Enforcement Decree Of Technology Development Promotion Act


Published: 2010-10-27

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Technology Development Promotion Act and other matters necessary to implement the delegated matters. <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
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 Article 2 Deleted.<by Presidential Decree No. 21806, Nov. 2, 2009>   print
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 Articles 3 and 4 Deleted.<by Presidential Decree No. 21461, Apr. 30, 2009>   print
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 Articles 5 and 6 Deleted.<by Presidential Decree No. 18316, Mar. 17, 2004>   print
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 Article 7 (New Technology subject to Certification)   print
New technology subject to certification provided for in Article 6 of the Act shall be technology falling under any of the following subparagraphs as of the date on which the certification thereof is earned:
1. The technology whose theory is demonstrated and whose development is completed after securing its quantitative assessment indictor by manufacturing, testing or operating (hereinafter referred to as "demonstration tests") the theoretically proved technology as a trial technology and the newly developed technology will be able to be commercialized within two years;
2. The technology which is the completing stage of development after securing its quantitative assessment indictor by means of the demonstration test and is expected to be able to greatly improve the performance of existing goods in the future;
3. The process technology that is able to greatly improve the quality and the productivity of existing goods in the future.
[This Article Wholly Amended by Presidential Decree No. 19553, Jun. 29, 2006]
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 Article 8 (Examination and Assessment of New Technology)   print
The Minister of Knowledge and Economy shall, when he/she examines and assesses any new technology in accordance with Article 6 (2) of the Act, take into account matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
1. Whether the new technology is originally developed in the Republic of korea and superior or equal to that of advanced nations and able to be commercialized;
2. Deleted; <by Presidential Decree No. 19553, Jun. 29, 2006>
3. Whether the technical and economic pervasive effect of the new technology is so great that it can serve to bolster the nation’s technological power and competitiveness at home and abroad;
4. Whether the new technology has the quality management system that makes it possible for the new technology to sustain the performance of manufactured goods that have been made the development goal in terms of quality and stability of goods;
5. Whether there would be incidental effect and necessity of support for the certification of the new technology.
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 Article 9 (Certification Procedure and Certification Term for New Technology)   print
(1) The Minister of Knowledge and Economy shall, with respect to any technology he/she intends to certify as a new one, post and publish the fact of his/her intention to certify the technology as new one, including name of applicant, name and particulars of the new technology, holder of the new technology and the term during which the new technology is certified on Internet home page and in the Official Gazette or in dailies with nationwide circulation provided for in the Act on the Promotion of Newspapers, etc. (hereinafter referred to as "dailies"). <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22003, Jan. 27, 2010>
(2) Any person interested in the publication of the fact of the intention by the Minister of Knowledge and Economy to certify his/her technology as new one under paragraph (1) may raise an objection to the Minister of Knowledge and Economy within 20 days from the date the Minister of Knowledge and Economy plans to certify his/her technology as a new one. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(3) The Minister of Knowledge and Economy shall, upon receiving an ob- jection raised under paragraph (2), survey and examine such objection and make the results thereof known to the applicant or interested person. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(4) The Minister of Knowledge and Economy shall, when he/she certifies any technology as new one under Article 6 (2) of the Act, certify the new technology within the fixed term of three years. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(5) In the event that any person who has had his/her technology certified as new one applies for extending the term during which his/her new tech- nology is certified, the Minister of Knowledge and Economy may, when it is deemed necessary for the extension of such term, extend the term within the scope of seven years. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(6) Necessary matters concerning procedures, etc. for certifying the new technology under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Knowledge and Economy. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 10 (Certification Mark of New Technology)   print
(1) The Minister of Knowledge and Economy may permit any person who has had his/her new technology certified under Article 9 (4) to mark the goods that he/she manufactures using his/her new technology, their packages, containers and advertisements, etc. with the certification mark of the new technology, which is prescribed by Ordinance of the Ministry of Knowledge and Economy. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(2) Deleted. <by Presidential Decree No. 19553, Jun. 29, 2006>
