by Presidential Decree. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
A person who has obtained permission for concurrent holding of office or leave of absence from office as referred to in paragraph (1) shall not be at a disadvantage in relation to his/her social position as a result therefrom. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-8 (Cancellation of Authorization for Technology Holding Companies, etc.) |
|
| (1) |
In any of the following cases, the Minister of Education, Science and Technology may issue a corrective order to a technology holding company specifying a period: <Amended by Act No. 8852, Feb. 29, 2008, Act No. 10907, Jul. 25, 2011> |
| 1. |
Where it fails to meet the requirements for authorization for establishment provided in Article 36-2 (2); |
| 2. |
Where it conducts its affairs other than those provided in Article 36-2 (4); |
| 3. |
Where it violates the restriction on use of dividends under Article 36-6. |
| (2) |
The Minister of Education, Science and Technology may cancel the authorization under Article 36-2 (2) when it falls under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. |
In cases where it has obtained authorization by deceitful or other unjust means; and |
| 2. |
In cases where it has failed to obey any corrective order under paragraph (1). |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-9 (Hearings) |
|
If the Minister of Education, Science and Technology intends to cancel the authorization for establishment of a technology holding company under Article 36-8 (2), he/she shall hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008, Act No. 10907, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 36-10 (Mutatis Mutandis Application of the Commercial Act) |
|
Except as provided for in this Act, the Commercial Act shall apply mutatis mutandis to a technology holding company and a subsidiary company in this Act.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 37 (Cooperative Research Institutes) |
|
| (1) |
The founder and manager of a university, notwithstanding Articles 18 and 27 of the State Properties Act, Articles 13 and 19 of the Public Property and Commodity Management Act, Article 4 of the Higher Education Act, and Article 5 of the Private School Act, may enable the State, a local government, a research institute, or an industrial enterprise, etc. to construct buildings or other permanent facilities by lending part of the land of the university or by creation of superficies as prescribed by Presidential Decree in order to establish a research institute in the premises of the university, which is to be operated by the State, the local government, the research institute or the industrial enterprise, etc. (hereinafter referred to as "cooperative research institute"). <Amended by Act No. 9401, Jan. 30, 2009, Act No. 10907, Jul. 25, 2011> |
| (2) |
In cases where the founder and manager of the university allows the use of part of the land of the university under paragraph (1), it shall do so on condition that the university and the cooperative research institutes use the facilities, machinery and materials, human resources, etc. jointly. |
| (3) |
When an agreement on the lease of part of the land of a university or the creation of superficies (including the case of the renewal of the agreement) under paragraph (1) expires, the State, a local government, a research institute, or an industrial enterprise, etc. shall either donate the buildings and other permanent facilities concerned to the founder and manager of the university or restore the land to its original state and return it. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 37-2 (Joint Use of Human Resources) |
|
| (1) |
The heads of a university and a research institute (referring only to the research institutes provided for in Presidential Decree from among research institutes referred to in subparagraph 5 (1) of Article 2 and those provided for in items (3) and (4) of the same subparagraph; hereinafter the same shall apply) may determine matters regarding the joint use of human resources in a mutually agreed manner. |
| (2) |
A faculty member of a university may be appointed as a faculty researcher of a relevant research institute while maintaining his/her current position and status within the university to which he/she belongs after obtaining approval by the heads of the university and the research institution. The procedures and other details shall be prescribed by Presidential Decree. |
| (3) |
A researcher of a research institute may be appointed as a faculty researcher of a relevant university while maintaining his/her current position and status within the research institute to which he/she belongs after obtaining approval by the heads of both the research institute and the university. The procedures therefor and other details shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 37-3 (Dispatches) |
|
| (2) |
In the case of a dispatch referred to in paragraph (1), salaries shall, in principle, be paid by the institution to which the faculty member is dispatched. |
| (3) |
A person who is dispatched under paragraph (1) shall not be at a disadvantage in relation to his/her social position or personnel matters. |
law view
| Article 37-4 (Joint Use, etc. of Research Facilities and Equipment) |
|
| (1) |
The State may formulate and implement a plan for the joint use of research facilities and equipment and the activation of exchange of research and development information, including the efficient use of research facilities and equipment and the nurturing of human resources specialized in operating equipment. |
| (2) |
Where an industrial educational institutions being supported with its operating expenses from the State, a local government or a public institution established under the Act on the Management of Public Institutions is asked to make its research facilities and equipment available for use, the institution shall actively cooperate to the extent such use does not interfere with the institution's business. |
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 38 (Council related to Industry-Academia-Research Cooperation, etc.) |
|
An industry-academic cooperation foundation, an organization and an industrial enterprise, etc. participating in the industry-academic cooperation may organize and operate a council, etc. for the activities of the following subparagraphs: <Amended by Act No. 10907, Jul. 25, 2011>
| 1. |
Joint execution of industry-academia-research cooperation projects; |
| 2. |
Exchanges of information on industry-academia-research cooperation; |
| 3. |
Exchanges between personnel in charge of industry-academia-research cooperation and development of their capabilities; and |
| 4. |
Promotion of industry-academia-research cooperation and publicity for the results of industry-academic cooperation. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 39 (Support, etc. for Industry-Academia-Research Cooperation) |
|
| (1) |
The State and local governments may provide financial support to an industry-academic cooperation foundation or other organizations, etc. performing the industry-academia-research cooperation projects or promoting and supporting the industry-academia-research cooperation and their business activities. <Amended by Act No. 10907, Jul. 25, 2011> |
| (2) |
When the State and local governments promote industry-academia-research cooperation with an industrial educational institution, in cases where they intend to require such industrial educational institution to bear a specific amount of expenses, it shall be limited to the minimum amount necessary, taking the character and purpose of such industry-academia-research cooperation into consideration. <Amended by Act No. 10907, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 39-2 (Preparation of Statistics related to Industry-Academia-Research Cooperation) |
|
| (1) |
The State and local governments may prepare and manage statistics related to industry-academia-research cooperation in order to efficiently formulate policies and implement them to foster industry-academia-research cooperation. |
| (2) |
The State and local governments may request industrial educational institutions, research institutes, industrial enterprises to prepare, maintain, and manage basic data in order to prepare statistics under paragraph (1). |
| (3) |
The scope of statistics prepared pursuant to paragraph (1), matters to be surveyed, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 40 (Support for Loan Contracts for School Expenses) |
|
An industrial educational institution may give publicity, provide information, mediate and provide other necessary support concerning the contracts on condition that an industrial enterprise, etc. lend the school expenses to a student and exempt the reimbursement of such school expenses in exchange for supply of his/her labor.
