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Laws of the Republic of Korea |
[Enforcement Date: Feb. 29, 2008] [The Presidential Decree No. 20740, Feb. 29, 2008, Amendment of Other Acts]
Article 1 (Purpose)
The purpose of this decree is to provide matters delegated by the Act on Performance
Evaluation and Management of National Research
and Development Projects, etc. and
the matters necessary for the enforcement thereof.
Article 2 (Preparation of Implementation
Plan for Performance Evaluation)
(1) The Minister of Strategy and Finance pursuant to Article 9(1) of Framework Act on
Science
and Technology shall prepare an implementation plan for research and
development performance evaluation for the following year pursuant
to Article 5(2) of
Act on Performance Evaluation and Management of National Research and
Development Projects, etc. (hereinafter
referred to as "Act") no later than March 31 of
each year. Provided, That with regard to specific research and development projects
which are subject to specific evaluation among performance evaluation, the process and
performance of the corresponding projects
shall be considered, and implementation
plans may be prepared by November 30 of each year following the consultation with the
head
of the relevant center administrative agency.
Article 3 (Submission of Strategic Target, Performance Target and Performance
Indicator)
(1) The head of the central administrative agency and the research committee which was
established pursuant to Article 18 of Act
on the Establishment, Operation and Fosterage
of Government-Invested Research Institution of Science and Technology (hereinafter
referred to as "research committee") shall submit the strategic target and the
performance target and performance indicator by
year and phase of the research and
development projects under their control pursuant to Article 6(1) of the Act to the
Minister
of Strategy and Finance by April 30 of each year.
(2) The head of the central administrative agency and the research committee shall
submit the strategic target and the performance
target and performance indicator by year
and phase of the research institutions under their control pursuant to Article 6(1) of
the
Act to the Minister of Strategy and Finance by May 31 of each year.
Article 4 (Constitution of Performance Indicator Deliberation Council)
(1) Performance Indicator Deliberation Council (hereinafter
referred to as "council")
pursuant to Article 6(4) shall consist of not more than 20 members including one
chairperson.
(2) The chief of bureau in charge of evaluation in the Ministry of Strategy and Finance
shall become the chairperson of the council,
and the persons falling under each
following subparagraph shall become council members:
(i) A person who is a public official of
Grade 4 or higher in charge of research
and development projects and research performance in the relevant central
administrative
agency, and nominated by the chairperson of the council
with recommendation from the head of the agency to which he/she belongs.
(ii) A person who has an extensive experience and professional knowledge on
research and development projects and management of
research outcome,
and commissioned by the chairperson of the council with recommendation
from the head of the relevant central
administrative agency.
(3) The term of the council members pursuant to (2)(ii) shall be two years, and he/she
may be reappointed.
(4) The council shall have one executive secretary, who shall be appointed by the
chairperson of the council among public officials
belonging to the Ministry of Strategy
and Finance.
Article 5 (Operation of Deliberation Council)
(1) The chairperson of the deliberation council shall convene and preside over the
council's meetings.
(2) In case where the chairperson of the council wishes to convene a meeting, he/she
shall inform the date, time, place, and agenda
of meeting to each council member seven
(7) days before the opening of the meeting: Provided, That this shall not apply in case
of
emergency or for any other inevitable reasons.
(3) The meeting of the council shall be opened by the presence of a majority of the
enrolled members, and the resolutions shall
be made by approval of the majority of its
members present.
(4) The council, if necessary to efficiently carry out its duties, may request the related
organizations and professionals to submit
relevant materials, state an opinion, and other
assistances necessary.
(5) Allowances and travel expenses may be provided to the council members and the
related professionals who attended the council,
within the limit of the budget; Provided,
that the same shall not apply to the cases where any members who are public officials
attend the council in direct connection with the duties under their jurisdiction.
(6) Other necessary matters related to the operation
of the council shall be determined
by the chairperson through the resolution of the council.
Article 6 (Conduct of High-level Evaluation)
The high-level evaluation pursuant to Article 7(3) of the Act (hereinafter referred to as
"high-level evaluation") shall be conducted
in writing on the results of the internal
performance evaluation submitted pursuant to Article 8(4) of the Act, in principle.
However,
if necessary, explanations of the related persons may be heard.
Article 7 (Objection against Specific Evaluation and Dominant Evaluation)
(1) When the head of the central administrative agency and the research committee have
an objection to the results of the specific
evaluation and high-level evaluation
pursuant to Article 7(1) through (3) of the Act, they shall file an objection within ten
days
from the date they are notified of said results.
(2) When the Minister of Strategy and Finance received objection pursuant to (1),
he/she shall inform the results of the deliberation to the head of the relevant central
administrative agency or the research committee
within twenty days from the date
he/she received objection. Provided, That, in a case where there is any inevitable
reason, the
period of deliberation may be extended no more than ten days.
Article 8 (Corrective Measures according to the Results of Specific Evaluation and
High-level Evaluation)
(1) When the head of the central administrative agency and the research committee are
requested to take corrective measures pursuant
to Article 7(4) of the Act, they shall
prepare an execution plan for corrective measures within two months from the date
they received
such requests, and submit such plan to the Minister of Strategy and
Finance.
(2) The Minister of Strategy and Finance may check up on whether the corrective
measures pursuant to Article 7(4) of the Act are
executed.
