Sciences Promotion Act

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 Article 1 (Purpose)   print
The purpose of this Act is to support and manage various activities related to sciences, consolidate the foundation for sciences, induce the balanced development of studies and contribute to creating new knowledge by providing for matters necessary for promotion of sciences.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "sciences" means all areas and processes of study that produce and develop knowledge by researching theories and methods of study, and announce and disseminate such knowledge produced and developed;
2. The term "college" means any of the following institutions:
(a) A school under the subparagraphs of Article 2 of the Higher Education Act, school established pursuant to another Act or subordinate statute, the level of which is not lower than that of the abovementioned school, or a research institute attached thereto;
(b) A lifelong educational facility, graduates of which are recognized to have the same educational background and degree as junior college graduates under Article 31 (4) of the Lifelong Education Act;
(c) A college hospital or college dental hospital established as a corporation pursuant to another Act, or a research institute attached thereto;
3. The term "research institution" means any of the following institutions:
(a) A State or public research institution;
(c) A research institution under Article 2 of the Support of Specific Research Institutes Act or other research institutions established pursuant to another special Act;
(d) Other research institutions that meet standards prescribed by Presidential Decree, such as research human resources and facilities;
4. The term "academic community" means any of the following corporations or organizations:
(a) A corporation having the objective of engaging in academic activities, among corporations established pursuant to the Act on the Establishment and Operation of Public Interest Corporations or the Civil Act;
(b) An organization having the objective of engaging in academic activities, among organizations registered pursuant to the Assistance for Non-Profit, Non-Governmental Organizations Act;
(c) Other organizations deemed eligible to receive support related to projects promoted by the Minister of Education, Science and Technology pursuant to this Act, among non-profit organizations having the objective of engaging in academic activities;
5. The term "researcher" means any of the following persons:
(a) A teacher under Article 14 (2) of the Higher Education Act or adjunct teacher under Article 17 of the same Act;
(b) A teacher of a school-type lifelong educational facility under Article 31 of the Lifelong Education Act, teacher of a lifelong educational facility like in-house colleges under Article 32 of the same Act or teacher of a lifelong educational facility like distance colleges under Article 33 of the same Act;
(c) A researcher belonging to an attached research institute under subparagraph 2 (a) and (c) or research institution under subparagraph 3;
(d) A scientist or artist who receives support related to academic activities or artistic creation activities pursuant to Article 13 of the National Academy of Sciences Act or Article 12 of the National Academy of Arts of the Republic of Korea Act;
(e) A person with a doctoral degree who belongs to a college or research institution in the Republic of Korea or a foreign country and receives training in such college, etc.;
(f) A teacher or researcher who belongs to a foreign college or foreign research institution corresponding to colleges or research institutions;
(g) Other persons deemed specifically eligible to receive support related to projects promoted by the Minister of Education, Science and Technology under this Act.
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 Article 3 (Obligations of Government)   print
The Government shall improve academic levels, create a sound academic atmosphere, and promote and support various policies to ensure that outcomes of academic activities are actively utilized.
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 Article 4 (Formulation, etc. of Policies for Promotion of Sciences)   print
The Minister of Education, Science and Technology shall formulate the Government's policies concerning the following matters for promotion of sciences, and carry out, adjust and manage duties incidental thereto:
1. Basic direction-setting for policies for promotion of sciences;
2. Securing investment and financial resources for promotion of sciences;
3. Support of researchers for promotion of sciences;
4. Support of academic activities for promotion of sciences;
5. Promotion of academic exchanges and cooperation for promotion of sciences;
6. Establishment of the foundation for promotion of sciences and the management thereof;
7. Improvement of the system and Acts and subordinate statutes for promotion of sciences;
8. Creation of an environment for promotion of sciences.
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 Article 5 (Promotion, etc. of Science Support Projects)   print
(1) The Minister of Education, Science and Technology shall develop and promote projects for promotion of sciences so as to implement policies and perform duties under Article 4.
