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ENFORCEMENT DECREE OF THE NANOTECHNOLOGY DEVELOPMENT PROMOTION ACT

[Enforcement: Feb. 29, 2008] [Act No. 20740, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Education, Science and Technology (Future Fundamental Technology Division) 02-2100-6833

Article 1 (Purpose)

The purpose of this Decree is to prescribe the matters delegated by the Nanotechnology Development Promotion Act and matters required for the enforcement thereof. Article 2 (Comprehensive Development Plan for Nanotechnology) (1) The Minister of Education, Science and Technology shall formulate a comprehensive development plan for nanotechnology as referred to in Article 4 (1) of the Act (hereinafter referred to as the "comprehensive development plan") every five years.

(2) The Minister of Education, Science and Technology shall notify the heads of the central administrative agencies concerned of the comprehensive development plan confirmed under Article 4 (3) of the Act. (3) The Minister of Education, Science and Technology shall include the matters on promoting nanotechnology R&D under subparagraph 3 of Article 4 (4) of the Act, by divided into research and development in the following subparagraphs:

1. Basic research for expansion of intellectual foundation;

2. Development of basic and source technology to innovate the existing knowledge; and

3. Development of core strategic technology which can industrialize technologies after five to ten years.

(4) The term "other important matters concerning nanotechnology development as determined by Presidential Decree" in subparagraph 7, Article 4 (4) of the Act means those listed in each of the following subparagraphs:

1. Matters on the development and support for a nanotechnology research complex;

2. Matters on the establishment of a nanotechnology standard measurement system;

3. Matters on impact assessment of nanotechnology; and

4. Matters on the support for nanotechnology development in the private sector. Article 3 (Formulation of Implementation Plan)

(1) The Minister of Education, Science and Technology shall establish the guidelines of formulating annual implementation plans (hereinafter referred to as "implementation plan guidelines") for the next year, which are needed to the heads of central administrative agencies concerned in formulating annual implementation plans (hereinafter referred to as the "implementation plans") under Article 5 (1) of the Act, and notify the mentioned heads of the guidelines by Oct. 31 every year. (2) The Minister of Education, Science and Technology may, where necessary to formulate the implementation plan guidelines, request the heads of the central administrative agencies concerned to submit the related data. (3) The Minister of Education, Science and Technology shall have the heads of central administrative agencies submit the implementation plans for the next year by Dec. 31 and the performance results of the previous year by Jan. 31, and draft the plans and results together and report them to the National Science and Technology Council under Article 9 (1) of the Framework Act on Science and Technology by Apr. 30 of every year.

Article 4 (Promotion of R&D)

The heads of the central administrative agencies shall, in formulating support policies and measures under Article 6 (1) of the Act, conduct comprehensive evaluation of the results of nanotechnology R&D activities, technical competitiveness, etc. for the fields under their respective jurisdiction every three years, and reflect the evaluation results in the policies and measures.

Article 5 (Preparation of Nanotechnology Map)

(1) The Minister of Education, Science and Technology shall prepare a comprehensive technology map in the nanotechnology field under Article 6 (3) of the Act (hereinafter referred to as the "technology map") every five years, and notify it to the heads of the central administrative agencies concerned. (2) The Minister of Education, Science and Technology may, when he/she deems it necessary to prepare the technology map, request research institutes, universities and companies participating in national R&D projects to submit the related data.

(3) The technology map shall include matters in each subparagraph hereunder:

1. Development trends and advancement prospects in major area of nanotechnology;

2. Demand for key nanotechnologies and their market prospect;

3. Analysis of research capabilities and restraining factors in nanotechnology development;

4. Analysis of nanotechnology gap with the advanced countries and countermeasure strategy;

5. Period required to realize key nanotechnologies and realization possibility; and

6. Analysis on patents of key nanotechnologies. (4) The Minister of Education, Science and Technology shall, when he/she deems it necessary in view of the advancement in nanotechnology, revise and complement the technology map.

