Startup FAQ

  • Q

    Is it possible to list a graduate student who is serving as a specialized research agent (as part of his military service) as a representative of the faculty startup?

    A

    Article 39, Paragraph 4 of the Military Service Act establishes an obligation of good faith, requiring individuals to submit a pledge to faithfully fulfill their mandatory service duties if enlisted as a researcher or industrial technician. Meanwhile, under the Commercial Act, a director of a company is considered a full-time executive officer, with limitations preventing them from undertaking duties outside the company's business or becoming an unlimited liability member of another company under the obligation of good faith.
    Consequently, if a specialist researcher, as defined under the Military Service Act, assumes the role of a representative director in a startup founded during his military service, conflicts may arise between the obligations of good faith outlined in the Military Service Act and Commercial Act. Notably, the Guide for Specialized Research Personnel provided by the Military Service Administration also explicitly states that serving as a director of a corporation and engaging in commercial activities while fulfilling his duties as a specialist researcher is a violation of the Military Service Act.

  • Q

    Following the amendment to the Enforcement Decree of the Special Act for the Promotion of Venture Businesses, the scope of external experts eligible for stock options has been expanded. Is it now feasible to extend stock options to Ph.D. researchers?

    A

    In accordance with the Enforcement Decree of the Special Act for the Promotion of Venture Businesses, individuals with 10 years of experience, Ph.D. holders, and those with 5 years of practical experience after obtaining a master's degree are eligible for stock option grants. In principle, researchers holding Ph.D. degrees and engaged in work are also eligible to receive stock options from venture companies.
    Furthermore, according to the precedent set by the Supreme Court, the stock option system is considered a performance compensation mechanism designed to encourage employees, who contribute or can contribute to a company’s establishment, management, and technological innovation, to remain dedicated by utilizing the benefits of future stock purchases as an incentive.
    However, exercising due diligence is advised for granting stock options to such individuals as the Military Service Administration tends to rigorously examine whether researchers on special military service obligations, and granted stock options, face impediments to engaging in other research work due to reasons specified in Article 6 (Reasons for transfer exclusion) of the Management Regulations for Specialized Research and Industrial Personnel. Additionally, they scrutinize whether there are violations of the duty of good faith outlined in Article 39, Paragraph 4 of the Military Service Act.

     

  • Q

    Are there potential risks in allocating startup shares to the students, or do any policy restrict such activity?

    A

    As per KAIST's Guidelines for Preventing Employee Conflicts of Interest, the issuance of startup shares to a student by a faculty founder, in exchange for legitimate consideration, is exempt from reporting or permission requirements outlined in the same guidelines. However, if a student, having received shares from a faculty startup, actively participates in its business activities, such involvement is deemed a for-profit activity, and the student is obligated to report such activities to the relevant department, specifically the Student Support Team.

  • Q

    Where two faculty members start a company as co-representatives (or as CEO and CTO), are they both recognized as faculty startup founders after the leave of absence and dual office process and personnel review?

    A

    As per interpretations by relevant departments, including the Academic Affairs Team, it is clarified that only one faculty member can be approved as a faculty founder, even in the case of co-founding. This approach is taken to align with the intended purpose of the program, ensuring that all 10 faculty members are not approved as founders if they co-found a company and hold registered officer positions. The procedures for leave of absence or dual office approvals adhere to the guidelines for faculty members holding dual positions, and founding a company is one of the several reasons for permitting dual offices.

  • Q

    What happens when the criteria for startups, such as the shareholding ratio, are not met while running the faculty startup?

    A

    In accordance with the Startup Policy, support for a faculty startup may be terminated if it fails to meet the specified criteria. The Startup Committee, after deliberation, holds the authority to revoke decisions related to technology implementation, approval for leave of absence, or dual office. In essence, this implies that you would no longer qualify for the support programs desiganted for faculty startups.
    However, in the event that the requirements for faculty startups are not met, you have the option to continue your business activities as a general startup. For reference, the Startup Policy mandates the reporting of significant changes to a startup company to the relevant department (StartUp KAIST) within 20 days from the occurrence of such changes.

  • Q

    While I have established a business as a faculty startup, circumstances may not allow to sign the technology implementation contract. Could I cancel this process?

    A

    Article 10, Paragraph 1 of the Startup Policy specifies that a faculty member is allowed to hold a dual office position for the purpose of starting a business. Additionally, Article 10, Paragraph 3 states that a faculty member can reduce the post-approval period of the dual office by obtaining approval from the Head of Department, Dean of College, cooperation of the Head of Administrative Affairs Office, and the approval from the Head of Academic Affairs.
    In the event that internal circumstances of the company hinder the execution of a technology contract following the approval of the dual office position, it is considered a request for a shortened duration and early termination of the dual position. As such, you may submit an application to your department office to shorten the dual office position in accordance with Article 10, Paragraph 3 of the Startup Policy.

  • Q

    Technology implementation contract needs to be signed within 6 months of the startup. What would happen if it is delayed due to company circumstances?

