CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to promote the establishment of a rational national research system and the managerial rationalization and development of government-invested research institutions by providing for basic matters on the establishment, support, fosterage, and systematic and responsible management of government-invested research institutions.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 2 (Definitions) |
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The term "government-invested research institution" in this Act means an institution invested by the Government, whose primary purpose is a research and study.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 3 (Restrictions on Establishment of Research Institutions) |
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No government-invested research institutions (hereinafter referred to as the "research institutions") shall be established except as provided for in this Act: Provided, That the establishment of a research institution for the field of science and technology shall be prescribed by a different Act.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 4 (Legal Personality) |
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Research institutions and the Korea Research Council for Economy, Humanities and Social Sciences (hereinafter referred to as the "Research Council") established under this Act shall be juristic persons.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 5 (Operational Resources) |
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| (1) |
Research institutions and the Research Council shall be funded by Government contributions and other sources. |
| (2) |
The Government may grant contributions to research institutions and the Research Council within the limits of the budget to meet the expenses required for their establishment and operation. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 6 (Business Year) |
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The business year of research institutions and the Research Council shall be the same as the fiscal year of the Government.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 7 (Free Loan of State Property) |
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Notwithstanding the provisions of the State Property Act and the Commodity Management Act, the Government may loan and grant state property and goods to research institutions and the Research Council or have them use or benefit from state property and goods if necessary for their establishment and operation on such terms and conditions as the Presidential Decree may determine.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
CHAPTER II GOVERNMENT-INVESTED RESEARCH INSTITUTIONS
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| Article 8 (Establishment of Research Institutions) |
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| (1) |
Research institutions which may be established under this Act shall be those in the attached Table. |
| (2) |
A research institution shall be formed on filing a registration of incorporation at its principal office. |
| (3) |
Matters to be registered at its incorporation under paragraph (2) shall be as follows: |
| 1. |
Objectives (including its research fields; hereinafter the same shall apply); |
| 4. |
Name and address of the head of research institution; |
| 5. |
Methods of public notice. |
| (4) |
Matters necessary for the preparatory procedures for establishing research institutions shall be determined by the Presidential Decree. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 9 (Articles of Incorporation) |
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| (1) |
A research institution's articles of incorporation shall include matters under each of the following subparagraphs: |
| 3. |
Seat of its main office; |
| 4. |
Matters on business and its execution; |
| 5. |
Matters on property and accounting; |
| 6. |
Matters on officers and employees; |
| 7. |
Matters on amendments to the articles of incorporation; |
| 8. |
Matters on dissolution; |
| 9. |
Matters on the methods of public notice. |
| (2) |
In the case of amending a research institution's articles of incorporation, it shall be approved by the Research Council. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 10 (Guarantee of Autonomous Management, Etc.) |
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| (1) |
A research institution's independence and autonomy in its research and management shall be guaranteed. |
| (2) |
The head of a research institution (hereinafter referred to as the "president") shall take necessary measures for innovation in the management of the research institution. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 11 (Officers and Their Duties) |
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| (1) |
A research institution shall have one president. |
| (2) |
The president shall represent the research institution in the capacity of director and be responsible for its management. |
| (3) |
The president shall present a research institution's business goals to and obtain approval from the Research Council within the period as determined by the Presidential Decree from the date of his appointment. |
| (4) |
Where the president is unable to carry out his duties due to an inevitable cause, a person as provided for in the articles of incorporation of research institution shall perform the duties on his behalf. |
| (5) |
A research institution may have an auditor on such terms and conditions as the Presidential Decree may determine. |
| (6) |
The auditor shall audit the operations and accounts of the research institution. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 12 (Appointment and Terms of Officers) |
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| (1) |
The president and auditor of a research institution shall be appointed and dismissed by the chairman of the Research Council. |