(3) Any person who has used the certification mark of the new technology shall make a report (including an electronic report; hereinafter the same shall apply) on the details, records, etc. of the use of the certification mark of the new technology to the Minister of Knowledge and Economy. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(4) Deleted. <by Presidential Decree No. 19553, Jun. 29, 2006>
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 Article 11 (Financial Support for Manufacturers of Goods Made Using New Technology)   print
The heads of relevant administrative agencies may preferentially provide any person who manufactures goods using his/her new technology with financial support from the funds falling under each of the following subparagraphs under Article 6 (4) of the Act or ask the heads of relevant institutions to financially support such manufacturer: <Amended by Presidential Decree No. 17791, Dec. 5, 2002; Presidential Decree No. 18620, Dec. 30, 2004; Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 19672, Sep. 4, 2006; Presidential Decree Nos. 20261 & 20264, Sep. 10, 2007; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21692, Aug. 19, 2009; Presidential Decree No. 21835, Nov. 20, 2009>
1. The technology development funds set up to facilitate the specific research and development projects provided for in Article 7 (1) of the Act;
2. The Science and Technology Promotion Fund provided for in Article 22 of the Framework Act on Science and Technology;
3. The Fund for the Establishment and Promotion of Small and Medium Enterprises provided for in Article 63 of the Small and Medium Enterprises Promotion Act;
4. The Information and Communications Promotion Fund provided for in Article 41 of the Information and Communications Technology Industry Promotion Act;
5. The Technology Development Fund administered by the Korea Development Bank under the Korea Development Bank Act or the Technology Development Fund administered by the Industrial Bank of Korea under the Industrial Bank of Korea Act;
6. The New-technology Business Fund created by specialized credit fi- nancial companies that have registered their new technology financial business in accordance with the Specialized Credit Financial Business Act or the technology credit guarantee of the Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act;
7. Invention encouragement subsides under Article 4 of the Invention Promotion Act;
8. Other special funds raised by the Government with the aim of sup- porting technology development.
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 Article 12 (Preferential Purchase of Goods Manufactured Using New Technology)   print
In order to boost the purchase of goods manufactured using new tech- nology under Article 6 (4) of the Act, the heads of relevant administrative agencies may ask the persons falling under any of the following subparagraphs to take necessary steps to make the preferential purchase of such goods: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. State organs or local governments;
2. Institutions invested or reinvested by the Government;
3. Persons who receive financial aid, such as contributions and subsidies, from the State or local governments;
4. Other public organizations.
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 Article 13 (Request for Support of New Technology)   print
(1) The Minister of Knowledge and Economy shall, when he/she takes policy steps in accordance with Article 6 (4) of the Act with the aim of supporting any new technology that is certified pursuant to Article 9, ask the heads of relevant administrative agencies to support such policy steps. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(2) The heads of relevant administrative agencies shall, upon receiving a request under paragraph (1), comply with such request unless special grounds, which make it impossible for them to do so, exist.
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 Article 14 (Technical Guidance for Manufacturers of Goods Made Using New Technology)   print
(1) The heads of relevant administrative agencies may take necessary steps to provide any person who manufactures goods using new technology with the assistance falling under each of the following subparagraphs under Article 6 (4) of the Act: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. Assistance in getting technical guidance and obtaining qualification certification in the Republic of Korea and abroad;
2. Arrangement and supply of foreign technical information or free supply of technical information in their possession;
3. Assistance in using research facilities and equipment.
(2) The heads of relevant administrative agencies may get institutions falling under each of the following subparagraphs to provide the assistance of paragraph (1): <Amended by Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 19719, Oct. 27, 2006; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009>
1. Research institutions subject to the application of the Support of Specific Research Institutions Act;
2. National and public research institutions;
3. The Korea Institute of Industrial Technology and the Korea Institute of Science and Technology Information established pursuant to the Act on the Establishment, Operation and Fostering of Government Funded Science and Technology Research Institutions;
4. The Korea Institute for Advancement of Technology, the Korea Evaluation Institute of Industrial Technology, the Korea Institute of Ceramic Engineering and Technology, and the Korea Testing Laboratory established pursuant to the Industrial Technology Innovation Promotion Act.
