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SPECIAL ACT ON THE SUPPORT OF SCIENCE AND ENGINEERING MANPOWER FOR STRENGTHENING NATIONAL SCIENCE SCIENCE AND TECHNOLOGY COMPETITIVENESS

Ministry of Education, Science, and Technology (Regulatory Reform Officer) 02-2100-6155~6158

CHAPTER 1 GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the improvement of national competitiveness and the development of the national economy through promoting the use of science and engineering manpower and improving labor conditions by fostering superior science and engineering manpower.

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1. The term "science and engineering manpower" means persons who majored in science/engineering fields and related interdisciplinary fusion fields, (hereinafter referred to as "science and engineering"), as prescribed by Presidential Decree;

2. The term "university" means schools pursuant to any subparagraphs of Article 2 in the Higher Education Act, Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act, the Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act, and the Polytechnic College under the provisions of Article 2, Subparagraph 1 of the Polytechnic College Act;

3. The term "research institutes" means research institutions falling under each of the following items:

(a) Research institutes in science and engineering fields among the research institutes, (hereinafter referred to as "government-invested research institutes"), which receive contributions or subsidies from the state or local government; (b) Research institutes under the provisions of Article 2 of the Support of Specific Research Institutes Act;

(c) Company-affiliated research institutes such as research manpower and facilities, etc. falling under the standards as prescribed by Presidential Decree; (d) Affiliated research institutes of science and engineering colleges; (e) National/public research institutes; and

(f) Professional industrial technology research institutes under the provisions of Article 42 of the Industrial Technology Innovation Promotion Act.

4. The term "research and development service industry" means the industry falling under each of the following items:

(a) Any research and development business which conducts research and development of the science and engineering fields independently or by entrustment for the purpose of profit-making; or

(b) Any research and development support business which supports research and development of the science and engineering field through providing technical information, consulting, testing/analysis, etc. for the purpose of profit making. Article 3 (Duty of the State, etc.)

(1) The State shall foster science and engineering manpower, establish and implement the necessary policy for them to sufficiently show their creativity and ability, and establish an appropriate socio-economic position and treatment. (2) The State and local government shall expand the opportunities for the entry of science and engineering manpower in public office and establish and promote a comprehensive policy so as not to be discriminated against irrationally in the course of performing duties such as participation and promotion, etc. in the policy decision-making process in the related organization. (3) The state shall create the situation in which it applies actively superior science and engineering manpower and make an effort to establish a mutual connection system for enterprises, colleges, and research institutes, (hereinafter referred to as "industry-university-research institute").

CHAPTER 2 MASTER PLAN FOR FOSTERING AND SUPPORTING SCIENCE AND ENGINEERING MANPOWER

Article 4 (Establishment of the Master Plan)

(1) The government shall establish the master plan for fostering and supporting science and engineering manpower, (hereinafter referred to as "the master plan"), for every 5 years to effectively achieve the purpose of this Act. (2) The master plan under the provision of Paragraph 1 shall be decided with the deliberation of the state human resource development committee under Article 7, Paragraph 1 of the Framework Act on the Development of Human Resources, and the state science and technology committee under Article 9, Paragraph 1 of the Framework Act on Science and Technology, (hereinafter referred to as "the state science and technology committee"). In the case of any alteration to the master plan, the same shall also apply. (3) The master plan under Paragraph 1 shall include the matters of the following subparagraphs:

1. Construction of a fosterage, support, and life cycle utilization system of science and engineering manpower;

2. Expansion of opportunities for the entry of science and engineering manpower in public office and the improvement of labor conditions;

3. Support for research and development results and technology transfer results;

4. Expansion of the mutual interchange of science and engineering manpower between enterprises, colleges, research institutes, government, and local government;

5. Construction and utilization of an information system for science and engineering manpower;

6. Improvement of quality of the level of science and engineering colleges and graduate schools and strengthening the connection system of the industry-university-research institutes; and

7. Other important matters relating to the fosterage and support of science and engineering manpower as prescribed by Presidential Decree. (4) Matters necessary for the establishment process of the master plan, etc. under Paragraph 1 shall be as prescribed by Presidential Decree. Article 5 (Annual Implementation Plan)

(1) The head of the relevant central administrative organization and the relevant Special Metropolitan City Mayor, Metropolitan City Mayors, or Do governors, (hereinafter referred to as the "Mayor/Do governor"), shall establish and promote the implementation plan for each year in accordance with the master plan. (2) The Minister of Education, Science, and Technology shall integrate and coordinate the implementation plan for the next year and execution results for the preceding year of the head of the relevant central administrative organization and Mayor/Do governor and go through deliberations of the state science and technology committee.

