초록 ▼

○ 창조경제 실현과 과학기술 중심사회 구현 등 새로운 과학기술정책 추진기반 구축이 요구됨에 따라, 시대흐름과 확대된 과학기술의 사회적 역할의 반영 및 과학기술정책 총괄규범으로서의 위상과 기능을 고려한 과학기술기본법 개정방안을 연구함
○ 연구수행 결과, 현행 과학기술기본법은 그 체계적인 측면과 내용적인 측면에서 다음과 같은 문제점이 있는 것으로 분석된 바, 그와 같은 사항들을 개선하기 위해서는 단계적이고 전략적인 법률개정 추진이 필요한 것으로 판단됨
- 먼저, 법체계적인 측면에서는, ⅰ) 법조항의 배치와 구성이 중복적이고

○ 창조경제 실현과 과학기술 중심사회 구현 등 새로운 과학기술정책 추진기반 구축이 요구됨에 따라, 시대흐름과 확대된 과학기술의 사회적 역할의 반영 및 과학기술정책 총괄규범으로서의 위상과 기능을 고려한 과학기술기본법 개정방안을 연구함
○ 연구수행 결과, 현행 과학기술기본법은 그 체계적인 측면과 내용적인 측면에서 다음과 같은 문제점이 있는 것으로 분석된 바, 그와 같은 사항들을 개선하기 위해서는 단계적이고 전략적인 법률개정 추진이 필요한 것으로 판단됨
- 먼저, 법체계적인 측면에서는, ⅰ) 법조항의 배치와 구성이 중복적이고 다소 산만하여 이를 체계적으로 재정비하고, ⅱ) 국가연구개발사업 관련 법률조항 및 특정 기관의 설립․운영 관련 법률조항은 기본법의 내용으로는 부적합하므로 이를 재정비하고, ⅲ) 민간기술개발 지원 및 과학기술의 국제화 등에 관한 사항은 정책적 중요성이 증가하고 있으므로 별도의 장으로 하여 규정을 보강할 필요가 있음
- 법률의 내용적인 측면에서는, ⅰ) 과학기술 법률 간의 연계성 제고 및 과학기술 전 분야를 포괄할 수 있는 규정내용의 보강 ⅱ) 과학기술을 통한 사회적 현안 및 범지구적 과제의 해결, 과학기술의 사회적 책임성 제고를 위한 규정의 보강, ⅲ) 창조경제 실현 및 과학기술 중심사회 구현을 위한 창의적인 연구와 신성장동력 과제의 발굴 등에 관한 규정의 보강, ⅳ) 기타 과학기술통계 작성, 연구자 책임성 강화 등 기본법상의 규율이 미흡한 사항에 대한 보완이 필요한 것으로 나타남
○ 이와 같은 사항을 반영한 기본법 개정은 ⅰ) 단기적으로는 내용적 측면의 개정 수요를 우선 반영하여 관련 정책추진기반을 조속히 마련하고(1차 일부개정 추진), ⅱ) 중장기적으로는 체계 및 구성형식적인 측면의 개정 수요를 반영하여 기본법으로서의 위상을 확보할 수 있도록 하는 것이 바람직함(2차 전부개정 추진)

Abstract ▼

Ⅰ. Title
“A Study on the Revision of Framework Act On Science And Technology”
Ⅱ. The Need and Purpose of the Research
○ Promote the basis of foundation of a new science and technology policy, such as the realization of the creative economy and ‘science and technology’ based society
- Stu