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 Article 15 (Standards for Institutions Participating in Specific Research and Development Project)   print
(1) "Research institutes attached to companies in conformity with Presidential Decree" in Article 7 (1) 2 of the Act means research institutions attached to companies, which keep full-time researchers on the payroll according to the classification falling under each of the following subparagraphs, have the research facilities of their own and are recognized by the Minister of Education, Science and Technology after making a report on matters prescribed by Ordinance of the Ministry of Education, Science and Technology. In such cases, the Minister of Education, Science and Technology may adjust the number of full-time researchers when he/she deems it necessary to do so taking into account the special nature of research tasks or the size of the companies: <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21590, Jun. 30, 2009>
1. A research institute attached to a company established by an operator of a small and medium enterprise under Article 2 of the Framework Act on Small and Medium Enterprises: Not less than five persons: Provided, That it shall be not less than three persons from July 1, 2009 to June 30, 2011;
2. A research institute attached to a company incorporated abroad: Not less than five persons;
3. A small and medium enterprise specializing in research and development that is founded by researchers of such research institutions in the science and technology fields as prescribed by Ordinance of the Ministry of Education, Science and Technology or a research institute attached to a company, established by a venture company in accordance with Article 2 of the Act on Special Measures for the Promotion of Venture Businesses: Not less than two persons (limited to cases where five years have not elapsed since the company is founded);
4. Any other research institute attached to a company than those under subparagraphs 1 through 3: Not less than ten persons.
(2) "Divisions in exclusive charge of research and development of a company" (hereinafter referred to as "divisions in exclusive charge of research and development") in Article 7 (1) 2 of the Act means the division recognized by the Minister of Education, Science and Technology after meeting the requirements falling under each of the following subparagraphs and reporting the matters prescribed by Ordinance of the Ministry of Education, Science and Technology: <Newly Inserted by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
1. The main work of the divisions in exclusive charge of research and development is required to be the research and development in the field of science and technology;
2. Not less than one full-time researcher is required to be employed.
(3) Full-time researchers referred to in paragraphs (1) and (2) shall be the persons who hold bachelor’s or higher degrees in the fields of natural science, engineering and medical science (hereinafter referred to as "field of natural science") provided for in the Regulations governing the Establishment and Operation of Universities or who hold technical qualifications as engineers or higher in the fields of techniques and skills provided for in the National Technical Qualifications Act: Provided, That in cases of full-time researchers in the fields of data processing or industrial design, they may be the persons who hold the bachelor’s degrees in the field of non-natural science. <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
(4) In the case of a research institute attached to a small and medium enterprise provided for in Article 2 of the Framework Act on Small and Medium Enterprises and a division in exclusive charge of research and development, notwithstanding paragraph (3), persons who have graduated from junior colleges after completing natural science courses or who are recognized as having academic attainments equivalent to or higher than the former or those with technical qualifications as industrial engineers or higher in the fields of techniques and skills provided for in the National Technical Qualifications Act and have two ore more year work experience in the research area may be appointed as full-time researchers to work at such research institute: Provided, That in the case of full-time researchers in the fields of data processing and industrial design, they may be the persons who hold the bachelor’s degrees in the field of non-natural science. <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
(5) "Nonprofit corporations in conformity with the standards prescribed by Presidential Decree" in Article 7 (1) 7 of the Act means corporations that each keeps not less than three researchers with bachelor’s or higher degrees in natural science on the payroll, who have three or more year work experience in the field of research, and has research facilities of its own.