(3) The Minister of Education, Science, and Technology shall inform the deliberation results under Paragraph 2 to the head of the relevant central administrative organization and the Mayor/Do governor. (4) Matters necessary for the establishment process of the implementation plan, etc. under Paragraph 1 shall be as prescribed by Presidential Decree. Article 6 (Construction and Utilization of the Integrated Information System for Science and Engineering Manpower)

(1) The Government shall construct and manage the integrated information system for science and engineering manpower, (hereinafter referred to as the "integrated information system"), to effectively support the policy relating to the fosterage and support of science and engineering manpower and provide demand and supply information on science and engineering manpower.

(2) The Minister of Education, Science, and Technology may request information and data relating to science and engineering manpower to the head of the central administrative organization, Mayor/Do governor, and the head of colleges, research institutes, and enterprises to construct and manage the integrated information system under Paragraph 1. In this case, the heads of institutes and organizations that have received the request shall duly cooperate unless there is any special reason not to do so.

(3) The Minister of Education, Science, and Technology may entrust the affairs for construction and management of the integrated information system to a professional institute or organization as prescribed by Presidential Decree where deemed necessary to construct an effective information system.

Article 7 (Research on the Actual Conditions for Science and Engineering Manpower) (1) The Government shall perform research on the actual conditions for the fosterage and utilization of science and engineering manpower by colleges, research institutes, and enterprises for effective fosterage and support of science and engineering manpower.

(2) The Minister of Education, Science, and Technology may request the required data or opinions to colleges, research institutes, and enterprises utilizing science and engineering manpower for research on the actual conditions under Paragraph 1. In this case, the heads of institutes and organizations that have received the request shall cooperate unless there is any special reason not to do so.

(3) The Minister of Education, Science, and Technology shall grasp the career records of persons with doctor's degrees in science and engineering fields as prescribed by Presidential Decree and major science and engineering manpower, prepare an index for the situation of inflow and outflow thereof, (hereinafter referred to as "science and engineering manpower balance index"), and reflect this in the science and engineering manpower policy. (4) The Minister of Education, Science, and Technology may delegate the research on the actual conditions under Paragraph 1 to the professional institutes as prescribed by Presidential Decree. (5) Matters necessary for the target/scope/method of the research on the actual conditions under Paragraph 1 and the preparation of the science and engineering manpower balance index, etc. shall be as prescribed by Presidential Decree. CHAPTER 3 FOSTERAGE AND IMPROVEMENT OF QUALITY FOR SCIENCE AND ENGINEERING MANPOWER

Article 8 (Provision, etc. of the Relevant Information to Promote Attendance at Science and Engineering College)

(1) The State and local government shall provide the relevant information of promising areas for science and engineering majors, etc. as prescribed by Presidential Decree to promote attendance at science and engineering colleges by students and graduates, (hereinafter referred to as "students, etc." Hereinafter the same in this Article shall apply), of elementary/secondary education courses. (2) The State and local government may provide necessary support in case the head of the colleges which are established and operated by the State and local government under Article 3 of the Higher Education Act make an effort to expand special selection, etc. under Article 34 in the same Act to promote attendance at science and engineering colleges for students of science schools established under Article 6 of the Elementary and Secondary Education Act or the Act on the Promotion of Specific Education for Brilliant Children. (3) The State and local government may delegate the affairs for research and study of the relevant information and providing information under Paragraph 1 to the professional institutes prescribed by Presidential Decree. Article 9 (Expansion of Scholarships to Excellent Students) (1) The Government shall expand scholarship opportunities, such as by providing research subsidies or supporting loans for living expenses, by selecting excellent students among students at science schools.

(2) Matters necessary for the object and scope of the provision of research subsidies and living expense loan support, etc. under Paragraph 1 shall be as prescribed by Presidential Decree.

Article 10 (Strengthening Collaboration of Industry-University-Research Institutes) (1) The State and local government shall prepare the necessary policies to strengthen collaboration among industry-university-research institutes. (2) The State and local government may provide the necessary support to enterprises and research institutes, etc. as prescribed by Presidential Decree in cases falling under any of the following subparagraphs:

1. Where developing and implementing collaborative education programs with science and engineering colleges;

2. Where developing and enforcing a special contract employment system for expanding employment of science and engineering manpower;

3. Where enforcing other important matters as prescribed by Presidential Decree to strengthen the connection with science and engineering colleges. Article 11 (Fosterage and Support of World Class Universities) (1) The Government may provide necessary support to colleges which focus on research activities for creative research and development, (hereinafter referred to as "World Class Universities"), to effectively promote the fosterage of science and engineering manpower.