Ⅰ. Title
“A Study on the Revision of Framework Act On Science And Technology”
Ⅱ. The Need and Purpose of the Research
○ Promote the basis of foundation of a new science and technology policy, such as the realization of the creative economy and ‘science and technology’ based society
- Study on Framework Act on Science and Technology amendment that reflects the expanded social role of science and technology as like providing legal foundation for promotion creative economy
○ Establishment of a desirable functional and status of Framework Act on Science and Technology as overall norms of science and technology
- Study on improvement plans of coherence and effectiveness that can ensure status and function of Framework Act on Science and Technology, which serves as a summary of conduct and basic charter of science and technology
Ⅲ. Contents and Scope of the Research
○ Outlook analysis of trends and future of science and technology policy in Korea and overseas
- Outlook analysis of the trends and future of science and technology policy in Korea and major countries
○ Research and analysis the status of legal system and policy related to the promotion of science and technology in overseas
- Content analysis and establishment status of the convention and the charter of the science and technology of the major international organizations
- Analysis of feature, content and operational status of science and technology acts of major countries
○ Research and Analysis about the operational situation and the regulation system of science and technology act in Korea
- Research on the status and type of science and technology relevant acts by field and by function of science and technology
- Analysis and evaluation of the content of the main policy related to the operation of science and technology act
- Consideration adjustments of content and system for management of science and technology act
○ Study of reasonable improvement plans of current Framework Act on Science and Technology by considering environment changes and trend
- Study on improvement plans and problems in formal structure and legal system
- Study on improvement plans and problems about regulation content considering a functional and desirable status of Framework Act on Science and Technology
- Proposed study of strategy to promote legislation for the amendment of Framework Act on Science and Technology
- C reating the sp ecific am en dm en t of F ram ew ork A ct on Scien ce an d Technology
Ⅳ. Performance of Research Plan and Process
○ Perform by general policy research performance methodology
- Depending on the nature of this research agenda, perform by the general policy research performance methodology
- If necessary, overcome the limitations of the theoretical study through expert opinion and advice from persons working in the field
○ Holding a advisory conference and public hearing for promoting the creation of detailed legislation that reflects the results of the study
- The m anagem ent of the E xpert advisory m eeting for am endm ent of Framework Act on Science and Technology
- Promotion of legislative hearing for convergence of various opinion related to Framework Act on Science and Technology
Ⅴ. Finding of Performance of Research
1. Trends and Prospects of Science and Technology Policy in Korea and Overseas
○ In such a global economic crisis, countries around the world continually expand investment in basic science and science technology in order to strengthen national competitiveness
- Advanced countries strengthen investment in growth areas and sustainable job creation, such as technological innovation and advanced manufacturing technology, and to solve the panhuman problem like climate change and energy
○ We have established various strategies of science and technology for realization of creative economy and science and technology based society
- In order to achieve the development of the country through science and technology creative,ⅰ) Efficiency and expansion of research and development investment in the country ⅱ) Promotion and finding National Strategy Technology ⅲ) Strengthening creative ability in medium to long term ⅳ)Support for creation of new industries ⅴ) Formulate and promote the support plan and the National Science and Technology Development on the expansion of employment-based science and technology
○ Science and technology policy in Korea and overseas are expected to continue for a while, the roles and social responsibility of science and technology will increase continuously
- Especially, Studies on the solution to solve society's problems through science and technology and importance of the role of science and technology for sustainable growth will be emphasized
2. Current Situation of overseas Legal System and Regulation Related to the Promotion of Science and Technology Policy
○ International organizations like UN and OECD has developed guidelines and various principles to prevent dysfunction by science and technology, and for the development of human society and the nation through science and technology
- These international organizations establish the common and basic principles about science and technology regulations which must be adhered to in their respective fields for the country and all nations, and establish universal regulation of science and technology by inducing member countries to practice this,
○ The UN, using the Universal Declaration of Human Rights in 1948, clarified 'Right to enjoy the benefits and progress of science and technology', 'Right of the protection of the moral and material interests arising from scientific creation’
- Based on the Universal Declaration of Human Rights, emphasizing the social, UN has established the principles of science and technology promotion, such as the spread and transfer of technology development results, economic and cultural role and universality of science and technology, peaceful use and dissemination of science and technology, freedom of creative activity and research in science and technology, Profit sharing, Prohibit differentiation, Job security and science and technology education, National and private science and technology cooperation, Exchange of scientific and technological knowledge for sustainable development
- UN has established principles of regulation of science and technology for preventing dysfunction risk management to effectively manage the risks posed by Science and Technology, such as damage of human dignity by development of science and technology, and to prevent dysfunction, such as environmental destruction and human alienation
○ Major countries, U.S.A, Japan and China, have established various legal systems for the management and promotion of science and technology
- Each country has modified a related laws centrally the support and ensure the research and development budget, research organization management, establishment and promotion of basic plan for the promotion of science and technology
- E sp ecially, Jap an an d C hina have established W e have estab lished a comprehensive policy norms related to science and technology, "Framework Act on Science and Technology", presenting objectives and directions basic on the promotion of national science and technology policy