(6) "Medical corporations in conformity with the standards prescribed by Presidential Decree" in Article 7 (1) 8 of the Act means medical corporations that each keeps not less than two medical specialists who have three or more years work experience in the field of medical care and not less than three full-time researchers who have three or more year work experience in the field of medical care techniques on the payroll and has the research facilities of its own.
(7) "Domestic and foreign research institutions or organizations in conformity with the standards prescribed by Presidential Decree" in Article 7 (1) 9 of the Act means research institutions or organizations, recognized by the Minister of Education, Science and Technology, which each keeps not less than five full-time researchers with the bachelor’s or higher degrees in the relevant field who have three or more years work experience in the field of research employed on the payroll and has research facilities of its own. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(8) "Corporations established for profit-making" in Article 7 (1) 9 of the Act means corporations that each runs the business of research and development in the fields of science and technology, keeps not less than ten full-time researchers on the payroll referred to in paragraph (4), has the research facilities of its own and is recognized by the Minister of Education, Science and Technology by reporting the matters prescribed by Ordinance of the Ministry of Education, Science and Technology. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 16 (Institutions, etc. Specializing in Planing and Managing Specific Research and Development Projects)   print
(1) The Minister of Education, Science and Technology may, in the event that he/she deems it necessary to efficiently facilitate specific research and development projects prescribed in Article 7 of the Act, designate institutions specializing in planning and managing such projects (hereinafter referred to as "specialized institutions"). <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(2) Necessary matters concerning the designation of specialized institutions under paragraph (1) and the implementation of their projects shall be prescribed separately by the Minister of Education, Science and Technology. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 17 (Conclusion of Agreement)   print
(1) With respect to the agreement prescribed in Article 7 (1) of the Act, the Minister of Education, Science and Technology shall enter into an agreement with the head (referring to the representative of any corporation to which the relevant institution belongs in cases under the latter part of Article 7 (1) of the Act) of any institution in charge of the relevant research (hereinafter referred to as "institution in charge of the relevant research") from among institutions specified in each subparagraph of the same paragraph: Provided, That where there are contributions made by individuals, not by the Government, and other research and development funds raised by companies (including kind; hereinafter the same shall apply) from among necessary research expenditures, the head of every institution in charge of the relevant research shall enter into an investment agreement or a research agreement with a person who is committed to bearing expenditures within 30 days from the date on which he/she concludes an agreement with the Minister of Education, Science and Technology. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(2) Where the group of industry-academic cooperation provided for in the Promotion of Industrial Education and Industry-Academic Cooperation Act is established in an institution falling under Article 7 (1) 4 of the Act, the head of the group of the industry-academic cooperation may conclude any agreement on behalf of the head of an institution in charge of the relevant research. In such cases, the agreement that is concluded by the head of the group of the industry-academic cooperation on behalf of the head of an institution in charge of the relevant research shall be deemed to be concluded by the head of an institution in charge of the relevant research. <Newly Inserted by Presidential Decree No. 19553, Jun. 29, 2006>
(3) The agreement referred to in paragraphs (1) and (2) shall contain matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
1. Research plan;
2. Summary of research tasks;
3. Ways of using, managing and paying research and development expenditures;
4. Report on the results of research and development;
5. Diversion and utilization of the fruits of research and development;
6. Collection of royalties accruing from the utilization of the fruits of research and development;
7. Steps in response to the assessment of research and development fruits;
8. Alteration and cancellation of agreement;
9. Steps against violation of agreement;
10. Other matters involving research and development.
(4) The head of every institution in charge of the relevant research referred to in paragraph (1) and the head of the group of industrial-academic cooperation referred to in paragraph (2) may commission any institution of each subparagraph of Article 7 (1) of the Act or any other person to perform part of its research tasks. <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
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 Article 18 (Payment of Contributions)   print
Contributions prescribed in Articles 7 (2) and 8 (1) of the Act shall be paid in installments: Provided, That such contributions may be paid in one lump when the Minister of Education, Science and Technology deems it necessary to do so taking into account the scope of research tasks and the launching time of the relevant research. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 19 (Management of Contributions, etc.)   print
The head of every institution in charge of the relevant research shall set up a separate account to manage contributions made by the Government or persons, other than the Government, and other research and development funds raised by companies (hereinafter referred to as "contributions, etc.") under Article 7 (2) of the Act.
