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Enforcement Decree Of The Brain Research Promotion Act


Published: 2013-03-23

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Brain Research Promotion Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 2 (Reporting on Outcomes of Implementation)   print
(1) Pursuant to Article 5 (1) of the Brain Research Promotion Act (hereinafter referred to as the "Act"), the Minister of Science, ICT and Future Planning, the Minister of Education, the Minister of Trade, Industry and Energy and the Minister of Health and Welfare (hereinafter referred to as "head of a relevant central administrative agency") shall submit the outcomes of implementation of the plan to facilitate brain research specific to their agencies for the preceding year to the Minister of Science, ICT and Future Planning by the end of February each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall integrate the outcomes of implementation submitted under paragraph (1) with the outcomes of implementation for the preceding year of the Ministry of Science, ICT and Future Planning and submit them to the Council for Comprehensive Biotechnology Policy established under Article 6 of the Biotechnology Support Act (hereinafter referred to as the "Council"). <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 3 (Establishment of Master Plans for Facilitating Brain Research)   print
(1) Pursuant to Article 5 (1) of the Act, the head of each relevant central administrative agency shall submit a plan for facilitating brain research specified to his/her agency to the Minister of Science, ICT and Future Planning by the end of February of the year preceding the commencement year of a master plan for facilitating brain research established under Article 5 (2) of the Act (hereinafter referred to as "master plan"). <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) The Minister of Science, ICT and Future Planning shall establish five-year master plans. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 4 (Establishment of Implementation Plans for Facilitation of Brain Research)   print
When the head of a relevant central administrative agency intends to consult with the Minister of Science, ICT and Future Planning on the establishment of an implementation plan for facilitating brain research (hereinafter referred to as "implementation plan") under Article 6 (2) of the Act, he/she shall submit a draft implementation plan of his/her agency to the Minister of Science, ICT and Future Planning by the end of February each year. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 5 (Requests for Provision of Data)   print
The Minister of Science, ICT and Future Planning may request heads of the relevant central administrative agencies to provide necessary data when preparing basic guidelines necessary for establishing implementation plans under Article 6 (3) of the Act. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 6 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>   print
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 Article 7 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>   print
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 Article 8 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>   print
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 Article 9 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>   print
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 Article 10 (Organization and Operation of Working-Level Executive Committee for Brain Research)   print
(1) The working-level executive committee for brain research established under Article 6-2 (1) of the Act (hereinafter referred to as "Executive Committee") shall consist of up to 20 members, including one chairperson.
(2) A public official in general service of the Senior Civil Service Corps belonging to the Ministry of Science, ICT and Future Planning shall be the chairperson of the Executive Committee, and the following persons shall be the members of the Committee: <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
1. One person each from the Ministry of Strategy and Finance, the Ministry of Science, ICT and Future Planning, the Ministry of Trade, Industry and Energy, and the Ministry of Health and Welfare, appointed by the head of each relevant agency from among Grade III public officials (including public officials in extraordinary civil service corresponding thereto), public officials in general or extraordinary civil service of the Senior Civil Service;
2. Brain research experts engaged in academia, research institutes or industries, who have abundant knowledge and experience in brain research and are commissioned by the Minister of Science, ICT and Future Planning.
(3) The term of office of Executive Committee members shall be two years.
(4) A member newly commissioned due to the resignation, etc. of a member referred to in paragraph (2) 2 shall serve for the remainder of his/her predecessor's term of office.
(5) The chairperson of the Executive Committee shall convene and preside over the meetings of the Executive Committee.
(6) A meeting of the Executive Committee shall be held with a majority of all incumbent members present, and a resolution shall be passed with the affirmative vote of a majority of those present at the meeting.
(7) The Executive Committee may organize and operate subcommittees under its jurisdiction to conduct specialized examination of the agenda items related to brain science, medical and pharmacological brain science, brain engineering fields.
(8) Unless otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the organization and operation of the Executive Committee and subcommittees shall be determined by the chairperson of the Executive Committee, following a resolution by the Executive Committee.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 11 (Hearing of Opinions)   print
The Executive Committee may require related public officials or experts with specialized knowledge and experience in brain research to attend a meeting of the Executive Committee and present their opinions, if deemed necessary in relation to matters to be deliberated on, etc.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 12 (Allowances)   print
Members, related public officials or experts who attend a meeting of the Executive Committee may be reimbursed for allowances or actual expenses within budgetary limits: Provided, That the same shall not apply where a public official attends a meetings in direct relation to his/her duties.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 13 Deleted. <by Presidential Decree No. 23224, Oct. 17, 2011>   print
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 Article 14 (Support for Joint Research)   print
In order to facilitate brain research and joint research for the development of technologies therefor among academia, research institutes and industries under Article 11 of the Act, the Minister of Science, ICT and Future Planning may encourage the joint procurement of research equipment, materials and reagents and joint utilization of research facilities, and may provide support necessary for such activities. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 15 (Support for Manufacturing New Technological Products)   print
(1) In order to support the manufacturing of new technological products to facilitate commercialization of outcomes of brain research specific to each agency under Article 12 of the Act, the Minister of Science, ICT and Future Planning and the heads of relevant central administrative agencies may request the heads of the relevant administrative agencies to take necessary measures, such as financial assistance and preferential purchase of the products, after deliberation by the Council. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Upon receipt of a request made under paragraph (1), the head of a relevant administrative agency shall comply with such request, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 16 (Preparation of Guidelines for Clinical Trials and Testing for Approval)   print
(1) In order to establish a system for clinical trials and testing for the approval of products related to brain research under Article 15 of the Act, the Minister of Science, ICT and Future Planning and the heads of the relevant central administrative agencies shall prepare and implement guidelines for clinical trials and testing for approval, after deliberation by the Council: Provided, That the same shall not apply where any other Act and subordinate statutes prescribe otherwise. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
(2) Guidelines for clinical trials and testing for approval referred to in paragraph (1) shall include the following matters: Provided, That the same shall not apply where no guidelines can be prepared on account of special characteristics of a product related to brain research:
1. Animal tests and clinical trials of products produced or manufactured through brain research;
2. Matters concerning the analysis of components, purity, etc. of products produced or manufactured through brain research;
3. Other matters necessary for clinical trials and testing for approval for products related to brain research.
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
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 Article 17 (Preparation and Implementation of Experiment Guidelines)   print
The Minister of Science, ICT and Future Planning and the heads of relevant central administrative agencies shall prepare and implement experiment guidelines specific to their agencies under Article 16 of the Act, after deliberation by the Council. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23224, Oct. 17, 2011]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
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. 17115, Jan. 29, 2001>
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. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20740, Feb. 29, 2008>
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. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23224, Oct. 17, 2011>
This Decree shall enter into force on October 22, 2011.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.