Article 10 (Submission of the Internal Performance Evaluation Results)
(1) In case where the head of the central administrative
agency and the research
committee conduct internal performance evaluation for the research and development
projects under their
control pursuant to Article 8(1) of the Act, they shall submit the
results thereof to the Minister of Strategy and Finance no later
than March 31 of each
year.
(2) In case where the head of the central administrative agency and the research
committee conduct internal performance evaluation
for the research institutions under
their control pursuant to Article 8(1) of the Act, they shall submit the results thereof to
the Minister of Strategy and Finance no later than April 30 of each year.
(3) In case where the head of the central administrative agency and the research
committee take necessary measures including amending
and redressing the
implementation plan pursuant to Article 10(2) of the Act, they shall submit the results
thereof along with the
results of the internal performance evaluation the following year.
Article 11 (Preparation of Implementation Plan for Management
of the Research
Outcome)
National Science and Technology Council shall prepare the implementation plan for
outcome management pursuant to Article 12(2) of
the Act no later than April 30 of
each year.
Article 12 (Preparation of Plan for Management and Utilization of Research Outcome
by Universities, etc.)
(1) The universities and the research institutions falling under each of the following
subparagraphs shall prepare the plan for
management and utilization of research
outcome pursuant to Article 13(1) of the Act:
(i) A university which carries out research and development projects and
research and development tasks, and has received a total
of over 10 billion
won as subsidies from the Government budget and funds for the past three
years
(ii) The research institutions pursuant to Article 2(iii)
(2) National Science and Technology Council shall prepare the guideline
to establish a
plan for management and utilization of research outcome for the following year in
advance and notify the universities
and the research institutions applicable to
subparagraphs of paragraph (1), to have such universities and research institutions
prepare and implement a plan for management and utilization of research outcome.
(3) The heads of the universities and the research
institutions applicable to
subparagraphs of paragraph (1) shall prepare a plan for management and utilization of
research outcome
and submit such plan to the head of the relevant central administrative
agency no later than January 31 of each year.
(2) Specialized agency for management of research outcome may organize and operate
a committee, if necessary to efficiently perform
duties pursuant to Article 16(1) of the
Act.
Article 14 (Training)
The basic guideline pursuant to Article 17(2) of the Act shall include the matters falling
under each of the following subparagraphs:
(i) Basic direction of the training;
(ii) Subject of the training and training method;
(iii) Contents of the training; and
(iv) Other basic matters concerning training.
Article 15 (Request for Submission of Documents to the Related Agencies, etc.)
(1) National Science and Technology Council (limited
to perform the duties falling
under (iii)) and the Minister of Strategy and Finance may request the head of the related
central
administrative agency and the research committee to submit the related
documents, if necessary to perform the duties falling under
each of the following
subparagraphs. In this case, the head of the related central administrative agency and the
research committee
shall comply with such a request unless they have any justifiable
reasons such as matters related to national defense or national
security.
(i) Preparation of the basic plan for performance evaluation and the
implementation plan for performance evaluation pursuant to
Article 5 of
the Act
(ii) Conduct of specific evaluation and high-level evaluation pursuant to
Article 7 of the Act
(iii) Preparation of the basic plan for outcome management and the
implementation plan for outcome management pursuant to Article
12 of
the Act
(2) When National Science and Technology Council and the Minister of Strategy and
Finance request submission of the related documents
pursuant to paragraph (1), they
shall determine and announce the list of documents and preparation method in advance.
Article 16 (Delegation of Authority)
National Science and Technology Council, pursuant to Article 20 of the Act, delegates
the authority falling under each of the following
subparagraphs to the operation council
pursuant to Article 9(8) of Framework Act on Science and Technology:
(i) Deleted
(ii) Deleted
(iii) Deleted
(iv) Conduct of evaluation for scientific and technological innovation
capabilities pursuant to Article 11(1) of the Act, and preparation
of the
report on national scientific and technological innovation capabilities
(v) Preparation of implementation plan for management
of the research
outcome pursuant to Article 12(2) of the Act
(vi) Deleted
ADDENDA(The office Organization of the Ministry of Education, Science and
Technology and its subordinate agencies)
This decree enters into force on the date of its promulgation.
Articles 2 to 6 Omitted.
Article 7 (Amendment of Other Laws and Regulations)
Omitted from (1) to <77>
<78> The following provisions of the Enforcement Decree of Act on Performance
Evaluation and Management of National Research and Development
Projects, etc. shall
be amended as follows:
In main text of Article 2(1), Article 3(1) and (2), main text of Article 7(2), Article 8(1)
and (2), Article 10(1) and (2), "National
Science and Technology Council" reads "the
Minister of Strategy and Finance."
Article 2(2), Article 16(i), (ii), (iii) and (vi) shall be deleted respectively.
In Article 4(2), "the director of the bureau of
technological innovation evaluation at the
Ministry of Science and Technology" reads "the chief of bureau in charge of evaluation
in the Ministry of Strategy and Finance," and in (4) of same Article, "public officials
belonging to the Ministry of Science and
Technology who are in charge of affairs
regarding scientific and technological innovation" reads "public officials belonging to
the Ministry of Strategy and Finance."
In Article 12(3), "The minister of Science and Technology" shall be deleted.
In the former part of Article 15(1), "National Science
and Technology Council" reads
"National Science and Technology Council (limited to perform the duties falling under
(iii)) and
the Minister of Strategy and Finance."
In Article 15(2), "National Science and Technology Council" reads "National Science
and
Technology Council and the Minister of Strategy and Finance."
From <79> to <102> Omitted.
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