National R&D Program Sanctions Center

About the National R&D Program Sanctions Dispute Center

A national research and development (R&D) program is a program supported by a central administrative agency through its budget or funds for research and development under the National Research and Development Innovation Act.

National R&D programs are carried out in a wide variety of forms by numerous organizations, including private companies, public research institutions, and universities. Where misconduct prescribed by law occurs in the course of such a program, the head of the central administrative agency may impose sanctions on researchers or R&D institutions, including participation restrictions and penalty surcharges, in addition to recovering R&D funds.

If these sanctions are considered unlawful or unjust, the persons subject to them, including researchers and R&D institutions, may file an objection with the Researcher Rights Protection Committee before the sanctions are imposed. After they have been imposed, an application for a stay of execution and an action for revocation may be filed with the administrative court.

Hwaum Law Office has established a dedicated National R&D Program Sanctions Dispute Center to provide legal services that protect researchers' rights at every stage, from special evaluations before sanctions are imposed to advance notice, objections, and court proceedings.

Hwaum Law Office's National R&D Program Sanctions Dispute Center consists of lawyers with extensive experience in this field. They include the firm's managing attorney, who serves as legal counsel to the Ministry of Science and ICT, a member of a sanctions committee, and a member of the Researcher Rights Protection Committee under the National Research and Development Innovation Act.

Hwaum Law Office will do its utmost to assist researchers who face difficulties conducting their research because of the complexity of national R&D laws, as well as those facing serious difficulties as a result of sanctions.

Sincerely, Jaekwon Jung, Managing Attorney.

Definition and Types of Sanctions

A sanction is an administrative disposition that restricts a researcher or R&D institution from participating in national R&D activities or imposes a penalty surcharge when grounds for a sanction arise. Sanctions under the National Research and Development Innovation Act thus fall into two broad categories: participation restrictions and penalty surcharges.

A participation restriction bars participation in national R&D programs for a specified period. It may be imposed for up to 10 years and may exclude the person or institution from all national R&D programs.

A penalty surcharge is a monetary sanction imposed for violations such as misuse of R&D funds. It may be imposed within a prescribed multiple of the R&D funds already received.

Sanctions and Objection Procedures

1. Investigation, Verification, and Reporting by the R&D Institution

When the head of an R&D institution becomes aware of misconduct by an affiliated researcher or research support staff member, the institution must investigate and verify the misconduct, take the necessary measures, and report the results to the head of the competent central administrative agency (Article 31(2) of the Innovation Act and Article 57 of its Enforcement Decree).

2. Review by the Sanctions Evaluation Panel

Before imposing a sanction, the head of the central administrative agency establishes and operates a sanctions evaluation panel to review the necessity, type, and severity of the sanction (Article 22(1) of the Innovation Act). A specialized agency generally establishes and operates the panel on its behalf.

3. Advance Notice of Sanctions

Taking into account the sanctions evaluation panel's findings, the head of the competent central administrative agency must individually notify the persons concerned in advance of the proposed sanctions and related matters (each subparagraph of Article 33(2) of the Innovation Act).

4. Objections and Reconsideration of Sanctions

A person subject to a proposed sanction who objects to the advance notice may, within 20 days of receiving it, submit a statement setting out the grounds for the objection and requesting that the head of the competent central administrative agency reconsider the notice (Article 33(3) of the Innovation Act).

Upon receiving a request for reconsideration, the head of the competent central administrative agency requests a review by the Researcher Rights Protection Committee under the Minister of Science and ICT (Article 33(4) of the Act). However, if the person subject to the sanction wishes to have the matter reconsidered by the head of the competent central administrative agency rather than the Committee, that option is available.

5. Notification of the Final Decision

Where reconsideration has been requested, the head of the competent central administrative agency must determine the type and severity of the sanction within 30 days of receiving the request, taking into account the Researcher Rights Protection Committee's review results and other relevant matters, and notify the persons concerned without delay.

6. Registration and Disclosure of Sanctions

The head of the competent central administrative agency must register all matters included in the final notification in the integrated information system. Of these, participation restrictions of 5 years or longer and penalty surcharges of 3 times or more must be publicly disclosed (Article 33(7) of the Innovation Act and Article 62 of its Enforcement Decree).

7. Payment of Penalty Surcharges and Amounts to Be Recovered

If an amount to be recovered or a penalty surcharge is not paid by the deadline, the head of the central administrative agency must issue a demand specifying a payment period. If payment is not made within that period, the amount is collected in the same manner as compulsory collection of national taxes (Article 63 of the Enforcement Decree of the Innovation Act).

8. Filing an Action for Revocation of Sanctions / Applying for a Stay of Execution

A person subject to a sanction, including a researcher, research support staff member, or R&D institution, who has received notice of the final decision but wishes to contest the imposition or severity of the sanction may file an action for revocation against the head of the central administrative agency that imposed it.

Once a sanction such as a participation restriction takes effect, the researcher or R&D institution may be unable to apply for future national R&D projects and may also have its participation in ongoing projects restricted or terminated. There is therefore a significant risk of irreparable harm by the time the case is decided, even if the claimant ultimately prevails. To address this risk, it is necessary to seek a temporary suspension of the participation restriction through an application for a stay of execution.

“Drawing on our extensive experience and expertise in national R&D and government-funded projects, Hwaum Law Office will make every effort, with sincerity and dedication, to protect researchers' rights and interests.”

We will stand with you until your valuable rights and interests are fully protected.

Hwaum Law Office

Respectfully, Jaekwon Jung, Managing Attorney.

Contact