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 Article 20 (Use and Report of Contributions, etc.)   print
(1) When the head of every institution in charge of the relevant research is paid contributions, etc. pursuant to Article 7 (2) of the Act, he/she shall use such contributions, etc. only for the purpose falling under each of the following subparagraphs:
1. Personnel expenses of researchers;
2. Travel expenses needed to conduct the research project;
3. Expenses needed to carry out technology and information activities;
4. Expenses needed to purchase, install, rent and operate research facil- ities (including machinery and materials);
5. Expenses needed to purchase materials and perform the computer- information processing and management in order to conduct research projects;
6. Expenses needed to manufacture prototype products;
7. Expropriation expenses and service fees needed to conduct research projects;
8. Expenses needed to carry out research activities;
9. Expenses needed to conduct commissioned research and development projects;
10. Indirect expenses and the reserve for technology development;
11. Expenses needed to apply for the registration of intellectual property rights and register them;
12. Other expenses necessary for research and development.
(2) The head of every institution in charge of the relevant research shall file an annual report on the spending record of contributions, etc. referred to in paragraph (1), accompanied by the documents falling under each of the following subparagraphs, with the Minister of Education, Science and Technology on or before March 31 of the following year: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. The comparable table of the project plan and achievements prepared according to the format determined by the Minister of Education, Science and Technology;
2. The written opinion of the in-house accounting audit of the institution in charge of the relevant research.
(3) The head of every institution in charge of the relevant research shall make a report on the royalties collected pursuant to Article 7 (4) of the Act to the Minister of Education, Science and Technology within 15 days from the date such royalties are collected. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(4) The ratio of compensations for researchers, etc. who have participated in a specific research and development project provided for in Article 7 (5) 1 of the Act shall be as follows:
1. Where the institution in charge of the relevant research is a nonprofit corporation: Not less than 50/100 of the stake contributed by the Government from among the collected royalties;
2. Where the institution in charge of the relevant research is a profit-making corporation: Not less than 50/100 of the stake contributed by the Government after deducting the amount paid to specialized institutions from among the collected royalties.
(5) "Specialized institutions prescribed by Presidential Decree" in Article 7 (5) 2 of the Act means the institutions designated by the Minister of Education, Science and Technology pursuant to Article 16. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(6) The ratio of the royalties to be paid to specialized institutions pursuant to Article 7 (5) 2 of the Act shall be as follows:
1. Where the institution in charge of the relevant research is a nonprofit corporation: Not less than 20/100 of the stake contributed by the Government from among the collected royalties;
2. Where the institution in charge of the relevant research is a profit-making corporation: Not less than 30/100 of the stake contributed by the Government from among the collected royalties.
(7) The head of every institution in charge of the relevant research shall use the stake contributed by the Government from among the collected royalties for the purposes falling under each of the following subparagraphs pursuant to Article 7 (5) 3 of the Act with the exception of the amount used or paid pursuant to paragraphs (4) and (6): <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. The reinvestment in research and development;