(2) The Minister of Education, Science and Technology may entrust all or some projects under paragraph (1) to the following institutions or organizations and reimburse expenses incurred in conducting such projects in the form of contributions to them so as to efficiently promote such projects:
1. Institutions or organizations under subparagraphs 2 through 4 of Article 2;
2. The National Academy of Sciences established pursuant to the National Academy of Sciences Act;
3. The Institute for the Translation of Korean Classics established pursuant to the Institute for the Translation of Korean Classics Act;
4. The Korea Education Research Information Service established pursuant to the Korea Education Research Information Service Act;
5. The National Research Foundation of Korea established pursuant to the National Research Foundation of Korea Act;
6. The Academy of Korean Studies established pursuant to the Act on the Support of the Academy of Korean Studies;
7. The Korean University Education Council established pursuant to the Korean University Education Council Act;
8. The Korea Council for College Education established pursuant to the Korea Council for College Education Act.
(3) Matters necessary for the promotion of science support projects under paragraph (1) and the payment of contributions under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 6 (Selection, etc. of Persons Eligible to Receive Science Support)   print
(1) The Minister of Education, Science and Technology may select persons eligible to receive science support from among colleges, research institutions, academic communities (hereinafter referred to as "colleges, etc.") or researchers, and require them to conduct academic activities, so as to promote science support projects under Article 5 (1).
(2) The Minister of Education, Science and Technology may subsidize expenses incurred in science support projects (hereinafter referred to as "project funds") for persons eligible to receive science support pursuant to paragraph (1) to ensure that they conduct academic activities, and conclude an agreement, when necessary.
(3) Researchers or colleges, etc. selected as persons eligible to receive science support pursuant to paragraph (1) shall faithfully conduct academic activities and report the outcomes thereof to the Minister of Education, Science and Technology. In such cases, the Minister of Education, Science and Technology may evaluate the outcomes reported by researchers or colleges, etc. and may refer to the outcomes of evaluation in the selection of persons eligible to receive science support later.
(4) Matters necessary for the selection of persons eligible to receive science support pursuant to paragraph (1), subsidization of project funds or conclusion of an agreement under paragraph (2) and the reports of outcomes or evaluation under paragraph (3) shall be prescribed by Presidential Decree.
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 Article 7 (Fostering Next Generation to Engage in Academic Activities)   print
The Minister of Education, Science and Technology shall endeavor to ensure that college students, graduate students, persons with related technology or knowledge or persons working for industrial enterprises, etc. actively cooperate in academic activities of researchers, and they are utilized in academic activities, and shall provide support to them and take necessary measures for them to help them become excellent researchers.
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 Article 8 (Academic Exchanges and Cooperative Activities)   print
(1) The Minister of Education, Science and Technology shall promote and encourage various academic exchanges and cooperative activities between domestic and foreign researchers, colleges, etc. and international organizations.
(2) The Minister of Education, Science and Technology shall consult with the heads of the relevant central administrative agencies on matters necessary for academic exchanges and cooperative activities with foreign governments, foreign colleges, etc. or international organizations when formulating plans or policies for academic exchanges and cooperative activities under paragraph (1).
(3) Matters necessary for promoting academic exchanges and cooperative activities under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 9 (Fostering Activities of Academic Communities)   print
(1) The Minister of Education, Science and Technology shall promote and encourage activities of academic communities by providing support for the hosting of a symposium or the publication of academic journals, and by evaluating academic journals for discovering or fostering exemplary academic journals.
(2) The Minister of Education, Science and Technology may collect and manage information related to activities of academic communities so as to promote and encourage activities of academic communities under paragraph (1).
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 Article 10 (Expansion of Research Equipment, etc.)   print
(1) The Minister of Education, Science and Technology may provide support to colleges, etc. to ensure that they expand various research equipment and research facilities, etc. necessary for academic activities, and shall endeavor to ensure that such research equipment and research facilities are actively utilized.
(2) Colleges, etc. shall actively cooperate to ensure that researchers or colleges, etc. utilize research equipment and research facilities, etc.
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 Article 11 (Fostering Institutions Managing Academic Resources)   print
(1) The Minister of Education, Science and Technology may support the accumulation and utilization of academic data or improvement of service so as to foster institutions managing academic resources, such as a reference room or library, etc. established and operated in colleges, etc., and shall endeavor to ensure that such institutions managing academic resources are actively utilized.
