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 the national economy and improvement of the quality of lives of citizens by promoting research and development, and the use, of radiation and radioisotopes, and by laying down the foundation for nurturing related industries.
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 10911, Jul. 25, 2011>
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
CHAPTER Ⅱ ESTABLISHMENT AND IMPLEMENTATION OF PLANS FOR PROMOTION OF USE OF RADIATION, ETC.
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| Article 3 (Establishment of Plans for Promotion of Use of Radiation, etc.) |
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| (1) |
The Minister of Education, Science and Technology shall establish a plan to promote the use of radiation, etc. (hereinafter referred to as "promotion plan") in order to put into action matters concerning radiation and radioisotopes (hereinafter referred to as "radiation, etc.") included in a comprehensive nuclear energy promotion plan established pursuant to Article 9 of the Nuclear Energy Promotion Act.<Amended by Act No. 10909, Jul. 25, 2011> |
| (2) |
The Minister of Education, Science and Technology shall establish a promotion plan every five years based on the plans and policy related to radiation etc. submitted by the heads of the relevant central administrative agencies and notify the heads of the relevant central administrative agencies of the plan, as prescribed by Presidential Decree. |
| (3) |
The promotion plan shall include the following: |
| 1. |
Policy objectives on research and development, and the use, of radiation, etc. and the nurturing of related industries; |
| 2. |
Pushing forward with research on radiation, etc. and the dissemination of, and the facilitation of practical use of, results of research; |
| 3. |
An investment plan for research and development, and the use, of radiation, etc. and the nurturing of related industries and a scheme for securing financial resources therefor; |
| 4. |
Education and utilization of experts specializing in the fields of radiation, etc. and the facilitation of mutual exchanges among such experts; |
| 5. |
Expansion of knowledge and information about radiation, etc. and the establishment of a management system for the circulation thereof; |
| 6. |
A scheme for facilitating international cooperation in research, and technological development, etc., for radiation, etc.; |
| 7. |
Matters concerning the formation of industrial complexes for nurturing industries related to radiation, etc.; |
| 8. |
Other matters necessary for research and development, and the use of radiation and isotopes and the nurturing of related industries. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 4 (Establishment and Implementation of Annual Implementation Plans) |
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| (1) |
The Minister of Education, Science and Technology shall establish implementation plans for the promotion plans on a yearly basis, after consultation with the heads of the relevant central administrative agencies, as prescribed by Presidential Decree, and shall notify the heads of the relevant central administrative agencies of such plans. |
| (2) |
The heads of the relevant central administrative agencies shall implement matters related to the affairs under his/her control in the annual implementation plans notified pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
CHAPTER Ⅲ RESEARCH AND DEVELOPMENT, AND ENHANCING THE USE, OF RADIATION, ETC.
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| Article 5 (Expansion of Investments in Research and Development) |
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The Government shall endeavor to secure financial resources required to expand investments in research and development of radiation, etc.
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 6 (Expansion of Infrastructure for Research on Radiation, etc. and Support therefor) |
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| (1) |
In order to encourage research on radiation, etc., the Government shall formulate a policy necessary for securing researchers and teaching staff and expanding research facilities for the followinginstitutes: |
| 2. |
Colleges, universities, industrial colleges, junior colleges, and technical colleges under the Higher Education Act; |
| 3. |
National and public research institutes. |
| (2) |
The Government may fully or partially subsidize the expenses incurred for activities of any corporation or organization established for research on radiation, etc. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 7 (Support for Activities for Development of Technology) |
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| (1) |
The Government shall establish and implement a policy for securing human resources and providing tax and financial incentives to universities, colleges, research institutes, and industrial enterprises to support their activities for the development of technology for radiation, etc. and encourage collaborative research. |
| (2) |
The Government shall preferentially implement a supportive policy under paragraph (1) for technology-intensive small and medium enterprises related to radiation, etc. and start-ups using new technologies. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 8 (Support, etc. for Industrial Enterprises Related to radiation, etc.) |
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| (1) |
The Government shall take a measure necessary for establishing a system for the production and distribution of radiation, etc. and expanding the use of radiation, etc. |
| (2) |
The Government may provide necessary support to any person who establishes and operates a facility for the collection, transportation, consolidation, storage, or disposal of radioactive wastes produced in the course of research and development, and the use, of radiation, etc. |
| (3) |
The Government may provide necessary support to any person who produces products using a new technology related to radiation, etc. so as to facilitate the industrialization of results of research on radiation, etc. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 9 (Preparation of Laboratory and Testing Systems) |
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| (1) |
The Government shall prepare measures necessary for a reasonable laboratory and testing system for the products related to radiation, etc. so as to facilitate research on radiation, etc. and the industrialization thereof. |
| (2) |