2. The raising of the Science and Technology Promotion Fund;
3. The operational expenses of the institution;
4. Expenses needed to file applications for intellectual property rights and to manage them, etc.;
5. Prizes awarded to employees, etc. who have contributed to the inno- vation of technologies;
6. Other purposes of use, which are determined by the Minister of Education, Science and Technology.
(8) The head of every institution in charge of the relevant research shall make a report on the record of using the royalties provided for in paragraphs (4), (6) and (7) to the Minister of Education, Science and Technology on or before March 31 of the following year. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(9) The Minister of Education, Science and Technology shall consult beforehand with the Minister of Strategy and Finance about the use of the royalties paid to specialized institutions pursuant to Article 7 (6) of the Act. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
[This Article Wholly Amended by Presidential Decree No. 19553, Jun. 29, 2006]
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 Article 21 (Institutions, etc. Performing Support Projects for Technology Development)   print
(1) "Institutions or organizations prescribed by Presidential Decree" in the former part of Article 9 (2) of the Act means the institutions or organizations falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
1. The Korea Industrial Technology Association established after obtaining permission from the Minister of Education, Science and Technology in accordance with Article 32 of the Civil Act and the Act on the Establishment and Operation of Public-Service Corporations;
2. The Korea Engineering Services Association established in accordance with Article 12 of the Engineering Technology Promotion Act;
3. Other corporations established for the purpose of promoting the tech- nology development of the industrial circles, which are institutions or organizations prescribed by Ordinance of the Ministry of Education, Science and Technology.
(2) Where the institutions or organizations referred to in para graph (1) carry out any project falling under each subparagraph of Article 9 (1) of the Act, the Minister of Education, Science and Technology may contribute or subsidize, in whole or in part, the funds required therefor. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 21-2 (Application Filed for Using Goods and Equipment for Research)   print
Any person who uses goods and equipment for research pursuant to Article 9 (4) of the Act shall file an application in which the matters falling under each of the following subparagraphs are entered with the Minister of Education, Science and Technology: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. The names of goods and equipment;
2. The grounds for restricting the use, manufacture, sales, import, etc. of goods and equipment;
3. The purposes of use, manufacture, sales, import, etc. of goods and equipment.
[This Article Newly Inserted by Presidential Decree No. 19553, Jun. 29, 2006]
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 Article 22 (Publication of Domestic Technology Development)   print
The Minister of Education, Science and Technology may publish any technology that is deemed necessary to be domestically developed in order to facilitate the independent development of technologies. In such cases, with respect to technologies used by the defense industry, the Minister of Education, Science and Technology shall consult in advance with the Commissioner of the Defense Acquisition Program Administration. <Amended by Presidential Decree No. 19321, Feb. 8, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 23 (Scope, etc. of Persons Running Business of Assisting Research and Development)   print
(1) Persons who run the business of assisting research and development for whom the Government is required to take policy steps to support them under Article 10 (1) of the Act shall include persons who run the business falling under each of the following subparagraphs: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. The business of leasing research and development equipment;
2. The business of offering counseling services with respect to computer equipment;
3. The business of providing counseling about software, developing and furnishing such software;
4. The business of making data processing;
5. The business of database;
6. The business of making data processing and computer operation;
7. The business of conducting market survey;
8. The business of construction, engineering and related technical ser- vices;
9. The business of testing, examining and analyzing technology;
10. Other business prescribed by the Minister of Education, Science and Technology.
(2) The Government may, when it is necessary to foster the business of assisting research and development in a sound manner under Article 10 (1) of the Act, provide the operators of the business of assisting research and development with the support falling under each of the following subparagraphs:
1. Extension of long-term and low-interest loans set aside for technology development and industrial development;
2. Provision of technical information, professional manpower in the field of research, research facilities and equipment, etc. in the possession of national and public research institutions, universities and colleges and Government-funded research institutions.
(3) The Minister of Education, Science and Technology shall prescribe necessary matters concerning the support under paragraph (2) after consulting with the heads of central administrative agencies concerned. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 24 Deleted.<by Presidential Decree No. 21461, Apr. 30, 2009>   print
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 Articles 24-2 and 25 Deleted.<by Presidential Decree No. 21806, Nov. 2, 2009>   print
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 Article 26 Deleted.<by Presidential Decree No. 21461, Apr. 30, 2009>   print
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 Article 27 (Cancellation of New Technology Certification)   print
(1) The Minister of Knowledge and Economy shall, when he/she intends to cancel the certification of any new technology in accordance with Article 14 (1) of the Act, put the person concerned on an advance notice that the certification of his/her new technology has been cancelled, specifying the grounds for such cancellation. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(2) The person concerned may, upon receiving an advance notice under paragraph (1) that the certification of his/her new technology is to be cancelled, submit the material establishing a prima facie case within the period falling under each of the following subparagraphs from the date on which he/she receives such advance notice:
1. The first advance notice: 20 days;
2. The second advance notice: 10 days (limited to cases where the ma- terial establishing prima facie case is not submitted).