(2) The necessary matters for the selection and support, etc. of World Class Universities shall be prescribed by Presidential Decree.

Article 12 (Reeducation and Retraining of Science and Engineering Manpower) (1) The Minister of Education, Science, and Technology may execute reeducation or retraining for science and engineering manpower to adapt to changes in the science and technology environment and develop and improve research capabilities, etc. continuously.

(2) The contents of reeducation or retraining under Paragraph 1 are as per the following subparagraphs:

1. Matters concerning grasping trends and sharing of cutting-edge science and technology;

2. Professional meetings and seminars for learning cutting-edge science and technology and new research and development methods;

3. Matters concerning science and technology related intellectual property rights;

4. Matters concerning science and technology related management, etc; and

5. Other matters which the Minister of Education, Science, and Technology deems necessary.

(3) The heads of central administrative organizations and local governments shall provide administrative and financial support for science and engineering manpower who work at related organizations to undergo reeducation or retraining under Paragraph 1, and reflect the results of said reeducation or retraining to the personnel management, etc.

(4) Enforcement organization, methods, and processes for reeducation and retraining under Paragraph 1 and other necessary matters shall be as prescribed by Presidential Decree.

CHAPTER 4 PROMOTING THE UTILIZATION AND STATUS IMPROVEMENT OF SCIENCE AND ENGINEERING MANPOWER

Article 13 (Establishment of Improvement Plans for the Expansion of Official Appointments)

(1) The State and local government shall establish and promote improvement plans concerning the matters of the following subparagraphs to expand the official appointment of science and engineering manpower according to the increase of science and technology related administration demand:

1. The classification system for science and engineering related occupational groups, (hereinafter referred to as "technical occupations"), among the official occupational groups pursuant to the provisions of the State Public Officials Act and the Local Public Officials Act according to the development of science and technology;

2. The special appointment of public officials in technical occupations and the appointment system of open positions and contract officials;

3. Expansion of the position and appointment of technical officials and the personnel management system for the development of abilities; (2) The head of the central administrative organization and the Mayor/Do governor shall report the improvement plan and promotion results under Paragraph 1 to the State Science and Technology Committee. In this case, the Mayor/Do governor shall report the integrated improvement plan and promotion results in the Si/Gun/Gu, (limited to the autonomous district), in his/her jurisdiction. Article 14 (Support for the Expansion Policy of the Official Appointment of Local Government)

(1) Where the local government establishes an exclusive science and technology department and posts science and engineering manpower to said department, the Minister of Education, Science, and Technology shall provide support thereof preferentially.

(2) Necessary matters required for the scope of the exclusive science and technology department, and the standards and support of science and engineering manpower placement under Paragraph 1 shall be as prescribed by Presidential Decree. Article 15 (Promotion of the Utilization of Science and Engineering Manpower through Research and Development Business) The State and local government may promote research and development business connected with employment and provide support for training in the Government-invested research institutes for a certain period as prescribed by Presidential Decree to promote employment of science and engineering manpower who have been not employed for a certain period of time after obtaining science and engineering master's degrees or doctorate degrees. Article 16 (Support for the Utilization of Science and Engineering Manpower of Enterprises)

(1) The State and local governments may provide financial support or necessary support, including tax exemptions, according to tax laws within the range of the budget where small and medium-sized enterprises according to Article 2 of the "Framework Act on Small and Medium Enterprises" and venture businesses as specified in Article 2-2 of the "Special Act on Special Measures for the Promotion of Venture Businesses" employ a person who obtains a science and engineering master's or doctorate degree, but remain unemployed, or a person who acquires professional engineer qualifications according to the "National Technical Qualifications Act."

(2) The government may provide the support prescribed by Presidential Decree for the small and medium-sized enterprises which establish and operate company affiliated research centers under the provisions of Article 7, Paragraph 2 in the Technology Development Promotion Act to promote the utilization of science and engineering manpower.

Article 17 (Expansion of Cooperation and Manpower Interchange between Industry-University-Research Institutes)

(1) The State and local government shall establish and promote measures for universities and Government-invested research institutes, etc. to cooperate with enterprises, such as cooperative research, etc.

(2) The State and local government shall prepare all necessary measures for the Government-invested research institutes to promote the dispatch of competent research manpower to foundation support, colleges or enterprises, and manpower interchange, etc. with colleges, contributing research institutes, and enterprises. Article 18 (Fosterage and Support of Research and Development Service Business) (1) The Minister of Education, Science, and Technology shall establish and promote the plan for the fosterage and support of the research and development service business.

(2) Any person who intends to participate in the state research and development business and receive support of the government shall state to the Minister of Education, Science, and Technology pursuant to the provisions prescribed by Presidential Decree with specific standards such as securing professional manpower as prescribed by Presidential Decree.