(5) The heads of the central administrative agencies concerned may prepare a technology map of nanotechnology for the field under their respective jurisdiction. Article 6 (Investigation and Analysis of Development Trend and Investment Direction for Nanotechnology)

The heads of the central administrative agencies concerned shall investigate and analyze the trend, etc. of major countries on matters in each subparagraph hereunder every year under Article 6 (6) of the Act, and reflect the results in the nanotechnology-related policies and implementation plans under their respective jurisdiction:

1. Support policy and advancement strategy of nanotechnology;

2. Level of nanotechnology;

3. Current status of promoting nanotechnology R&D;

4. Efforts to put nanotechnology research results into practical use; and

5. Priority investment direction for nanotechnology development. Articles 7 (Nanotechnology Research Council)

(1) The nanotechnology research council under Article 7 (1) of the Act (hereinafter referred to as the "Council") shall consist of not more than 30 members including a chairman, and its members shall be the experts in the private sector of industries, academia and research circles who have professional learning and experience in nanotechnology.

(2) Necessary matters concerning the organization and operation of the Council, other than those provided for in this Decree, shall be determined by the chairman of the Council.

Article 8 (Support for Technology Development in Private Sector) The heads of the central administrative agencies concerned shall devise policies and measures to encourage matters in each of the following subparagraphs in order for private enterprises to vitalize nanotechnology R&D and facilitate the resultant industrialization:

1. Increase of investment for nanotechnology R&D;

2. Facilitating cooperative research among industries, academia and research circles in the nanotechnology field;

3. Efforts to put nanotechnology R&D results into practical use and facilitate industrialization; and

4. Development and diffusion of standard measuring technology in the nano field. Article 9 (Investigation and Analysis of Nanotechnology R&D Activities) (1) The Minister of Education, Science and Technology shall investigate and analyze (hereinafter referred to as "investigate/analyze") the nanotechnology R&D activities in the private sector every year under Article 9 (1) of the Act, and notify the results to the heads of the central administrative agencies concerned. (2) The objects to be investigated/analyzed shall be as per the following subparagraphs:

1. Current status of R&D organizations and persons engaged in R&D related to nanotechnology;

2. Current status of investment for nanotechnology R&D;

3. Current status of nanotechnology development and prospect of industrialization;

4. Current status of research facilities and equipment related to nanotechnology; and

5. Opinions on nanotechnology R&D activities, such as demands for technologies. (3) The heads of the central administrative agencies concerned shall, upon receiving the results of investigation and analysis under paragraph (1), reflect them in nanotechnology- related policies and implementation plans for the field under their respective jurisdiction. (4) The heads of the central administrative agencies may, in the cases where necessary, conduct investigation and analysis for the field under their respective jurisdiction. (5) The Minister of Education, Science and Technology may have the following institutions, corporations or organizations conduct the investigation and analysis projects:

1. Research institutes specializing in nanotechnology under Article 13 of the Act; and

2. Corporations or organizations under Article 17 of the Act. Article 10 (Cultivation of Nanotechnology Manpower) (1) The plan for fostering human resources in nanotechnology under Article 10 (1) of the Act shall include the matters in each of the following subparagraphs:

1. Matters on the prospect of mid and long term supply and demand of human resources in nanotechnology;

2. Matters on the development of interdisciplinary education and training programs in the nanotechnology field;

3. Matters on the development and operation of education and training programs utilizing the NanoFab Center;

4. Matters on the inducement and utilization of competent human resources for research in the nanotechnology field from foreign nations; and

5. Matters on the expansion of education and training institutions to foster human resources in nanotechnology.

(2) The Minister of Education, Science and Technology shall establish the forecast of supply and demand of nanotechnology human resources every three years under Article 10 (2) of the Act, and notify such forecast to the heads of the central administrative agencies concerned.

(3) The Minister of Education, Science and Technology may, in order to establish the forecast for the supply and demand of human resources under paragraph (2), request the relevant central administrative agencies, research institutes, universities, and enterprises which participated in national R&D projects, etc. to submit the necessary data.