(3) The Minister of Knowledge and Economy shall, upon receiving the material establishing a prima facie case under paragraph (2), decide whether he/she cancels the certification of the new technology in question after investigating and examining such material establishing a prima facie case: Provided, That the failure to submit the material establishing a prima facie case shall be deemed to admit the fact that constitutes the cause of cancellation. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(4) The Minister of Knowledge and Economy shall, when he/she cancels the certification of any new technology under paragraph (3), serve a notice thereof on the relevant person and other interested persons and then immediately post the fact on Internet home page and publish the fact in the Official Gazette or dailies. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
(5) Necessary matters concerning the cancellation of certification of any new technology under paragraphs (1) through (4) shall be prescribed separately and published by the Minister of Knowledge and Economy. <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 28 (Entrustment of Authority)   print
(1) The Minister of Education, Science and Technology or the Minister of Knowledge and Economy shall entrust his/her authority with respect to affairs falling under each of the following subparagraphs to the Korea Industrial Technology Association established with the permission from the Minister of Education, Science and Technology or the Minister of Knowledge and Economy pursuant to Article 32 of the Civil Act and the Act on the Establishment and Operation of Public-Service Corporations in accordance with Article 16 of the Act: <Amended by Presidential Decree No. 19553, Jun. 29, 2006; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21806, Nov. 2, 2009>
1. Clerical services rendered to certify any new technology pursuant to Article 6 (1) through (3) and (5) of the Act;
2. Clerical services rendered to receive reports made by research institutes attached to companies under Article 15 (1) and the certification of any new technology;
3. Clerical services rendered to receive reports on and recognize the divi- sion exclusively in charge of the research and development under Article 15 (2);
4. Clerical services rendered to receive reports on and recognize the cor- porations established for profit-making under Article 15 (8).
(2) The Minister of Education, Science and Technology may entrust his/her authority falling under each of the following subparagraphs, which is related to specific research and development projects prescribed in Article 7 of the Act, to specialized institutions in accordance with Article 16 of the Act: <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
1. Survey and analysis of technology trends necessary to work out schedules for specific research and development projects and the estimate of technology demand;
2. Examination of research tasks necessary to select yearly research tasks, the operation and management of research tasks and technical support therefor;
3. Assessment and utilization of research tasks.
(3) The Minister of Education, Science and Technology shall, when he/she entrusts his/her authority under paragraph (2), publish such delegation in the Official Gazette. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
(4) Necessary matters concerning the performance of the affairs entrusted under paragraph (1) or (2) and the report thereon, etc. shall be prescribed by Ordinance of the Ministry of Education, Science and Technology and Ordinance of the Ministry of Knowledge and Economy. <Amended by Presidential Decree No. 21214, Dec. 31, 2008>
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 Article 29 (Imposition of and Procedures for Collecting Fines for Negligence)   print
(1) The Minister of Education, Science and Technology shall, when he/she imposes a fine for negligence in accordance with Article 19 of the Act, put a person subject to such fine for negligence on notice that he/she pays the fine for negligence, specifying in writing the fact of violation, the way of raising an objection, the period during which he/she may raise such objection and the amount of the fine for negligence, etc. after investigating and confirming the relevant violation. <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009>
(2) The Minister of Education, Science and Technology shall, when he/she intends to impose a fine for negligence under paragraph (1), provide a person subject to such fine for negligence with an opportunity to state his/her opinion orally or in writing (including electronic documents) within a fixed period of not less than ten days. In such cases, if the person fails to state his/her opinion within the fixed period, he/she shall be deemed to have no opinion to state. <Amended by Presidential Decree No. 18312, Mar. 17, 2004; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009>
(3) The categories of violations against which fines for negligence are levied and the imposition amount of such fines for negligence under Article 19 (2) of the Act shall be as shown in the attached Table. <Amended by Presidential Decree No. 19553, Jun. 29, 2006>
(4) The Minister of Education, Science and Technology may add or reduce any fine for negligence he/she intends to impose within the limit of 1/2 of the amount of such fine for negligence prescribed in paragraph (3) taking into account the motive of the relevant violation and the consequences thereof, etc. In such cases, the amount of any fine for negligence levied after being added shall not exceed 800,000 won. <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009>
(5) Procedures for collecting fines for negligence shall be prescribed by Ordinance of the Ministry of Education, Science and Technology. <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 21461, Apr. 30, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2001.