- This "Framework Act on Science and Technology" enacts principle of policy promotion and responsibility of the nation for the development of science and technology, development of national science and technology plan, operation science and technology policy coordination mechanism, specific methods for science and technology policy promotion, promotion of national research and development projects for the development of science and technology and responsibilities and obligations of the parties associated with the promotion of science and technology policy
○ In Korea, the acts related to science and technology, especially Framework Act on Science and Technology is appropriate by comparing with the science and technology-related act corresponding case of major countries and international organizations
- However, some regulations about improvement of the social role of science and technology, strengthening of management due to the increased risk of Science and Technology and Establishment a system for sustainable development must be complemented
3. Current Status and Regulatory system of Science and Technology Laws in Korea
○ Act related to science and technology is the unified system that Framework Act on Science and Technology is overall regulation about science and technology policy, and Provisions of the science and technology of constitutional is the highest principle regulations
- it means, Framework Act on Science and Technology would be general act or framework act, legislation about management and development of science and technology in each department and field would be individual act or special act
○ It can be some difference by the approaching view and understanding of science and technology act, but according to the results of the study, there are about 209 of the acts of science and technology in Korea
- In terms of function or purpose of law, ⅰ) 21 acts on the basic policy of sectoral and overall policy of science and technology ⅱ) 15 acts on the installation and operation of the mechanism and science and technology organizationⅲ) 113 acts on management and promotion of science and technology(in detail, 62 acts on development and promotion, 10 acts on management of achievement , 31 acts on improvement of basis, 10 acts on manpower training) ⅳ) 57 acts on prevention of dysfunction and risk management of science and technology
- In major department, 46 acts in Ministry of Science, ICT and Future Planning, 52 acts in Ministry of Trade, Industry and Energy, 24 acts in Ministry of Environment, 21 acts in Ministry of Agriculture, Food and Rural Affairs, 14 acts of Ministry of Health and Welfare, 16 acts in Ministry of Maritime Affairs and Fisheries
○ While the act of science and technology in the country, has been operating a variety of acts in each field, the improvement of relevant acts is insufficient in the specific part or similar act exists
- Relevant laws and regulations for the promotion of research and development and promotion of technology development was enacted by department, it is duplicative. It is duplicative that acts for promotion of research and development of technology development was enacted by each department, and there are several acts on manpower training
- In contrast, act improvement about internationalization promotion of science technology, support and management of science technology information, operation research organization for to promote science and technology is insufficient
○ It is right to operate the acts of science and technology as a unified system of regulation by a systematic cooperation with Framework Act on Science and Technology
- Therefore, in the case of cooperation relationship between the individual Act and the Basic Act is not sufficient, it is necessary to provide with a new or cooperation provisions of the relevant provisions to be consistent
4. Improvement Plan and Reasonable Issues of the Framework Act on Science and Technology
○ Considering the legislation operation case of overseas and operational status of science and technology act in Korea, it is necessary to improve current Framework Act on Science and Technology as overall regulation about science and technology
○ The formal aspects of the configuration and system of law, it is necessary to improve the following problems
- Rearrangement duplicating organization system, such as chapter and verse of the Basic Act
- Rearrangement provisions of the Act related to establishment and operation of specific institutions and to national research and development project is not suitable for the contents of the Basic Act, therefore transfer to other Act or establish as another Act
- As increasing of political importance of provision about internationalization and assistance private technical development, reinforce content provision in separate chapter
○ The aspects of Framework Act on Science and Technology content, it is necessary to improve the following problems
- Improve the coordination and uniformity of law between the science and technology, reinforce the Basic Act provisions content to be able to encompass the whole of the matters related to science and technology
- Resolution of global issues and social issues through science and technology associated with the increased role of science and technology, reinforce content provision for increasing the social responsibility of science and technology
- Reinforce the provisions related to finding of new growth engines project and creative research for the realization of science and technology based society and the realization of the creative economy
- Reinforce insufficient provisions of the Basic Act, such as creation and maintenance of statistics on science and technology, and strengthening of responsibility of the participants and researchers in science and technology
○ Considering the contents, improvement of Science and Technology Basic Act promote in stage
- In the short term, it is necessary to provide a foundation for promotion policies as reflecting the priority request amendment of the contents
- In the medium to long term, promote the improvement plan of the law system as reflecting the improvement demand of formal aspects of system to secure its position as the Basic Act
Ⅵ. Application Plan and Expected Effectiveness of Study
○ Provide legal foundation for the development and promotion of science and technology policy that matches the trend of the times, such as creative economy
- Promote institutional foundation of policy promotion through the reinforcement of the content of the regulation related to promotion of a new policy, such as increasing of social role of science and technology and realization creative economy
○ Strengthen collaboration between policy details of science and technology and improve the reliability of the national science and technology policy
- Make up the Normative that comprise the whole field of science and technology policy and Integration of the plan of each department
○ Promote and create legislation that is examined and suggested in this study
- Reflect and use to create the secondary legislation and the primary for the amendment of Framework Act on Science and Technology