(4) The institutions to which the task of fostering human resources in nanotechnology may be entrusted under Article 10 (3) of the Act shall be those in each of the following subparagraphs:

1. NanoFab Center established under Article 11 (2) of the Act;

2. Research institute specializing in nanotechnology under Article 13 (1) of the Act;

3. Universities under subparagraph 1, Article 2 of the Higher Education Act;

4. Research institutions related to basic, industrial and public technology, among the research institutions under the Attached Table of the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions;

5. Research institutions under each subparagraph of Article 3, the Enforcement Decree of the Support of Specific Research Institutions Act; and

6. Other institutions or organizations deemed by the heads of the central administrative agencies concerned as necessary to foster human resources in nanotechnology. Article 11 (NanoFab Center)

The NanoFab Center under Article 11 (2) of the Act shall be established and operated as a juridical person, however, it may be operated provisionally as a subsidiary of another juridical person or organization until it is furnished with the finances and human resources satisfying the requirements for autonomous operation. Article 12 (Efforts to Put R&D Results into Practical Use) The support policies and measures for facilitating nanotechnology into practical use under Article 12 of the Act are as seen in each of the following subparagraphs:

1. Support for operating a department which shall be exclusively engaged in efforts for practical use, by each of the institutions falling under subparagraphs of Article 13 (1) (hereafter referred to as "research institutes, etc.");

2. Fosterage and support of business incubators that aim to provide founders with a work place, facilities, technology, information, etc. in order to facilitate the founding of and nurturing of technology-intensive ventures;

3. Mediation of capital loans and provision of management counseling for ventures that can put nanotechnology into practical use;

4. Support for the utilization of technology, information, equipment, facilities and site that belong to research institutes, etc., by those who intend to transform nanotechnology into practical use; and

5. Reduction or exemption of royalties for using technologies covered by the industrial property rights owned by research institutes, etc. following the execution of national R&D projects under subparagraph 1, Article 2 of the Rules on Management, Etc. of National Research and Development Projects.

Article 13 (Designation of Research Institute Specializing in Nanotechnology) (1) The research institutes specializing in nanotechnology under Article 13 (1) of the Act (hereinafter in this Article referred to as the "research institute specialized in nanotechnology") shall be designated by the Minister of Education, Science and Technology from the institutions in each subparagraph hereunder:

1. Universities under subparagraph 1, Article 2 of the Higher Education Act;

2. Research institutions related to basic, industrial and public technologies, among the research institutions under the Attached Table of the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions;

3. Research institutions under each subparagraph of Article 3, the Enforcement Decree of the Support of Specific Research Institutions Act;

4. National and public research institutions; and

5. Government-funded institutions established under the pertinent laws. (2) The Minister of Education, Science and Technology shall, when designating research institutes specializing in nanotechnology, consider the matters in each of the following subparagraphs:

1. Achievements in research and development related to nanotechnology;

2. Current status of research foundation secured, such as human resources for research, facilities, equipment and information related to nanotechnology; and

3. Whether the cooperative system is operated among industries, academia and research circles in relation to nanotechnology.

(3) The Minister of Education, Science and Technology shall, upon designating a research institute specializing in nanotechnology, issue public notice of the matters in each of the following subparagraphs:

1. Name and address of the designated institute;

2. Year, month and date of the designation and its duration; and

3. Functions and roles of the institute. (4) The head of the research institute specializing in nanotechnology, which is designated under paragraph (1), shall submit its business plan for the current year and performance results of the previous year to the Minister of Education, Science and Technology by Jan. 31 of every year.

Article 14 (Building Nanotechnology Information System) (1) The term "other matters related to nanotechnology information as prescribed by Presidential Decree" in subparagraph 4, Article 14 (1) of the Act means the matters in each of the following subparagraphs:

1. Support for institution that manages and distributes nanotechnology information;

2. Standardization in management and distribution of nanotechnology information. (2) The institution specializing in nanotechnology information under Article 14 (2) of the Act shall be designated from the research institutions in each of the following subparagraphs:

1. Research institutions related to basic, industrial and public technologies, among the research institutions under the Attached Table of the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions; and

2. Research institutions under each subparagraph of Article 3, the Enforcement Decree of the Support of Specific Research Institutions Act. Article 15 (Support for Development of Nanotechnology Research Complex) (1) The nanotechnology research complex under Article 16 of the Act shall be developed according to the designation and development procedures of national industrial complexes or local industrial complexes prescribed by the Industrial Sites and Development Act.

