1. Reasons for Enactment
As the value of research data increases as a source of new knowledge and value creation, it is becoming increasingly necessary to have a research data sharing system to promote interdisciplinary and joint research. Major countries, including the US, already seek policies to ensure the systematic management and utilization of research data, digitize scientific and technological research to accumulate research data, and create new outcomes by applying artificial intelligence.
Recently, Korea has also been making attempts for the systematic management and utilization of research data, for which public funding is spent, including introducing the data management plan and building the national research data platform. However, there are limitations in promoting these attempts due to a lack of legal and institutional infrastructure, and considering low birth rates, population aging, and an increasing number of technology leaks, it is urgently needed to establish a management and utilization system for research data.
In this context, by establishing this Act as the basis for systematically managing and utilizing research data produced over the course of national research and development, it is intended to better translate research outcomes into digital assets produced from research and development, create new scientific and technological outcomes and socioeconomic values by sharing and utilizing research data, and thereby contribute to the national economy and a better quality of life for people.
2. Major Provisions
A. Definition of research data (Article 2 Subparagraph 2)
Limit the definition of research data produced over the course of national research and development, which it is necessary to collect and manage, to the data required to validate or reproduce research and development outcomes.
B. Scope (Article 3)
Exclude from the scope the fields where it is not appropriate to collect and manage research data, such as humanities projects, security projects, projects initiated by enterprises, and international joint research and development projects among other national research and development projects.
C. Disclosure of research data (Article 4)
Exclude from disclosure the research data containing information protected under the Copyright Act and other applicable laws, and specify that only the research data which can be jointly used is allowed to be disclosed and shared at the judgment of the research and development institution.
D. Use of research data (Article 5)
Prepare the basis that research data is provided and used for free in principle and can be transacted for a fee if necessary.
E. Possession of research data (Article 10)
Specify that the research and development institution is allowed to take over and possess the rights for research and development outcomes and research data from the researcher, and multiple research and development institutions are allowed to jointly possess such rights.
F. Leading applicable institution (Article 11)
Allow research and development institutions to autonomously collect and manage research data based on the characteristics of the research field and the situation of the institution, designate the institution that needs to preemptively manage and utilize research data as the leading applicable institution, and impose obligations to set up a plan for the management and utilization of research data.
G. Professional center by field (Article 12)
Prepare the basis to support fields, such as biotech and materials, where the joint use of research data is facilitated.
H. Integrated research data platform (Article 13)
Prepare the basis to support the integrated search and utilization of disclosed research data and repository establishment and connection by research and development institutions.
I. Dispute resolution (Article 19 through Article 24)
Prepare the basis to resolve a dispute arising during the course of collection, management, and use of research data.