Article 2 (Transitional Measures)
(1) The technology-secured loan and technology potential assessment institutions designated in accordance with the provisions of the Enforcement Decree of the Special Act on Innovation in Science and Technology, which are to be closed in accordance with the provisions of Article 2 of the Addenda of the Enforcement Decree of the Framework Act on Science and Technology at the time that this Decree enters into force shall be deemed designated in accordance with the provisions of Article 2 of this Decree.
(2) The institutions entrusted with the business of issuing lotteries for the development of science and technology in accordance with the provisions of the Enforcement Decree of the Special Act on Innovation in Science and Technology, which are to be closed in accordance with the provisions of Article 2 of the Addenda of the Enforcement Decree of the Framework Act on Science and Technology at the time that this Decree enters into force shall be deemed entrusted in accordance with Article 4 of this Decree.
(3) The matters concerning the management and operation, etc. of the technology development lottery fund account approved in accordance with the provisions of the Enforcement Decree of the Special Act on Innovation in Science and Technology, which is to be closed in accordance with the provisions of Article 2 of the Addenda of the Enforcement Decree of the Framework Act on Science and Technology at the time that this Decree enters into force shall be deemed approved in accordance with the provisions of this Decree.
(4) Any approval granted by any administrative agency, any act performed by any administrative agency, various reports and any act performed against any administrative agency under the previous provisions at the time when this Decree enters into force shall be deemed the act performed by such administrative agency or the act performed against such administrative agency in accordance with this Decree.
Article 3 Omitted.
Article 4 (Relation with other Acts and Subordinate Statutes)
In case where the previous Enforcement Decree of the Technology Development Promotion Act or the provisions thereof are cited in the other Acts and subordinate statutes at the time of the enforcement of this Decree and if there exist provisions corresponding thereto in this Decree, it shall be deemed that this Decree or the corresponding provisions in this Decree are cited in lieu of the previous provisions.
ADDENDA<Presidential Decree No. 17791, Dec. 5, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18316, Mar. 17, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2004. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 18342, Mar. 29, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Issuance of Technology-Development Lotteries) The technology-development lotteries issued by the Korea Science Foundation at the time of the enforcement of this Decree shall be deemed those issued by the Korea Scientists and Engineers Mutual-aid Association pursuant to the amended provisions of Article 4.
ADDENDA<Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 18620, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Presidential Decree No. 19553, Jun. 29, 2006>
This Decree shall enter into force on July 1, 2006: Provided, That the amended provisions of subparagraph 1 of Article 11 and Article 14 (2) 4 shall enter into force on October 29, 2006.
ADDENDA<Presidential Decree No. 19672, Sep. 4, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 19719, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 20137, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 20261, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 20264, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 5 Omitted.
ADDENDA<Presidential Decree No. 21461, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009 (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Presidential Decree No. 21692, Aug. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 21806, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Presidential Decree No. 21835, Nov. 20, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 22003, Oct. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.