| (2) |
In appointing a president pursuant to paragraph (1), candidates shall be recruited openly or recommended by a president recommendation committee as determined by the Presidential Decree. |
| (3) |
The president shall work full-time and his term of office shall be three years. |
| (4) |
The term of office of the auditor shall be three years. |
| (5) |
Specific matters relating to the appointment and dismissal of the president and auditor shall be determined by the Presidential Decree. |
| (6) |
Notwithstanding the provisions of paragraph (2), in case where the actual record of research and the management details of relevant research institution during president's term of office satisfy the criteria prescribed by the Presidential Decree as a result of evaluation on research institution under Article 28 (1), the chairman may reappoint the president of relevant research institution. In this case, notwithstanding the later part of Article 24 (2), the board of directors shall resolve by an affirmative vote of not less than two-thirds of the incumbent directors of the Research Council. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 12-2 (Restrictions on Application for and Recommendation of President by Directors in Posts) |
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Persons who are the directors of the Research Council (including the chairman) as of the date on which the board of directors of the Research Council passes resolution on the selection method of the president of research institution under Article 12 (2) shall not apply for a public recruitment of the president of relevant research institution, or be recommended as a candidate therefor.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 13 (Approval on Budget and Business Plan) |
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| (1) |
The head of the central administrative agency may present a written opinion annually to the Prime Minister stating priorities and budget requirements for projects deemed appropriate for research and study by a research institution on such terms and conditions as the Presidential Decree may determine. |
| (2) |
The Prime Minister shall notify the Research Council of the standards to be applied at the time of a research institution's budget request for the next business year (hereafter in this Article "standards for budget request") not later than April 15 each year after comprehensively reviewing the written opinion presented pursuant to paragraph (1), and the Research Council shall notify a research institution thereof. <Amended by Act No. 6353, Jan. 16, 2001; Act No. 7219, Sep. 23, 2004; Act No. 7573, May 31, 2005> |
| (3) |
A research institution shall prepare a budget request and business program for the next year based on the standards for budget request within the period as determined by the Presidential Decree, and present them to the Research Council. <Amended by Act No. 7573, May 31, 2005> |
| (4) |
The Research Council shall consider the budget requests and business programs presented pursuant to paragraph (3). In such case, it may coordinate the budget requests and business programs for the next year of the research institutions if necessary for the coordination and reorganization (including the establishment, combination, and dissolution of research institutions) of similar and overlapping functions between the research institutions. <Amended by Act No. 7573, May 31, 2005> |
| (5) |
The Research Council shall present the budget requests and business programs of research institutions considered under paragraph (4) all together to the Prime Minister within the period as determined by the Presidential Decree, and the Prime Minister shall notify the head of the central administrative agency thereof. <Amended by Act No. 7573, May 31, 2005> |
| (6) |
Where the national budget is compiled, a research institution shall present a budget and business plan for the relevant business year and obtain approval from the Research Council on such terms and conditions as the Research Council's articles of incorporation may determine. <Amended by Act No. 7573, May 31, 2005> |
| (7) |
Where a research institution intends to alter major contents in the budget or business plan approved pursuant to paragraph (6), it shall present in advance a budget or business plan specifying in detail the contents to be altered and the reasons therefor, and obtain approval from the Research Council. <Amended by Act No. 7573, May 31, 2005> |
| (8) |
The Research Council shall present the budget and business plan approved pursuant to paragraph (6) to the Prime Minister. The same shall apply where it grants approval on alteration pursuant to paragraph (7). |
| (9) |
Deadline for the presentation of the budget and business plan of the Research Council pursuant to paragraph (8) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 14 (Accounting Principles) |
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Accounting of a research institution shall expressly indicate the results of operation, increases and decreases of property, and fluctuations in property according to accounting principles as determined by the Government.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 15 (Submission, etc. of Closing Statement) |
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| (1) |
A research institution shall present a closing statement for the previous business year to the Research Council after the end of each business year on such terms and conditions as the Research Council's articles of incorporation may determine, and obtain its approval. |
| (2) |
The closing statement listed in paragraph (1) shall be accompanied by: |
| 1. |
Financial statement and documents attached thereto; |
| 2. |
Other documents necessary to specify the details of closing. |
| (3) |
