Reason for proposal

As the value of research data is steadily increasing as a source of new knowledge and value creation, the need for a research data sharing system for promoting convergent and collaborative research has also emerged. Major countries, including the United States, have promoted policies for the systematic management and utilization of research data since the early days. They have created new achievements by applying artificial intelligence technology, while accumulating research data through the digitalization of scientific and technological research data.

In recent years, Korea has also made various attempts to systematically manage and utilize publicly funded research data, including the introduction of a data management plan and the deployment of a national research data platform. However, such efforts have been limited due to the lack of legal and institutional infrastructure. Nevertheless, it is urgent to establish a research data management and utilization system in view of the low birthrate, aging population, increasing number of technology leakage cases, and other incidents that Korea currently faces.

Therefore, the Act intends to contribute to the development of the national economy and the improvement of the quality of life of the general public by enacting a law to systematically manage and utilize research data generated in the course of national research and development, so as to create new scientific and technological achievements and socioeconomic values through sharing and utilization, while promoting the creation of digital assets from research outputs produced by research and development projects.

Main contents

a. Definition of National Research Data (Subparagraph 3 of Article 2 of the draft)

The national research data that need to be managed and utilized among all the research data generated in the course of national research and development are limited to data or information that is essential to the verification or representation of research and development results.

b. Scope of Application (Article 3 of the draft)

Research data of such national research and development projects or tasks that do not require the collection and management of research data are excluded from the scope of application, including international joint research and development projects, projects in the humanities and social fields, security projects, and projects in which a private business is the lead research entity.

c. Collection and Management of National Research Data (Article 13 of the draft)

It provides a basis for R&D institutions to install and operate repositories for collecting and managing national research data at the institutional level, and for the operators of national research data integration platforms to support the installation and connection of the R&D institutions' repositories.

d. Retention of National Research Data (Article 14 of the draft)

It provides that R&D organizations will inherit and retain the rights to national research data from the researchers. However, if other laws or research contracts clearly stipulate the matters related to the attribution of the rights to national research data, they will be applied with priority.

e. Registration and Disclosure of National Research Data (Article 15 of the draft)

It provides that R&D organizations are required to register and disclose national research data on the National Research Data Integration Platform. However, it also stipulates that national research data comprising information protected by other laws should not be disclosed.

f. Utilization of National Research Data (Article 16 of the draft)

National research data will be provided and used free of charge as a rule. However, a statutory basis is provided for the trading of such data for a fee, if required.

g. National Research Data Integrated Platform (Article 17 of the draft)

It provides the basis for the deployment of an information system to provide integrated services that can be freely searched and utilized, while registering and linking national research data disclosed by R&D institutions, and the basis for the designation and revocation of the operating organization of such an information system.

h. Leading Organization (Article 18 of the draft)

It provides the basis for the designation and revocation of leading organizations to promote the management and utilization of national research data.

i. Specialized Centers by Field (Article 19 of the draft)

It provides the basis for the designation and cancellation of specialized centers to manage and preserve national research data in specialized fields, such as bio, materials, etc., and to promote the utilization of national research data in those fields.

j. Dispute Mediation (Article 20 of the draft)

It provides the basis for the mediation or settlement of disputes arising in the process of managing and utilizing national research data.