(2) Colleges, etc. shall actively cooperate to ensure that researchers, college students or graduate students belonging to other colleges, etc. utilize data of institutions managing academic resources.
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 Article 12 (Establishment of Standard Academic Classification System)   print
(1) The Minister of Education, Science and Technology may establish a standard academic classification system and formulate a standard academic classification table after consulting with the heads of the relevant central administrative agencies so as to efficiently manage human resources, information, projects, etc. related to sciences.
(2) The Government shall endeavor to widely utilize a standard academic classification table under paragraph (1).
(3) The Minister of Education, Science and Technology shall designate institutions in charge by field of studies and require them to consistently supplement and develop a standard academic classification table, and may subsidize expenses incurred in the operation of such institutions.
(4) Matters necessary for formulating a standard academic classification table under paragraph (1), designating institutions in charge under paragraph (3), and revoking the designation thereof shall be prescribed by Presidential Decree.
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 Article 13 (Survey of Actual Status of Academic Activities)   print
(1) The Minister of Education, Science and Technology may conduct a survey or analysis of the actual status of academic activities (hereinafter referred to as "academic status survey"), such as academic levels and trends of each field of studies, present condition of researchers or academic journals, outcomes of research conducted by each institution, including colleges, etc., records of project funds and management condition of project funds, etc. so as to formulate and promote policies for promotion of sciences.
(2) The Minister of Education, Science and Technology may request relevant administrative agencies, local governments, public organizations, colleges, etc. or other related institutions to submit necessary data, when deemed necessary for conducting an academic status survey.
(3) The Minister of Education, Science and Technology shall disseminate the outcomes of an academic status survey to the relevant administrative agencies, local governments, public organizations or colleges, etc. to ensure that such outcomes are utilized for academic activities or related duties.
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 Article 14 (Collection, etc. of Academic Information)   print
(1) The Minister of Education, Science and Technology may collect and manage academic information, such as the information on and achievements of researchers, research outcomes and the evaluation thereof, or data obtained through academic status surveys so as to efficiently manage information related to sciences.
(2) The Minister of Education, Science and Technology may establish and operate an information system to ensure that academic information collected pursuant to paragraph (1) is utilized for academic activities of researchers and colleges, etc. and related duties by sharing such information.
(3) The Minister of Education, Science and Technology may designate specialized management institutions and cooperative institutions, and subsidize expenses incurred in operation of such institutions, etc. within budgetary limits for the systematic collection and management of academic information under paragraph (1) and efficient dissemination or utilization thereof.
(4) The Minister of Education, Science and Technology may request the relevant administrative agencies, local governments, public organizations or colleges, etc. to submit necessary data so as to vitalize the utilization of academic information.
(5) Matters necessary for designating specialized management institutions and cooperative institutions pursuant to paragraph (3) and revoking the designation of such institutions shall be prescribed by Presidential Decree.
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 Article 15 (Ensuring Research Ethics)   print
(1) The Minister of Education, Science and Technology shall formulate and promote policies to ensure research ethics, such as the establishment of guidelines to ensure research ethics (hereinafter referred to as "guidelines on research ethics") so as to prevent fraudulent research activities of researchers, which obstruct promotion of sciences, and create a sound environment for academic research.
(2) The Minister of Education, Science and Technology may fully or partially subsidize expenses necessary for activities of colleges, etc. so as to efficiently promote policies to ensure research ethics under paragraph (1).
(3) Colleges, etc. that have received support related to project funds from the Minister of Education, Science and Technology shall establish and implement their own regulations on research ethics to prevent and verify fraudulent research activities in accordance with guidelines on research ethics, and take other necessary measures.
(4) Matters necessary for establishing guidelines on research ethics under paragraph (1), the Government's subsidization under paragraph (2) and measures taken by colleges, etc. pursuant to paragraph (3) shall be prescribed by Presidential Decree.
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 Article 16 (Utilization of Academic Outcomes)   print
The Minister of Education, Science and Technology shall manage and support academic outcomes to ensure that academic outcomes are efficiently utilized through, for example, the acquisition of intellectual property rights.