The Research Council shall present closing statements of the research institutions approved pursuant to paragraph (1) all together to the Prime Minister within the period as determined by the Presidential Decree. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 16 (External Audit) |
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A research institution shall be audited by a certified public accountant (including an accounting firm; hereinafter the same shall apply) designated by the Research Council each business year, and disclose the results.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 17 (Dissolution, etc. of Research Institutions) |
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| (1) |
A research institution shall be dissolved where it falls under any of the following subparagraphs: |
| 1. |
Where the Research Council deems that it is impossible for a research institution to achieve its objectives as a result of an appraisal of the research institution's research results and substance of operations; |
| 2. |
Where the Research Council deems that it is desirable that a State agency directly conducts, or a legal person, organization, or individual other than the relevant research institution conducts the target business of a research institution; |
| 3. |
Where a cause for dissolution under the research institution's articles of incorporation occurs. |
| (2) |
Where a cause for dissolution under paragraph (1) 1 or 2 occurs, the Prime Minister may, on the request of the Research Council, order the dissolution of the relevant research institution. |
| (3) |
Where the Prime Minister intends to order the dissolution of a research institution under paragraph (2), he shall hold hearings. |
| (4) |
Where the Prime Minister dissolves a research institution pursuant to paragraphs (1) and (2), he shall report it to the competent standing committee of the National Assembly. |
| (5) |
Where a research institution is dissolved pursuant to paragraphs (1) and (2) or part of its functions are discontinued pursuant to Article 24 (2) 4, its residual property may revert to the National Treasury or be contributed to another research institution under this Act. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
CHAPTER III RESEARCH COUNCIL
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| Article 18 (Establishment of Research Council) |
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| (1) |
The Research Council shall be established for supporting, fostering, and systematically managing the research institutions. |
| (2) |
The Research Council shall be formed on filing a registration of incorporation at the seat of its main office. |
| (3) |
Matters to be registered at its incorporation under paragraph (2) shall be as follows: |
| 4. |
Names and addresses of officers; |
| 5. |
Methods of public notice. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 19 (Obligation of Research Council) |
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The Research Council shall guide and manage research institutions.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 20 (Articles of Incorporation) |
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| (1) |
The Research Council's articles of incorporation shall include matters under each of the following subparagraphs: |
| 3. |
Seat of its main office; |
| 4. |
Matters on business and its execution; |
| 5. |
Matters on property and accounting; |
| 6. |
Matters on officers and employees; |
| 7. |
Matters on the board of directors; |
| 8. |
Matters on amendments to the articles of incorporation; |
| 9. |
Matters on the recommendation of presidents; |
| 10. |
Matters on dissolution; |
| 11. |
Matters on the methods of public notice; |
| 12. |
Matters on the secretariat. |
| (2) |
Amendments to important matters as determined by the Presidential Decree among the Research Council's articles of incorporation shall be authorized by the Prime Minister through a resolution by the board of directors. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 21 (Business) |
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The Research Council shall conduct the following business in order to achieve the objectives listed in Article 1:
| 1. |
Research planning, and planning for the development directions of a research institution; |
| 2. |
Coordination of functions and reorganization (including the matters on the establishment, combination, and dissolution) of research institutions; |
| 3. |
Evaluation on research results and the substance of operations of research institutions; |
| 4. |
Assistance for cooperative research among research institutions; |
| 5. |
Other business necessary to achieve the Research Council's objectives. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 22 (Officers and Their Duties) |
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| (1) |
The Research Council shall have twenty or less directors including one chairman and one auditor. |
| (2) |
Officers shall work part-time. |
| (3) |
The chairman shall represent the Research Council and exercise general supervision over its operations. |
| (4) |
The auditor shall audit the operations and accounts of the Research Council. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 23 (Appointment and Terms of Officers) |
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| (1) |
A chairman shall be openly recruited, or appointed by the Prime Minister from among those recommended by a chairman recommendation committee as determined by the Presidential Decree. |
| (2) |
Directors (excluding the chairman) shall be those as determined by the Presidential Decree (hereinafter referred to as "ipso facto directors") and those as appointed by the Prime Minister on the recommendation of industrial, research, and academic circles through a resolution of the board of directors. |
| (3) |