Necessary matters concerning the preparation of measures necessary for the chemical test and examination system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Education, Science and Technology. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 10 (Management and Circulation of Information Related to Radiation, etc.) |
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The Minister of Education, Science and Technology shall establish and promote a policy on the following matters in order to facilitate the production, circulation, management, and utilization of information related to radiation, etc., after consultation with the heads of the relevant central administrative agencies:
| 1. |
Collection, analysis, and processing of information and establishment of database; |
| 2. |
Supply of general information about the current status of, and the prospects for, technology for radiation, etc.; |
| 3. |
Nurturing, etc. of agencies managing and circulating information. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 11 (Designation, etc. of Primary Research Institute and Information Management Institute) |
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| (1) |
The Minister of Education, Science and Technology may designate an institute primarily responsible for research on fundamental fields of radiation, etc., research on radiation, etc. applicable to industrial, medical, and environmental areas, and research on the industrialization of the results of research on radiation, etc. (hereinafter referred to as "primary research institute"). |
| (2) |
The Minister of Education, Science and Technology may designate an institute or organization exclusively dedicated to the management of information (hereinafter referred to as "institute of information management") so as to promote the efficient implementation of policies on the management, etc. of information under Article 10. |
| (3) |
The Minister of Education, Science and Technology may fully or partially subsidize, within budgetary limits, expenses incurred in the operation of the primary research institute and the institute of information management. |
| (5) |
Necessary matters concerning the entities eligible for the designation as the primary research institute or the institute of information management, the requirements and procedures for the designation, and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 12 (Formation of Industrial Complexes for Radiation, etc. and Support therefor) |
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In an effort to facilitate research and development of radiation, etc., to raise production efficiency for related products, and to induce and nurture domestic and foreign enterprises by forming a systematic link among the industry, academia and research circles, the Government may establish industrial complexes for radiation, etc. or support the formation of such complexes.
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 13 (Fact-finding Surveys) |
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| (1) |
The Minister of Education, Science and Technology shall conduct fact-finding surveys on industries related to radiation, etc. so as to efficiently implement the policy on the utilization of radiation, etc. |
| (2) |
If necessary for fact-finding surveys under paragraph (1), the Minister of Education, Science and Technology may request any enterprise, any education or research institute related to radiation, etc., or any other corporation or organization to submit materials or to state its opinion. |
| (3) |
Any enterprise, any education or research institute, or any other corporation or organization shall, upon receiving a request for submission of materials or a statement on its opinion pursuant to paragraph (2), shall comply with the request, unless extenuating circumstances exist otherwise. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
CHAPTER Ⅲ-2 KOREA INSTITUTE OF RADIOLOGICAL AND MEDICAL SCIENCES
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| Article 13-2 (Establishment of Korea Institute of Radiological and Medical Sciences) |
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| (1) |
The Korea Institute of Radiological and Medical Sciences (hereinafter referred to as the "Institute of Medical Sciences") shall be established in order to efficiently promote the medical use of, and research and development of, radiation, etc. |
| (2) |
The Institute of Medical Sciences shall be a corporation. |
| (3) |
The Institute of Medical Sciences is duly formed upon completion of the registration of its incorporation with the authorities having jurisdiction over its principal place of business. |
| (4) |
Where the Institute of Medical Sciences intends to amend its articles of incorporation, it shall obtain authorization therefor from the Minister of Education, Science and Technology. |
| (5) |
The Institute of Medical Sciences shall have not more than 13 directors, including one Chairperson and one President as well as one auditor, as its executives. The executives shall be appointed by the board of directors, as stipulated by its articles of incorporation, upon approval of the Minister of Education, Science and Technology. |
| (6) |
The Institute of Medical Sciences shall have a board of directors to have the board deliberate on, and adopt resolutions, on important matters. |
| (7) |
The President shall represent the Institute of Medical Sciences, have overall control over affairs thereof, and direct and supervise its employees. |
| (8) |
The Government may contribute funds, within budgetary limits, for expenses incurred in the establishment and operation of the Institute of Medical Sciences. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 13-3 (Business of Institute of Medical Sciences) |
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| (1) |
The Institute of Medical Sciences shall undertake the following business: |
| 1. |
Medical use of radiation, etc.; |
| 2. |
Research on radiology and the development of technology therefor; |
| 3. |
Policy research on radiology; |
| 4. |
Production and distribution of, and research on, radioisotopes; |
| 5. |
National emergency radiological and medical treatment and education, research and development related thereto; |
| 6. |
Dissemination of outcomes of business under subparagraphs 1 through 5; |
| 7. |
Fostering experts in research on radiology; |
| 8. |
Domestic and international cooperation on research and development of radiology; |
| 9. |
Medical aid to the neighborhood of nuclear facilities; |
| 10. |
Other business necessary for achieving the objectives of the Institute of Medical Sciences, such as cancer hospitals. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
CHAPTER Ⅳ FOSTERING OF ASSOCIATION AND COOPERATIVE RELATED TO RADIATION, ETC.