목차 Contents

• 표지 ... 1
• 제출문 ... 3
• 보고서 요약서 ... 5
• 요약문 ... 7
• Summary ... 12
• Contents ... 21
• Table Contents ... 25
• Picture Contents ... 27
• 목차 ... 28
• 표목차 ... 31
• 그림목차 ... 32
• 제1장 연구개요 ... 33
• 제1절 연구배경 및 필요성 ... 33
• 1. 국내외 과학기술 정책동향 ... 33
• 2. 국내 과학기술 관련 법제 현황 ... 34
• 3. 과학기술기본법의 위상 제고 필요성 ... 34
• 제2절 연구의 목표 및 내용 ... 35
• 1. 연구의 목표 ... 35
• 2. 연구의 내용 ... 35
• 제3절 연구수행 전략 및 방법 ... 36
• 제2장 최근의 국내·외 과학기술정책동향 ... 37
• 제1절 서설 ... 37
• 제2절 주요 외국의 과학기술정책 동향 ... 39
• 1. 미국 ... 39
• 2. 일본 ... 43
• 3. 중국 ... 47
• 4. EU ... 53
• 제3절 새 정부의 과학기술정책 동향 ... 58
• 1. 서설 ... 58
• 2. 정책방향 ... 59
• 제4절 종합 및 검토 ... 69
• 제3장 해외의 과학기술법제 운영 현황 ... 71
• 제1절 서설 ... 71
• 제2절 국제기구를 통해서 본 과학기술규범 ... 72
• 1. 유엔체제에서의 과학기술규범 ... 72
• 2. OECD체제에서의 과학기술규범 ... 95
• 제3절 주요 국가의 과학기술법제 운영 현황 ... 106
• 1. 서설 ... 106
• 2. 미국의 과학기술법제 ... 106
• 3. 일본의 과학기술법제 ... 110
• 4. 유럽연합의 과학기술법제 ... 112
• 제4절 한･중･일 과학기술기본법제의 비교와 분석 ... 119
• 1. 서설 ... 119
• 2. 한･중･일의 과학기술기본법제의 체계 및 주요내용 ... 119
• 3. 소결 ... 151
• 제5절 종합분석 및 검토 ... 156
• 제4장 국가 과학기술 관련 법제 현황 분석 ... 159
• 제1절 서설 ... 159
• 제2절 과학기술 관련 법제의 규율체계 및 내용 ... 161
• 1. 과학기술법의 개념 정의 ... 161
• 2. 과학기술법의 내용과 범위 ... 163
• 3. 현행 과학기술법의 유형과 범위 ... 174
• 제3절 과학기술 관계법 운용체계의 분석 및 평가 ... 182
• 1. 서설 ... 182
• 2. 정책총괄 관계 법률 ... 182
• 3. 과학기술 관련 조직.기구 관계 법률 ... 185
• 4. 과학기술진흥 및 관리 관계 법률 ... 188
• 5. 과학기술 안전관리 및 역기능 방지 관계 법률 ... 202
• 제4절 종합분석 및 검토 ... 205
• 제5장 현행 과학기술기본법의 문제점 및 개선방안 ... 207
• 제1절 과학기술기본법의 제정과 발전 ... 207
• 1. 서설 ... 207
• 2. 우리나라 과학기술관계법의 발전역사 ... 209
• 3. 과학기술기본법의 제정 배경 및 주요내용 ... 211
• 4. 과학기술기본법의 개정 및 발전 ... 213
• 제2절 과학기술기본법의 문제점 및 보완사항 분석 ... 228
• 1. 서설 ... 228
• 2. 법체계적 측면에서의 문제점 및 보완사항 ... 228
• 3. 규율 내용적 측면에서의 문제점 및 보완사항 ... 240
• 제3절 과학기술기본법의 합리적 개선방안 ... 252
• 1. 법체계적 측면의 개선방안 ... 252
• 2. 규율 내용적 측면의 개선방안 ... 256
• 3. 합리적 개선을 위한 입법전략의 검토 ... 292
• 제6장 결론 ... 294
• 참고문헌 ... 298
• 부록 1 과학기술 관계법률 현황 ... 305
• 부록 2 과학기술기본법 개정(안) ... 311
• 부록 2 중국 및 일본의 과학기술기본법률 ... 335
• 끝페이지 ... 352