Matters necessary for the recommendations of the chairman and directors (excluding ipso facto directors) under paragraphs (1) and (2) shall be determined by the Presidential Decree. |
| (4) |
The auditor shall be appointed and dismissed by the Prime Minister. |
| (5) |
The terms of office of the chairman, directors (excluding ipso facto directors), and auditor shall be three years. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 23-2 (Dismissal of Officers of Research Council) |
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The Prime Minister may, in cases where the chairman, directors (excluding ipso facto directors) or the auditor of the Research Council falls under any of the following subparagraphs, dismiss him/her:
| 1. |
Where he/she becomes unable to assume his/her work responsibilities for a long time due to physical/mental disease; |
| 3. |
Where he/she inflicts damage to the Research Council, in violation of Acts and subordinate statutes or the articles of incorporation of the Research Council; |
| 4. |
Where he/she is deemed, as a result of the appraisal pursuant to Article 29 (3), noticeably fall short of the capacity of management as an officer of the Research Council; |
| 5. |
Where he/she does an act degrading himself/herself regardless of his/her duties, or his/her qualification is deemed noticeably insufficient. |
[This Article Newly Inserted by Act No. 11025, Aug 4, 2011]
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| Article 24 (Board of Directors) |
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| (1) |
The Research Council shall have a board of directors. |
| (2) |
The following matters shall be subject to a resolution of the board of directors. In such case, resolutions of matters listed in subparagraphs 2 and 4 shall be made by an affirmative vote of a majority of all the directors: |
| 1. |
Matters on the approval of budget, closing accounts and business plans of the Research Council and research institutions; |
| 2. |
Matters on the appointment and dismissal of the president and auditor of a research institution; |
| 3. |
Matters on the approval of the business goals of a research institution; |
| 4. |
Matters on the coordination of functions and reorganization (including the establishment, combination, and dissolution) of research institutions; |
| 5. |
Matters on the evaluation of research results and substance of operations of research institutions; |
| 6. |
Matters on taking necessary measures for cooperative research among research institutions; |
| 7. |
Other matters as its articles of incorporation may determine. |
| (3) |
The board of directors shall be composed of directors including the chairman. |
| (4) |
The chairman shall convene and preside over meetings of the board of directors. |
| (5) |
The auditor may attend a meeting of the board of directors and state his opinion. |
| (6) |
Matters necessary for the board of directors shall be determined by its articles of incorporation. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 25 (Planning and Appraisal Committee and Management Council) |
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| (1) |
The Research Council may establish a planning and appraisal committee composed of experts in relevant fields to assist with coordinating functions between research institutions and appraising research institutions, and to give advice on the long-term development directions in the research fields. |
| (2) |
The Research Council may establish a management council composed of the chairman, directors, and presidents of research institutions to give advice on the Research Council's major policy-making. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 26 (Secretariat) |
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| (1) |
The Research Council shall have a secretariat to manage its business affairs. |
| (2) |
The organization, scope of functions, and budget of the secretariat, and other necessary matters shall be determined by the articles of incorporation. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 27 (Presentation, etc. of Budget Request) |
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| (1) |
The Research Council shall present a budget request for contributions for the next business year to the Prime Minister each business year on such terms and conditions as the Presidential Decree may determine. |
| (2) |
The Research Council shall make a report on the following matters to the Prime Minister on such terms and conditions as the Presidential Decree may determine: |
| 1. |
Business plan and budget by business year; |
| 2. |
Business earnings by business year and settlement of revenue and expenditure by business year, audited by certified public accountants. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 28 (Appraisal, etc. of Research Institutions) |
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| (1) |
The Research Council shall appraise the research results and substance of operations of research institutions in a fair and objective manner on such terms and conditions as the Presidential Decree may determine. |
| (2) |
The Research Council shall present the appraisal results under paragraph (1) to the Prime Minister and the Minister of Strategy and Finance on such terms and conditions as the Presidential Decree may determine. |
| (3) |
The Prime Minister shall file a report on the appraisal results submitted under paragraph (2) with the competent standing committee of the National Assembly. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
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| Article 29 (Supervisory Agency, etc.) |
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| (1) |
The Prime Minister shall be the supervisory agency over research institutions and the Research Council. <Amended by Act No. 11025, Aug 4, 2011> |
| (2) |
Deleted. <by Act No. 7219, Sep. 23, 2004> |
| (3) |