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 Article 17 (Use and Management of Project Funds)   print
(1) Researcher and the heads of colleges, etc. shall use subsidized project funds in accordance with the objectives or purposes of support and the heads of colleges, etc. shall manage project funds by setting up a separate account.
(2) The heads of colleges, etc. shall designate or establish a department to be in charge of the management of all subsidies for project funds and take measures for the operation thereof.
(3) Matters necessary for the management of project funds under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 18 (Investigation into Project Funds)   print
(1) When any ground exists to suspect that a researcher or college, etc. in receipt of project funds violates an Act or subordinate statute, the Minister of Education, Science and Technology may require them to report on how they handled their work or request them to submit data, or undergo a necessary investigation. In such cases, he/she may request a certified public accountant or accounting firm under the Certified Public Accountant Act to examine related documents.
(2) When the Minister of Education, Science and Technology conducts an investigation under paragraph (1), he/she shall notify any person under investigation of investigation plans, such as the date and time, reasons and details of such investigation: Provided, That the same shall not apply where a preliminary notice is anticipated to defeat purposes of the investigation due to the destruction of evidence or other grounds.
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 Article 19 (Suspension of Payment, etc. of Project Funds)   print
(1) When a researcher or college, etc. that has received project funds falls under any of the following subparagraphs, the Minister of Education, Science and Technology shall suspend the payment of project funds and recover project funds paid:
1. Where he/she or it has received project costs by fraud or other wrongful means;
2. Where he/she or it has given up conducting research without any justifiable ground.
(2) When a researcher or college, etc. that has received project funds falls under any of the following subparagraphs, the Minister of Education, Science and Technology may suspend the payment of project funds or recover all or some of the project funds paid:
1. Where he/she or it has used project funds for any purpose, other than intended purposes;
2. Where he/she or it has violated agreements under Article 6 (2);
3. Where he/she or it has failed to report outcomes under Article 6 (3).
(3) Recovering project funds pursuant to paragraphs (1) and (2) shall conform with the procedures for collecting a national tax.
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 Article 20 (Exclusion from Selection of Persons Eligible to Receive Science Support)   print
(1) When the payment of project funds is suspended or all or some of the project funds paid are recovered because a researcher or college, etc. falls under any of the subparagraphs of Article 19 (1) or subparagraphs of Article 19 (2), the Minister of Education, Science and Technology shall exempt them from eligibility to receive science support pursuant to Article 6 (1) for not less than one year but not more than five years, as prescribed by Presidential Decree.
(2) When the Minister of Education, Science and Technology restricts the selection of persons eligible to receive science support pursuant to paragraph (1), he/she shall notify the relevant researchers, the heads of colleges, etc. to which the relevant researchers belong, or the heads of the relevant central administrative agencies of such restriction and grounds therefor within 15 days after such restriction is applied.
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 Article 21 (Raising Objections)   print
(1) A person who is dissatisfied with a disposition under this Act may raise an objection to the Minister of Education, Science and Technology, as prescribed by Presidential Decree, within 30 days after such disposition is made.
(2) In receipt of an objection under paragraph (1), the Minister of Education, Science and Technology shall decide on such objection within 30 days and notify applicants of the outcomes thereof without delay.
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 Article 22 (Prizes)   print
The Government may award prizes to persons who have outstanding achievements related to academic activities or who have made significant contributions to promotion of sciences.
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 Article 23 (Fines for Negligence)   print
Any of the following persons shall be punished by a fine for negligence not exceeding 10 million won:
1. Where he/she has refused or evaded reports under Article 18 (1) or has made a false report;
2. Where he/she has refused or evaded the submission of data under Article 18 (1) or has submitted false data;
3. Where he/she has refused, obstructed or evaded an investigation under Article 18 (1).
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Education, Science and Technology.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures)
Any institution or organization that has received contributions pursuant to Article 12-2 of the former Sciences Promotion and Credit Guarantee, etc. for Students Loans Act, as at the time this Act enters into force, shall be deemed to have received contributions under this Act.
Article 3 (Relations with other Acts and Subordinate Statutes)
A citation of the former Sciences Promotion and Credit Guarantee, etc. for Students Loans Act or a provision thereof by any other Act or subordinate statute in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.