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| Article 14 (Establishment, etc. of Association) |
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| (1) |
Persons under any of the following subparagraphs (hereinafter referred to as "users of radiation, etc.") may establish an association in order to facilitate the use of radiation, etc. and help the promotion of the related industries and technology, after obtaining authorization from the Minister of Education, Science and Technology: <Amended by Act No. 10911, Jul. 25, 2011> |
| (2) |
The Association shall undertake the following: |
| 1. |
Surveys on the current status of users of radiation, etc. and statistics thereof; |
| 2. |
Research on, and improvement of, systems for promoting technology related to radiation, etc.; |
| 3. |
Education, training, and guidance for improving skills of technical human resources related to radiation, etc.; |
| 4. |
Collection, analysis, and supply of technical information related to radiation, etc.; |
| 5. |
Establishment and operation of facilities for common use by users of radiation, etc.; |
| 6. |
Research on, and improvement of, business related to radiation, etc.; |
| 7. |
Assistance to users of radiation, etc. for penetrating overseas markets; |
| 8. |
Business entrusted by the Government, local governments, etc.; |
| 9. |
Business specified by its articles of incorporation as incidental to the business under subparagraphs 1 through 7. |
| (3) |
The Association may engage in any profitable business in order to achieve the objectives of its establishment under paragraph (1). |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 15 (Establishment, etc. of Mutual Aid Cooperative) |
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| (1) |
Users of radiation, etc. may establish a mutual aid cooperative (hereinafter referred to as "Cooperative"), after obtaining authorization from the Minister of Education, Science and Technology, in order to provide loans for the funds necessary for independent business activities, improve welfare of members of the Cooperative, and compensate for losses incurred by accidents or business activities. |
| (2) |
Where the Minister of Education, Science and Technology intends to grant authorization for the Cooperative pursuant to paragraph (1), he/she shall consult in advance with the Financial Services Commission about the need to grant authorization for the Cooperative, including whether it is difficult for any insurance business operator under subparagraph 6 of Article 2 of the Insurance Business Act to undertake the Cooperative's business. |
| (3) |
The Cooperative shall undertake the following: |
| 1. |
Guarantees and loans for funds necessary for business activities of its members; |
| 2. |
Mutual aid services to prevent members of the Cooperative from going bankrupt and to improve welfare of their employees; |
| 3. |
Mutual aid services for liabilities of its members for damage arising from contamination by radiation, etc. and for expenses removing such contamination; |
| 4. |
Facilitation of equipment and materials for its members and establishment and operation of facilities for common use; |
| 5. |
Investment in related projects necessary for achieving the objectives of the Cooperative; |
| 6. |
Business entrusted by the Government, local governments, and others. |
| 7. |
Business specified by its articles of incorporation as incidental to the business under subparagraphs 1 through 5. |
| (4) |
The Cooperative may, if necessary for carrying out business under paragraph (3), borrow necessary funds from a financial institution. |
| (5) |
Matters concerning contributions by the Cooperative, entities eligible for guarantee, guarantee fees, interest on loans, and other necessary matters concerning the operation of the Cooperative shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 16 (Mutual Aid Regulations) |
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| (1) |
Where theCooperative intends to undertake mutual aid services under Article 15 (3) 1 through 3, it shall establish mutual aid regulations. |
| (2) |
The mutual aid regulations under paragraph (1) shall include the scope of mutual aid services, the terms and conditions of a mutual aid agreement, mutual aid premiums, mutual aid claims, liability reserves for covering mutual aid claims, and other provisions necessary for the operation of the mutual aid service. |
| (3) |
The intended establishment or amendment of the mutual aid regulations under paragraph (1) shall be subject to the authorization of the Minister of Education, Science and Technology, as prescribed by Presidential Decree. |
| (4) |
Where the Minister of Education, Science and Technology grants authorization to the mutual aid regulations under paragraph (3), he/she shall consult in advance with the Financial Services Commission. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 17 (Legal Personality) |
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Both the Association and the Cooperative shall be juristic persons.