The Prime Minister shall appraise the guidance and management on research institutions under Article 19 and the business under Article 21 conducted by the Research Council, and shall notify the result of the appraisal to the Minister of Strategy and Finance. <Amended by Act No. 6329, Dec. 30, 2000; Act No. 7219, Sep. 23, 2004; Act No. 7573, May 31, 2005; Act No. 8852, Feb 29, 2008; Act No. 11025, Aug 4, 2011> |
| (4) |
The Prime Minister shall file a report on the appraisal results under paragraph (3) with the competent standing committee of the National Assembly. <Newly Inserted by Act No. 7573, May 31, 2005><Amended by Act No. 11025, Aug 4, 2011> |
[Title Amended by Act No. 11025, Aug 4, 2011]
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| Article 29-2 (Preparation, etc. of the Regulation on Professional Work) |
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| (1) |
Research institutions and the Research Council shall prepare a regulation on the professional work pursuant to subparagraph 31 of Article 2 of the Copyright Act (hereafter referred to as "professional work" in this Article). |
| (2) |
The regulation pursuant to paragraph (1) shall include matters on the scope of professional work and the ownership of copyright, etc. |
| (3) |
The Research Council may prepare a standard regulation on the professional work and recommend research institutions to comply with it. |
| (4) |
In cases where a research institution or the Research Council entrusts all or part of its works to a corporation, group or an individual person, matters concerning the copyright holder of the completed entrusted works and the ownership of copyright thereof shall be included in the service agreement. |
[This Article Newly Inserted by Act No. 11025, Aug 4, 2011]
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| Article 30 (Ban of Use of Same Name) |
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| (1) |
No person other than research institutions under this Act shall use a research institution's name established under this Act. |
| (2) |
No person other than the Research Council under this Act shall use the name of the Korea Research Council for Economy, Humanities and Social Sciences. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 31 (Duty of Confidentiality) |
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A person falling under any of the following subparagraphs shall not disclose secrets learned in the course of performing his/her duties or use them for any other purpose:
| 1. |
An officer or employee of a research institution or the Research Council or a person who has served in such position; |
| 3. |
A person who performs duties delegated by a research institution or the Research Council. |
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 32 (Mutatis Mutandis Applicable Provisions) |
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Except as otherwise provided in this Act, the provisions relating to an incorporated foundation in the Civil Act shall apply mutatis mutandis
to research institutions and the Research Council. In such case, the term "competent authorities" in the provisions of the Civil Act shall be deemed to read "Prime Minister".
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 33 (Fiction of Public Officials in Application of Penal Provisions) |
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The officers of research institutions and the Research Council and their employees as determined by the Presidential Decree shall be deemed to be public officials upon application of the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
CHAPTER V PENAL PROVISIONS
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| Article 34 (Penal Provisions) |
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A person who violates the provisions of Article 31 shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
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| Article 35 (Fine for Negligence) |
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A person who violates Article 30 shall be punished by a fine for negligence not exceeding three million won.
[This Article Wholly Amended by Act No. 11025, Aug 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Preparation for Establishment of Research Council)
| (1) |
The Prime Minister shall commission organizers and have them conduct the affairs on the establishment of the Research Council prior to the entry into force of this Act. |
| (2) |
The organizers shall draw up the Research Council's articles of incorporation and have them authorized by the Prime Minister. |
| (3) |
Directors of the Research Council at its establishment (excluding ipso facto directors) shall be appointed by the Prime Minister on the recommendation of industrial, research and academic circles. |
| (4) |
The chairman of the Research Council at its establishment shall be appointed by the Prime Minister on the recommendation of the Research Council's directors and ipso facto directors referred to in paragraph (3). |
| (5) |
Where authorization referred to in paragraph (2) is granted, organizers shall promptly make a registration of the Research Council's incorporation under their joint signature and then transfer their business to the chairman. |
| (6) |
Organizers shall be deemed to be decommissioned where they complete the transfer of business under the provisions of paragraph (5). |
Article 3 (Special Cases for Terms of Research Council' Directors)
| (1) |
Notwithstanding the provisions of Article 23 (5), the terms of the Research Council' directors (excluding chairman) shall be one, two, or three years, and it shall be ensured that the number of directors whose terms are one, two or three years is equal. |
| (2) |
The matters necessary to determine the terms of directors pursuant to paragraph (1) shall be determined by the Research Council's articles of incorporation. |
Article 4 (Repeal of Other Acts)
The following Acts shall be hereby repealed:
Article 5 Omitted.
