The government established and announced the “Research Industry Innovation Growth Strategy” to raise R&D productivity and science- and tech-based service jobs. It is necessary to prepare a comprehensive measure that expands relevant markets by grouping R&D-related industries into the “research industry” and create an open innovation ecosystem that can divide R&D activities for more specialized people.

Korea is the world’s fifth-largest R&D investor (59.8 billion dollars in 2016), and R&D productivity has a huge impact on national competitiveness. In this context, the research industry is an important industry that can improve efficiency in R&D, and needs to be promoted systematically based on law. While the Special Act on Support of Scientists and Engineers for Strengthening National Science and Technology Competitiveness, which defines an R&D service business in only some parts of the research industry, namely on-demand research and research management, is a law designed to promote the use of scientists and engineers, it is necessary to prepare a law to promote and cover all parts of the research industry.

In this regard, the Research Industry Promotion Act aims to define matters for the expansion of the market to develop the research industry and systematic promotion and support to build an industrial ecosystem (Article 4).

Article 6 (Professional Research Business Owner Declaration, Etc.) (1) Any research business owner who seeks support under this Act must declare to the Minister of Science and ICT that they are a professional research business owner.

(2) The professional research business owner declared under paragraph (1) shall declare to the Minister of Science and ICT any material changes in declared items prescribed by Presidential Decree.

(3) The Minister of Science and ICT reviews the declaration under paragraph (1) or change declaration under paragraph (2) and if it is acceptable under this Act, accept the declaration within 30 days from the date of receipt.

(4) Unless the Minister of Science and ICT notifies whether he/she accepts a declaration within the period set forth under paragraph (3) or extends the treatment period under the Civil Petitions Treatment Act, the declaration shall be deemed accepted on the next day of such period (refer to the treatment period if extended or re-extended under the Civil Petitions Treatment Act).

(5) Anything required for declaration and change declaration requirements or declaration acceptance procedures under paragraphs (1) through (4) shall be prescribed by Presidential Decree.

Article 11 (Establishment of Fair Market Environment) (1) Those who enter into a contract with any research business owner shall not unilaterally demand the transfer of the research business owner’s intellectual property without reasonable reasons, or otherwise use his/her position to force an unfair contract onto the research business owner or take unfair gains.

(2) The Minister of Science and ICT may order a corrective action, such as stopping a violation, for any person who uses his/her position to force an unfair contract onto a research business owner or take unfair gains in violation of paragraph (1).

(3) The Minister of Science and ICT shall investigate and analyze the competitive environment in the research industry and unfair cases related to paragraph (1) and establish necessary measures.

(4) The Minister of Science and ICT may prepare a standard contract in consultation with the Fair Trade Commission and recommend using the standard contract when a relevant contract is signed in an effort to establish a fair trade order in the use of products and services provided by research business owners.

Article 17 (Legal Fiction of Deeming Public Officials for Application of Penalty Provisions) Executive officers and employees of an institution or organization engaging in the affairs entrusted under Article 15 shall be deemed public officials for the purpose of applying penalty provisions of Articles 127 and 129 through 132 of the Criminal Act to them.