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| Article 18 (Amendment of Articles of Incorporation) |
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Where the Association or the Cooperative intends to amend its articles of incorporation, it shall obtain the authorization of the Minister of Education, Science and Technology therefor, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
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| Article 19 (Reporting and Inspections, ets.) |
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| (1) |
If deemed necessary for the management and supervision of the Association or Cooperative, the Minister of Education, Science and Technology may require it to report its business. |
| (2) |
Where the Minister of Education, Science and Technology deems that the business or accounting of the Association or Cooperative violates any Act and subordinate statute or its articles of incorporation, he/she may assign public officials under his/her control to inspect relevant documents, account books, and other materials. |
| (3) |
Where the Minister of Education, Science and Technology deems that the accounting practices of the Cooperative violates any Act and subordinate statute or its articles of incorporation, he/she may request the Financial Services Commission to conduct an accounting audit. In such cases, the Financial Services Commission shall assign employees under its control or the Governor of the Financial Supervisory Service under the Act on the Establishment, etc. of Financial Services Commission to conduct an inspection, unless extenuating circumstances exist otherwise, and notify the Minister of Education, Science and Technology of the results thereof. |
| (4) |
Any person who conducts an inspection pursuant to paragraphs (2) and (3) shall carry a certificate indicating his/her authority and present it to the interested parties. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 20 (Administrative Measures) |
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| (1) |
When the business or accounting practices of the Association or Cooperative violates any Act and subordinate statute or its articles of incorporation, the Minister of Education, Science and Technology may issue an order to take a corrective measure. |
| (2) |
The Association or Cooperative shall, upon receipt of an order to take a corrective measure pursuant to paragraph (1), take the corrective measure within one month from receipt of the order and report the results thereof to the Minister of Education, Science and Technology. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 21 (Application Mutatis Mutandis of other Acts) |
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| (1) |
Except as otherwise provided in this Act, the provisions governing incorporated foundations of the Civil Act shall apply mutatis mutandis to the Institute of Medical Sciences. |
| (2) |
Except as otherwise provided in this Act, the provisions governing incorporated associations of the Civil Act shall apply mutatis mutandis to the Association. |
| (3) |
Except as otherwise provided in this Act, the provisions governing incorporated associations of the Civil Act and the accounting of stock companies of the Commercial Act shall apply mutatis mutandis to the Association. |
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 22 (Entrustment of Affairs) |
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The Minister of Education, Science and Technology may entrust part of the affairs under this Act to the Institute of Medical Sciences, the Association, or the Cooperative, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
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| Article 23 (Legal Fiction of Public Officials in Application of Penal Provisions) |
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[This Article Wholly Amended by Act No. 10774, Jun. 7, 2011]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8078, Dec. 26, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Preparation for Incorporation of Institute of Medical Sciences)
| (1) |
The Minister of Education, Science and Technology shall commission not more than five incorporators or less within 30 days from the promulgation date of this Act to take charge of administrative affairs related to the establishment of the Institute of Medical Sciences. |
| (2) |
The incorporators shall prepare the articles of incorporation of the Institute of Medical Sciences and obtain authorization of the Minister of Education, Science and Technology therefor. |
| (3) |
The President of the Institute of Medical Sciences at the time of its incorporation shall be appointed by the Minister of Science and Technology. |
| (4) |
The incorporators shall, upon receipt of authorization under paragraph (2), complete the registration of the incorporation of the Institute of Medical Sciences with joint signatures affixed thereon and transfer administrative affairs to the President of the Institute of Medical Sciences. |
| (5) |
The incorporator shall be deemed dismissed from office upon completion of the transfer of administrative affairs under paragraph (4). |
Article 3 (Succession to Rights and Obligations)
| (1) |
The Institute of Medical Sciences shall succeed to the property, rights and obligations that the board of directors of the Korean Atomic Energy Research Institute under the Korean Atomic Energy Research Institute Act resolves to convey or transfer, out of the property, rights, and obligations of the Korean Atomic Energy Research Institute at the time this Act enters into force, upon completion of the registration of incorporation of the Institute of Medical Sciences. |
| (2) |
The title of the Korean Atomic Energy Research Institute stated in the registers of the property, rights, and obligations conveyed or transferred pursuant to paragraph (1) shall be deemed the title of the Institute of Medical Sciences. |
| (3) |
The value of the property to which the Institute of Medical Sciences shall succeed pursuant to paragraph (1) shall be the book value as on the day immediately before the registration date of the incorporation of the Institute of Medical Sciences. |
Article 4 (Status of Employees)
The employees of the pre-existing Institute of Radiological and Medical Sciences within the Korean Atomic Energy Research Institute under the Korean Atomic Energy Research Institute Act in force at the time it was established shall be deemed appointed as employees of the Institute of Medical Sciences at the time the Institute of Medical Sciences is incorporated.
Article 5 Omitted.
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. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 10774, Jun. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10909, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months from the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three monthsfrom the date of its promulgation.
Articles 2 through 5 Omitted.