Article 6 (Transitional Measures on Succession to Rights and Duties)
| (1) |
Research institutions listed on the left column of the following chart at the time of the entry into force of this Act shall be research institutions listed on the right column. |
| (2) |
Research institutes listed on the left column of the following chart (hereinafter in this paragraph referred to as "former institutions") at the time of the entry into force of this Act may make a request to the Prime Minister for approval that research institutions listed on the right column, established under this Act (hereinafter in this paragraph referred to as "new institutions") succeed to all their rights and duties, and if former institutions obtain approval from the Prime Minister, notwithstanding the provisions on the dissolution and liquidation of corporations in the Civil Act, they shall be deemed to have been dissolved and all the rights and duties vested in and imposed on former institutions shall be succeeded to by new institutions. |
| Korea Education Development Institute |
Korea Education Development Institute |
| Korea Rural Economic Institute |
Korea Rural Economic Institute |
| Korea Research Institute for Human Settlements |
Korea Research Institute for Human Settlements |
| Korea Food Research Institute |
Korea Food Research Institute |
| Korea Ocean Research and Development Institute |
Korea Ocean Research and Development Institute |
| Korea Institute of Science and Technology |
Korea Institute of Science and Technology |
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| Korea Institute of Geology, Mining and Materials |
Korea Institute of Geology, Mining and Materials |
| Korea Institute of Machinery and Materials |
Korea Institute of Machinery and Materials |
| Korea Aerospace Research Institute |
Korea Aerospace Research Institute |
| Korea Institute of Energy Technology |
Korea Institute of Energy Technology |
| Korea Electrotechnology Research Institute |
Korea Electrotechnology Research Institute |
| Korea Research Institute of Chemical Technology |
Korea Research Institute of Chemical Technology |
|
| (3) |
Names on the registers or other official books of research institutions listed on the left column of charts in paragraphs (1) and (2) (hereinafter referred to as "former institutions") at the time of the entry into force of this Act shall be deemed names of research institutions listed on the right column (hereinafter referred to as "new institutions") in the same charts: Provided, That for the Korea Institute of Industrial Technology, the name on the register or other official books relating to projects referred to in Article 15 (4) 1 of the former Act on the Establishment of Industrial and Energy Technology Foundation shall be deemed the name of the Korea Institute of Industrial Technology under this Act. |
Article 7 (Transitional Measures on Officers)
| (1) |
The heads and auditors of former institutions at the time of the entry into force of this Act shall be deemed the heads and auditors of new institutions until new ones are appointed pursuant to Article 12: Provided, That they shall not hold office above the remainder of their term. |
| (2) |
The directors of former institutions at the time of the entry into force of this Act shall be deemed to have been dismissed at the time of the entry into force of this Act. |
Article 8 (Transitional Measures on Accounting)
| (1) |
Any property, at the time of establishing a former institution, which was property other than government property, contributed to the research institution on government approval and being accounted separately at the time of the entry into force of this Act shall be accounted separately from other accounts. |
| (2) |
Where any new institution, having property separately accounted pursuant to paragraph (1), is dissolved pursuant to Article 17 or part of its functions are closed down, the property for carrying out such functions may be reverted to a corporation established pursuant to Article 32 of the Civil Act and carrying out any similar functions. |
Article 9 (Transitional Measures on Economics Information Center and Graduate School of International Strategy)
The Center for Economic Information and KDI School of Policy and Management established at the Korea Development Institute pursuant to Article 3 (3) and (4) of the former Korea Development Institute Act at the time of the entry into force of this Act shall be deemed the Center for Economic Information and KDI School of Policy and Management established at the Korea Development Institute, respectively, under this Act.