The same shall also apply to any case where changing the matters prescribed by Presidential Decree among the stated matters. The same shall also apply to any case when changing the master plan. (3) The necessary matters required for fosterage and support plans and support under Paragraphs 1 and 2 shall be as prescribed by Presidential Decree. Article 19 (Introduction and Operation of the National Certificate for Research and Development Service Business, etc.)

(1) The Minister of Education, Science, and Technology shall consider the necessary measures, such as introducing the national certificate for planning, advice, evaluation, technical information, and test analysis of research and development, and including said measures to courses of colleges for the effective fosterage of research and development service business. (2) The necessary matters for the introduction/operation of a national certificate under Paragraph 1 shall be as prescribed by Presidential Decree. Article 20 (Support of Research Subsidies for Core Science and Engineering Manpower, etc.)

(1) The government may provide annual research subsidies or living subsidies to support the stabilization of livelihood to core science and engineering manpower pursuant to the provisions prescribed by Presidential Decree to encourage research activities of those person who have made prominent achievements for the development of national science and technology, such as any person who has been awarded a Nobel Prize, (hereinafter referred to as "core science and engineering manpower").

(2) The necessary matters required to select core science and engineering manpower and provide research subsidies or living subsidies shall be as prescribed by Presidential Decree.

Article 21 (Support for the Supply and Demand Program of Science and Engineering Manpower)

(1) The government may support, by selecting the colleges which enforce or intend to enforce the matters of the following subparagraphs, for countermeasures for the sophistication of science and technology development and the smooth supply and demand of science and engineering manpower:

1. Programs for the custody of superior students and adjustment of the number limitations at science and engineering colleges and graduate schools;

2. Programs for research between school systems and strengthening education;

3. Connection of industry/school/research and cooperation programs. (2) The necessary matters relating to the contents, processes, and methods, etc. of the support under Paragraph 1 shall be as prescribed by Presidential Decree. Article 22 (Establishment of a Science and Engineering Manpower Mediating Center) (1) The government may establish and operate a science and engineering manpower mediating center in the Special Metropolitan City, Metropolitan Cities, and Dos to intervene in the employment or reemployment of science and engineering manpower.

(2) The necessary matters for the establishment or operation of the science and engineering manpower mediating center under Paragraph 1 shall be prescribed by Presidential Decree.

Article 23 (Support for Programming Science and Technology Related Broadcasts, etc.) (1) The Korean Broadcasting Commission may provide necessary support as the broadcasting business operator under Article 2 of the Broadcasting Act to enhance the interest and recognition of science and technology and science and technology manpower by the nation. In this case, the Korean Broadcasting Commission shall consult with the Minister of Education, Science, and Technology.

(2) The government may execute the broadcasting business with professional contents relating to science and technology under the Broadcasting Act. (3) The necessary matters relating to the required support and discussion process, etc. of the support under Paragraph 1 shall be as prescribed by Presidential Decree. Article 24 (Support for Science and Technology Related Organizations) (1) The Minister of Education, Science, and Technology may support an organization which scouts and utilizes superior science and technology persons and promote businesses respecting prominent achievements in the science and technology field.

(2) The necessary matters relating to the assignment, support, etc. of the organization under Paragraph 1 shall be as prescribed by Presidential Decree. Article 25 (Entrust of Authority) The government may entrust a part of the authority under this Act to the head of the institute or organization which performs the affairs concerning the fosterage and support of science and engineering manpower pursuant to the provisions prescribed by Presidential Decree. Addenda (Government Organization Act) Article 1 (Enforcement Date)

This act shall enter into effect on the date of its promulgation, provided, ......, among the amended Acts under Article 6, the amended parts of the Act which have been announced before the enforcement of this Act but not reached the enforcement date shall be enforced from the enforcement date of each Act. Articles 2 to 5 (Omitted)

Article 6 (Amendment of Other Provisions)

from (1) to <122> omitted

<123> A part of the Special Act on the Support of Science and Engineering Manpower for Sharpening National Science and Technology Competitiveness is amended as below:

"The Minister of Science and Technology" shall be amended to "the Minister of Education, Science, and Technology" in Article 5, Paragraphs 2, 3, Article 6, the former parts of Paragraphs 2, 3, Article 7, the former parts of Paragraphs 2, 3, 4, Article 12, Paragraphs 1, 2, 5, Article 14, Paragraph 1, Article 18, Paragraph 1, the former part of Paragraph 2, Article 19, Paragraph 1, Article 23, the latter part of Paragraph 1 and Article 24, Paragraph 1.

From <124> to <760> are omitted

Article 7 (Omitted)