(2) The Minister of Education, Science and Technology may designate the nanotechnology research complex centering on the area where any of the following institutions is settled, subject to consultation with the head of the central administrative agency concerned:

1. Research institutions related to basic, industrial and public technologies, among the research institutions under the Attached Table of the Act on the Establishment, Operation and Fosterage of Government-Funded Research Institutions;

2. Universities, polytechnics, colleges and technical colleges under Article 2 of the Higher Education Act;

3. Research institutes annexed to companies under subparagraph 2, Article 7 of the Technology Development Promotion Act;

4. Industrial technology research cooperatives under the Industrial Technology Research Cooperative Act;

5. Research institutions under each subparagraph of Article 3 of the Enforcement Decree of the Support of Specific Research Institutions Act;

6. Government-funded institutions established under the pertinent laws;

7. National and public research institutions. (3) The head of the central administrative agency concerned may support matters in each of the following subparagraphs for the research institutions, universities, etc. which are settled in the nanotechnology research complex designated under paragraphs (1) and (2):

1. Nanotechnology R&D under Article 6 of the Act;

2. Fostering and utilization of human resources specializing in nanotechnology under Article 10 of the Act;

3. Expansion of R&D facilities, equipment, etc. related to nanotechnology under Article 11 of the Act;

4. Facilitation to put nanotechnology into practical use under Article 12 of the Act; and

5. Building a management and distribution system of nanotechnology information under Article 14 of the Act.

(4) The head of the local government concerned shall, when intending to receive the subsidy under Article 16 (2) of the Act, file a request for subsidy payment by attaching documents in subparagraphs hereunder to the head of the central administrative agency concerned:

1. Development plan of nanotechnology research complex; and

2. Breakdown of project requirements. Article 16 (Nonprofit Corporation or Organization to be Fostered) (1) The nonprofit corporations or organizations to be fostered under Article 17 (2) of the Act shall be as seen in each of the following subparagraphs:

1. Nanotechnology research council established under Article 7 of the Act;

2. Industrial technology research cooperative in the nanotechnology field, among the industrial technology research cooperatives under the Support of Industrial Technology Research Cooperatives Act; and

3. Other research or scientific corporation and organization in the nanotechnology field, which are deemed by the Minister of Education, Science and Technology to have excellent research achievements in nanotechnology. Article 17 (Scope and Procedure of Nanotechnology Impact Assessment) (1) The Minister of Education, Science and Technology may, in order to conduct an impact assessment of nanotechnology under Article 19 of the Act, formulate an implementation plan through consultation with the head of the central administrative agency concerned, and may have a corporation, organization or institution related to nanotechnology execute it. (2) The impact assessment of nanotechnology shall include matters in each of the following subparagraphs:

1. Effects of the advancement and industrialization of nanotechnology to the increase of benefits in the lives of people and development of related industries;

2. Effects of the advancement and industrialization of nanotechnology to the overall society and the nation; and

3. Negative effects which may be incurred by nanotechnology, and their preventive measures.

(3) The Minister of Education, Science and Technology shall notify the results of the nanotechnology impact assessment under paragraph (1) to the heads of the central administrative agencies concerned. (4) The heads of the central administrative agencies concerned shall, upon receiving the results of the nanotechnology impact assessment, reflect them in the research plan for national R&D projects under their respective jurisdiction, or formulate measures to minimize the negative effects which may be incurred by nanotechnology and execute them.

(5) The heads of the central administrative agencies concerned may, where necessary, conduct nanotechnology impact assessments for the fields under their respective jurisdiction.

ADDENDA (Office Organization of the Ministry of Education, Science and Technology, and the agencies belonging to the Ministry) Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 6 Omitted.

Article 7 (Amendment of Other Laws and Regulations) through <83> Omitted.

<84> The Enforcement Decree of the Nanotechnology Development Promotion Act shall be partially amended as follows:

The term "Minister of Science and Technology" in Article 2 (1), (2) and (3) (parts other than subparagraphs), Article 3 (1) through (3), Article 5 (1), (2) and (4), Article 9 (1) and (5) (parts other than subparagraphs), Article 10 (2) and (3), Article 13 (1) (parts other than subparagraphs), (2) (parts other than subparagraphs), (3) (parts other than subparagraphs) and (4), Article 15 (2) (parts other than subparagraphs), Article 16 (3), Article 17(1) and (3) shall each be amended to "Minister of Education, Science and Technology." <85> through <102> Omitted.