Article 10 (Transitional Measures on Penal Provisions)
With respect to any Acts to be repealed or amended pursuant to Articles 4 and 5 of the Addenda, the application of penal provisions (including a fine for negligence) to acts committed prior to the entry into force of this Act shall be governed by the former provisions.
Article 11 (Relationship to Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite former institutions at the time of the entry into force of this Act, they shall be deemed to cite new institutions in place of such former institutions.
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6329, Dec. 30, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2001.
Article 2 (Transitional Measures on Succession to Rights and Duties)
| (1) |
The Korea Institute of Industry and Technology at the time when this Act enters into force shall be deemed the Korea Institute of Science and Technology Information under this Act. |
| (2) |
The Korea Research and Development Information Center shall be deemed to be dissolved at the time when this Act enters into force, notwithstanding Article 17 and the provisions of dissolution and liquidation of a juristic person under the Civil Act, and the Korea Institute of Science and Technology Information shall succeed to all rights and duties that belong to the Korea Research and Development Information Center. |
| (3) |
Employees of the Korea Research and Development Information Center at the time when this Act enters into force shall be deemed employees of the Korea Institute of Science and Technology Information. |
| (4) |
Names on the register or other official books of the Korea Research and Development Information Center at the time when this Act enters into force shall be deemed names of the Korea Institute of Science and Technology Information under this Act. |
Article 3 (Transitional Measures on Transfer of Names of Research Institutions)
Research Institutes listed on the left column of the following chart shall be deemed research institutes listed on the right column of the same chart at the time when this Act enters into force.
| Korea Ocean Research and Development Institute |
Korea Ocean Research and Development Institute |
| Korea Institute of Geology, Mining and Materials |
Korea Institute of Geoscience and Mineral and Resources |
| Korea Aerospace Research Institute |
Korea Aerospace Research Institute |
| Korea Institute of Energy Technology |
Korea Institute of Energy Technology |
| Korea Electrotechnology Research Institute |
Korea Electrotechnology Research Institute |
| Korea Research Institute of Chemical Technology |
Korea Research Institute of Chemical Technology |
| Korea Basic Science Institute |
Korea Basic Science Institute |
| Korea Research Institute of Bioscience and Biotechnology |
Korea Research Institute of Bioscience and Biotechnology |
|
Article 4 Omitted.
Article 5 (Relationship to Other Acts and Subordinate Statutes)
Where research institutions listed on the left column of the following chart have been cited by other Acts and subordinate statutes at the time when
this Act enters into force, in lieu of such research institutions, research institutions listed on the right column shall be deemed to have been cited.
| Korea Institute of Industry and Technology or Korea Research and Development Information Center |
Korea Institute of Science and Technology Information |
| Korea Ocean Research and Development Institute |
Korea Ocean Research and Development Institute |
| Korea Institute of Geology, Mining and Materials |
Korea Institute of Geoscience and Mineral Resources |
| Korea Aerospace Research Institute |
Korea Aerospace Research Institute |
| Korea Institute of Energy Technology |
Korea Institute of Energy Research |
| Korea Electrotechnology Research Institute |
Korea Electrotechnology Research Institute |
| Korea Research Institute of Chemical Technology |
Korea Research Institute of Chemical Technology |
| Korea Basic Science Institute |
Korea Basic Science Institute |
| Korea Research Institute of Bioscience and Biotechnology |
Korea Research Institute of Bioscience and Biotechnology |
|
ADDENDA <Act No. 6353, Jan. 16, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 6790, Dec. 18, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7219, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7573, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Application Example concerning Approval for Closing Accounts and Report on Appraisal Results)
The amended provisions of Articles 15 (1) and (3), 24 (2) 1, 28 (3), and 29 (4) shall be applicable starting from the portion of closing accounts and appraisal of the Research Council and research institutions for objects of year 2005 after the enforcement of this Act.