    A

    A new startup is obligated to enter into a technology implementation contract with the school within six months of its incorporation. Nevertheless, the deadline may be extended due to unavoidable circumstances with the approval of the Technology Commercialization Committee. For startups established before employment or general startups seeking conversion to faculty startups, the deadline for contract signing will be determined following the approval of the relevant committee.

  • Q

    It is said that the startup shall be established within six months of the approval of the Faculty Startup Personnel Review meeting. What would happen if I fail to do so?

    A

    In accordance with the Startup Policy, startup support, decisions on technology grants, and approvals granted for a leave of absence will be revoked if the business is not established within six months. Thus, it is advisable to request a change in the approval date for your leave of absence from your department office if there is an anticipated delay in the establishment of your startup.

     

  • Q

    Can anyone apply to register a startup established prior to his/her employment as a Faculty Startup after his/her employement, or convert a general startup to faculty startup?

    A

    In line with the objective of supporting entrepreneurs establishing startups, KAIST stipulates that startups initiated before faculty appointments or general startups must have a business vintage of less than seven years to qualify for conversion into faculty startups. Should a faculty member desire to sustain a business initiated before their appointment, eligibility for faculty startup status can be obtained through approval from the Startup Committee.
    Furthermore, the conversion of a general business to a faculty startup, which does not meet the specified requirements or fails to adhere to relevant procedures, will be subject to review by the Technology Commercialization Committee.

  • Q

    When entering into a technology implementation contract in the course of the starting a Faculty Startup, shall non-registered technologies in the provisional application stage be included in the contract?

    A

    Per the the laws and regulations governing technology transfer and commercialization, any technical, scientific, or industrial know-how with the potential for transfer and commercialization is eligible for inclusion in a technology transfer agreement. This eligibility persists even when the know-how has not been registered as a patent and is currently in the pending stage. Therefore, it is naturally subject to inclusion in the implementation contract.

  • Q

    Is it allowed to start a business without using school technology?

    A

    Establishing a company without the utilization of school technology does not fall within the Faculty Startup program under the Startup Policy, but is instead subject to the Policy on External Business Activities. As a general rule, faculty members are not permitted to engage in additional business activities without prior approval of the school (Article 33 of the Personnel Policy).
    If you establish a company and participate in its management outside the scope of the Startup Policy, approval for dual office roles relating to the external private company must be obtained. For detailed information on terms, criteria, and the process for approval for faculty members engaging in dual office roles, please consult the Dual Office Guidelines and contact your department (division) office.

     

  • Q

    Are research project contracts allowed between the faculty startups and the school?

    A

    While there are no restrictions on entering industry-university research project contracts, it is essential to conduct the project with the awareness that failure to patent the research outcomes, following the contract signing, may potentially harm the interests of the school.

  • Q

    Who has ownership over the intellectual property rights acquired by the faculty startup?

    A

    Inventions developed by faculty founders within school research projects are deemed work inventions and are subject to management in accordance with the Work Invention Management Policy. However, for inventions unrelated to the school research projects and are self-funded by the startup company, the ownership share held by the faculty founder will be jointly owned by the school and the startup company. Faculty founders, being obligated to report intellectual property rights to the school, are advised to consult with the KAIST Institute of Technology Value Creation for detailed information on the specifics of joint ownership.

  • Q

    What do I need to report to StartUp KAIST after starting a business?

    A

    In accordance with Article 8 of the Student Startup Management Guidelines, you are required to report the establishment of your business to StartUp KAIST within the year of its establishment after participating in a program organized by StartUp KAIST.

  • Q

    Can I get support for starting a business after graduating from school?

    A

    In accordance with Article 6 of the Student Startup Management Guidelines, only graduates within five years of graduation are eligible to receive support for starting a business, including participation in entrepreneurship education programs.

  • Q

    How does TBIC invite companies to join its incubator program?

    A

    Alumni companies and general companies are invited to apply through an open call, which is made irregularly depending on the vacancy rate. The open call is announced on public media (daily newspapers) and websites of related institutes, TBIC, and KAIST. Faculty, student startups, and subsidiaries are selected through separate procedures.
     

  • Q

    How large is the space available for resident companies?

    A

    TBIC owns incubation spaces of various areas: 33 (10 pyeong), 50 (15 pyeong), 66 (20 pyeong), etc. Resident companies will be assigned a space no larger than 99 (30 pyeong). One office will be assigned per company, but some flexibility may be exercised depending on the circumstances of resident companies.
     

  • Q

    Who can apply to join the incubator program?

    A

    The incubator program is open to potential entrepreneurs with outstanding ideas, enterprises less than three years old, and corporations (note that potential entrepreneurs must start a business or establish a corporation within six months from the start date of incubation).
     

  • Q

    How are resident companies selected?

    A

    Document screening is performed on application forms and business proposals submitted by applicants. On-site evaluation may be conducted where necessary. This is followed by a presentation evaluation, where the CEOs of candidate companies give presentations on business proposals. The incubation evaluation committee makes the final decision and notifies candidate companies of the results. Faculty, student startups, and subsidiaries are selected through separate procedures.
     

  • Q

    What are the criteria used in selecting resident companies?

    A

    Applicants are qualitatively evaluated based on an evaluation table composed of technology, market potential, and business value.
     

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