Research Report
Research of Legislation on the use and development of research infrastructure -Focusing on the radiation accelerator-
Ⅰ. Backgrounds and Purposes
▶ Background of the study
○ Large-scale research facilities and equipment become key factors in securing source technologies in promising fields such as basic science, new materials, and life sciences. Investment and utilization of research equipment becomes a critical issue since the recent global competition in scientific and technological innovation depends on the advance of it
○ Therefore, it is essential to increase the efficiency of R&D investment through efficient operation and management of large-scale research facilities and equipment. However, there are doubts about the appropriateness of using large-scale research facilities due to the absence of a full lifecycle management system for large-scale research facilities
○ In particular, as various ministries and research institutes manage large-scale research facilities and equipment according to individual legislative purposes, it is difficult to efficiently operate and manage large-scale research facilities and equipment and promote common use. Plus, basic legislations for operation, utilization and training are insufficient
▶ Purpose of the study
○ This study intends to prepare legislation and improvement of laws related to the use and development of large research facilities and equipment based on the operation status and issue analysis
○ In particular, as the need for joint use of radiation accelerators is increasing, such as the recent proposal of a special law on the establishment and support of radiation accelerators, this study intend to establish the legislative foundation for efficient operation, management and joint utilization of radiation accelerators
○ This study is cooperatively conducted by three research institutes dividing the specialized areas of each institute
Korea Legislation Research Institute
- Analysis of the current status and trends of legislation and issues
- Preparing measures to legislate the identified system improvements
Soon Chun Hyang University
IACF (Industry-Academy Cooperation Foundation)
- Analysis of trends and findings of oversees legislation related to large-scale research facilities
Korea Basic Science Institute
- Analysis of the management and support of large research facilities
- Expert opinion survey for users of large research facilities
Ⅱ. Major Content
▶ Review of the current legislation and trends related to large-scale research facilities and radiation accelerators
○ Analysis of the current status of legislation related to large-scale research facilities
- It reviews explicit and comprehensive contents related to the definition of “research facilities and equipment” in the “Framework Act on Science and Technology,” “Basic Research Promotion and Technology Development Support Act,” and the “Standard Guidelines for the Management of National R&D Facilities and Equipment”
○ Analysis of legislation related to radiation accelerators
- In the “Regulations for support research projects jointly using radiation accelerators, etc.” which is enforced based on the “Basic Research Promotion and Technology Development Support Act”, the radiation accelerators are defined
- It reviews the main contents of “Chungcheongbuk-do Multi-purpose Radiation Accelerator Support Ordinance” currently enacted
○ Trends in legislative discussions related to large-scale research facilities and radiation accelerators
- In 2009 (Draft of the Act on Promotion of R&D and Joint Use of Accelerator Technology), in 2015 (Draft of the Act on Promotion of Operation and Utilization of Large R&D Facilities, etc.), in 2021 (Draft of Special Act on the Construction and Support of Radiation Accelerators), bills on large- scale research facilities and radiation accelerators have been submitted to the National Assembly, it reviews the reason for the proposal and main contents
○ Analysis of issues in legislations related to the use and the development of accelerators
- It examines legal and institutional issues related to the structure of the legal system, the external effect of administrative rules, the role of operating organizations, and support for facilities and equipment
▶ Review of cases in foreign countries operating legislations related to the use and development of large-scale research facilities
○ Current status of legislation related to large-scale research facilities in the United States
- The American Innovation and Competitiveness Act and the Federal Grant and Cooperative Agreement propose standards for funding necessary for establishing future strategies, and the OMB Circular A-110, Large research facility construction support order (DOE 413.3A), a Large Facility Manual of National Science Foundation (NSF) are prepared
○ Current status of legislation related to large-scale research facilities in Germany
- Article 91b of the German Basic Law provides the constitutional basis for financial support for large-scale research equipment. The cooperative system between the federal and the states was established based on the Joint Academic Conference Agreement(Verwaltungsabkommen zwischen Bund und Ländern über die Errichtung einer Gemeinsamen Wissenschaftskonferenz), the Implementation Agreement of Joint Support for Research Infrastructure among Universities(AV-FuG), and the Implementation Agreement of Joint Support for Large-scale research facilities and High-performance computing (AV-FGH)
- Most of Germany's radiation accelerators are operated by research institutes affiliated with the Helmholtz Research Society, the largest parent research group.
○ Current status of legislation related to large-scale research facilities in Japan
- In order to promote the active use of large-scale research facilities, Japan has established the Act on the Promotion of the Innovation of Science and Technology(科学技術・イノベーション創出の活性化に関する法律) and the Act on the Promotion of joint use of certain advanced large-scale research facilities
- Regarding radiation accelerators, radiation accelerators are constructed and operated based on the ‘Comprehensive Promotion of Science, Technology and Academic Policies’ announced by the Ministry of Education, Culture, Sports, Science and Technology
- SPring-8, a special radiation facility, is comprehensively operated and managed by the Institute of Physics and Chemistry, and Japan Synchrotron Radiation Research Institute carries out provision of radiation to facility users, and testing research on the use of radiation
▶ Conducting expert opinion surveys for users of large research facilities
○ In order to prepare a legislation for the efficient construction and systematic management of large-scale research facilities(radiation accelerators), opinions of experts in the field of research and legal professions are collected
- Since there is no legislation that can be the basis for the establishment and operation of large-scale research facilities, the confusion at the research fields is aggravated.
- Due to the absence of the system, professional manpower, related budgets, and characteristics of facilities are not managed, and it causes the difficulties in utilizing scientific infrastructure
- Considering the importance and urgency of the utilization of radiation accelerators, it is necessary to prioritize the enactment of a special law
▶ Suggesting reorganization and improvement of the progressive legal system for the utilization and development of large-scale research facilities and radiation accelerators
○ Because the current legal system is operated according to the guidelines and regulations based on the “Framework Act on Science and Technology,” “Basic Research Promotion and Technology Development Support Act,” it is desirable that the specific core contents of the system are provided in laws and decrees and that other procedural matters and supplements are provided in regulations
○ Suggest a legislative direction for the utilization and development of large accelerators, etc.
- A provision of definition on “large-scale research facility” including the concept of major large-scale research facilities such as radiation accelerators are prepared in the law
- Provisions of designation requirements are prepared for nurturing professional manpower
- Provisions regarding the designation and establishment of specialized operating and management organizations in consideration of the specialty of research facilities and equipment are prepared
- Provisions for the basis “joint use of research facilities and equipment” are prepared
- Special rules for national-owned and public property are introduced
Ⅲ. Expected Effects
○ Analyzing the operation status and issues of large-scale research facilities and equipment in Korea, it proposes a plan for systematical establishment and management of large-scale national research facilities
○ Analyzing the domestic and foreign legal system on the use of large- scale research facilities and equipment and reviewing legislative issues, it presents policy and legislative materials related to radiation accelerators to support for large-scale research facilities and equipment and promote common use
○ Improving the legal system for the utilization and development of large- scale research facilities and equipment, it ultimately contributes to laying the foundation for the mid and long term development of science and technology.