Article 3 (Preparation for Establishment of Research Council)
| (1) |
The Prime Minister shall commission the establishment members of the Research Council prior to the enforcement of this Act, and have them dispose of the affairs of the establishment of the Research Council. |
| (2) |
The establishment members shall prepare the articles of incorporation of the Research Council, and obtain an authorization of the Prime Minister. |
| (3) |
The chairman of the Research Council at the time of establishment shall be the person to be named by the Prime Minister, notwithstanding the provisions of Article 23, from among the chairman of the Korea Council of Economy and Social Research Institutes or the Korea Research Council for Humanities and Social Sciences before the enforcement of this Act, and his term of office shall be the remaining term under the previous provisions at the time of enforcement of this Act. |
| (4) |
The director (excluding the ipso facto director) of the Research Council at the time of establishment shall, notwithstanding the provisions of Article 23, be appointed by the Prime Minister at the recommendation of the establishment committee consisted of the establishment members. |
| (5) |
When the establishment members have obtained an authorization |
under paragraph (2), they shall make without delay an establishment registration of the Research Council under joint signature, and there after they shall transfer the business to the chairman under the provisions of paragraph (3).
| (6) |
The establishment members shall be deemed to have been dismissed when the transfer of business under paragraph (5) was finished. |
Article 4 (Special Cases for Term of Directors of Research Council)
| (1) |
Notwithstanding the provisions of Article 23 (5), the term of directors of the Research Council at the time of establishment (excluding the chairman and ipso facto directors) shall be separately provided, such as 1, 2 or 3 years for each director. |
| (2) |
Matters necessary for providing the term under paragraph (1) shall |
be provided by the articles of incorporation of the Research Council.
Article 5 (Transitional Measures concerning Succession, etc. to Rights and Obligations)
| (1) |
The Korea Council of Economy and Social Research Institutes and the Korea Research Council for Humanities and Social Sciences at the time of enforcement of this Act shall be deemed to have been dissolved, notwithstanding the provisions of dissolution and liquidation of a juristic person in the Civil Act, and the whole rights and obligations of the Korea Council of Economy and Social Research Institutes and the Korea Research Council for Humanities and Social Sciences shall be succeeded by the Korea Research Council for Economy, Humanities and Social Sciences to be established under the amended provisions of Article 18 (1). |
| (2) |
The title of the Korea Council of Economy and Social Research Institutes and the Korea Research Council for Humanities and Social Sciences on the register and other public ledgers at the time of enforcement of this Act shall be deemed to be the title of the Korea Research Council for Economy, Humanities and Social Sciences to be established under the amended provisions of Article 18 (1). |
Article 6 (Transitional Measures following Title Alteration of Research Institutions)
The Korea Transport Development Institute at the time of enforcement of this Act shall be deemed to be the Korea Transport Institute.
Article 7 Omitted.
Article 8 (Relations with Other Acts and Subordinate Statutes)
| (1) |
Where other Acts and subordinate statutes cite the Korea Council of Economy and Social Research Institutes and the Korea Research Council for Humanities and Social Sciences at the time of enforcement of this Act, it shall be construed to have cited the Korea Research Council for Economy, Humanities and Social Sciences to be established under the amended provisions of Article 18 (1) in lieu of the relevant provisions. |
| (2) |
Where other Acts and subordinate statutes cite the Korea Transport Development Institute at the time of enforcement of this Act, it shall be construed to have cited the Korea Transport Institute in lieu of the relevant provisions. |
ADDENDA <Act No. 8432, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relations to Other Acts and Subordinate Statutes)
Any citation of the Korea Women's Development Institute or the Korea Institute for Youth Development in any other Act or subordinate statute at the time this Act enters into force shall be considered to be a citation of the Korean Women's Development Institute or the National Youth Policy Institute, respectively.
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.
ADDENDUM <Act No. 11025, Aug 4, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11934, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures to Change in Name of Research Institute)
The Korea Tax Institute shall be construed as the Korea Institute of Public Finance at the time this Act enters into force.
Article 3 (Relations to Other Acts and Subordinate Statutes)
When the Korea Tax Institute is applied in other Acts and subordinate statutes at the time this Act enters into force, it shall be deemed that the Korea Institute of Public Finance of this Act is applied in lieu of the former provisions.