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
CHAPTER VI SUPPLEMENTARY PROVISIONS
law view
| Article 41 (International Cooperation) |
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The State and local governments shall establish plans for international cooperation with foreign governments, international organizations or foreign industrial educational institutions, training institutions, industrial research institutes and industrial enterprises, etc. concerning the matters of the following subparagraphs and execute them:
| 1. |
Exchanges of information on industrial education; |
| 2. |
Exchanges, and study and training of industrial teachers; |
| 3. |
Participation in various activities related to industrial education; and |
| 4. |
Promotion of international cooperation necessary for the promotion of industrial education. |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 42 (Assistance to Learners of Private Teaching Institutes, etc.) |
|
| (2) |
The State and local governments may, if necessary, provide administrative and financial support for the fosterage of the private teaching institutes under paragraph (1). |
[This Article Wholly Amended by Act No. 8708, Dec. 21, 2007]
law view
| Article 43 (Entrustment of Business) |
|
| (1) |
The Minister of Education, Science and Technology may entrust part of administrative affairs related to industrial education and industry-academia-research cooperation to corporations or organizations prescribed by Presidential Decree. |
| (2) |
The procedure, etc. relating to the delegation of authority shall be governed by the Regulations on Devolution and Entrustment of Administrative Competence. |
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 44 (Legal Fiction as Public Officials in Application of Penal Provisions) |
|
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 45 (Confidentiality) |
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A corporation or an executive or employee of an organization to which part of authority under this Act is delegated may not disclose confidential information which the person has learned in the course of conducting business.
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
law view
| Article 46 (Penal Provisions) |
|
A person who discloses confidential information that he/she has learned in the course of conducting entrusted business in violation of Article 45 shall be punished by imprisonment of up to three years or not exceeding thirty thousand won.
[This Article Newly Inserted by Act No. 10907, Jul. 25, 2011]
ADDENDA
| (1) |
(Enforcement Date) This Act shall enter into force on March 1, 1995. |
| (2) |
(Transitional Measures concerning Field Practice) Field practice at any industrial enterprise performed under the previous provisions at the time when this Act enters into force shall be considered to have been performed under the provisions of Article 8. |
ADDENDA<Act No. 5316, Mar. 27, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 1997.
Article 2 Omitted.
ADDENDA<Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6878, May 27, 2003>
| (1) |
(Enforcement Date) This Act shall enter into force on September 1, 2003: Provided, That the amended provision of Article 36 shall enter into force on March 1, 2004. |
| (2) |
(Arrangements for Establishment of Board of Industry-Academic Cooperation) The universities may take measures to make arrangements for the establishment of the board of industry-academic cooperation, such as the amendment of the school regulations, etc., even though prior to the entry into force of this Act. |
| (4) |
(Relationship with Other Acts and Subordinate Statutes) Any reference that has been made to the previous Industrial Education Promotion Act or its provisions in other Acts and subordinate statutes in force at the time when this Act enters into force shall be deemed to be a reference that has been made to this Act or its corresponding provisions, if any, in this Act in lieu of the previous Act or its provisions. |
ADDENDA<Act No. 7869, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8108, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 8357, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 8576, Aug. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 8708, Dec. 21, 2007>
This Act Shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2, 27 (1), 31 (1), 32 (1), 32-2, 36 (1) and (2), 36-2 through 36-9 shall enter into force on February 4, 2008.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 10082, Mar. 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 10629, Mar. 19, 2011>
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
ADDENDA<Act No. 10907, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship with Other Acts and Subordinate Statutes)
Where the Promotion of Industrial Education and Industry-Academic Cooperation Act or the provisions thereof are cited in other Acts or subordinate statutes at the time this Act enters into force, and any provisions corresponding thereto exist in this Act, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the former provisions.
