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2026-10-197 min read2

A Corporate R&D Lab in Name Only Can Now Be Revoked — On-Site Inspections, Ex Officio Revocation and Relaxed Recognition Rules Under Korea's Corporate Research Institute Act (Effective February 2026), and a Lab Compliance Checklist Before Year-End R&D Tax Credit Filing

Korea's Corporate Research Institute Act, in force since February 2026, relaxes space and staffing rules but adds on-site inspections and ex officio revocation. Here is what changed and a lab compliance checklist to run before year-end R&D tax credit filing.

KITIM Consulting Team

A Standalone Corporate Research Institute Act: What Changed

On February 1, 2026, Korea's Act on Support for Research and Development of Corporate Research Institutes (the "Corporate Research Institute Act") took effect, together with its Enforcement Decree (Presidential Decree No. 36055) and Enforcement Rules. The recognition system for corporate R&D labs and dedicated R&D departments used to sit inside the Basic Research Promotion Act. It now has its own law.

The reform does two things. It relaxes the rules on research space and staffing, and it tightens oversight after recognition. Recognition is the gateway to several benefits: the R&D and human resources development tax credit, credits for dedicated researchers' salaries, eligibility and bonus points in government R&D programs, and alternative military service placements for researchers. Keeping your recognition is therefore a cash-flow issue, not just paperwork.

Relaxed Requirements SMEs Can Use

  • Research space: A separate space is still the rule. If fixed walls aren't practical, a space divided off with movable partitions can now qualify, which helps small firms in leased offices.
  • Secondary locations: Labs used to be limited to one secondary site. Multiple sites are now allowed, which suits companies with researchers spread across headquarters, regional plants and satellite offices.
  • Dedicated researchers: Master's students working on national R&D projects can count as dedicated researchers if they meet the criteria.
  • Cure period: Under the old rules, recognition was revoked if a correction order went unaddressed for one month. Companies can now ask for an extension of up to two months.
  • Tougher Oversight: On-Site Inspections and Ex Officio Revocation

    The Minister of Science and ICT may conduct on-site inspections to check that recognition criteria are still met and that reported changes are accurate. Refusing, obstructing or evading an inspection without good reason is itself grounds for revocation.

    The bigger change: a lab facing ex officio revocation can no longer withdraw voluntarily instead. The old exit route of filing a voluntary cancellation before problems surfaced is closed. The change follows repeated criticism in National Assembly audits and the press of "paper labs" that met only the formal requirements while claiming tax credits.

    What Inspectors Actually Look For

  • Repurposed space: The lab is being used as a meeting room, storage or production area, or it has no signage or controlled access.
  • Dual roles: Dedicated researchers are also handling sales, production or administration.
  • Unreported changes: Resignations, transfers, new hires, relocations or changes in research field were never reported. Track the filing deadlines set in the Enforcement Rules.
  • No real research: There are no lab notebooks, project plans or outputs such as prototypes or reports, only paperwork.
  • For example, take a small company recognized with three dedicated researchers. If one leaves and the company neither replaces nor reports the departure, it can be cited for both the staffing shortfall and the missing report.

    Self-Check Before Year-End Tax Credit Filing

  • People: Make sure the researcher roster, social insurance and payroll records, and actual job duties all match.
  • Space: Compare the floor plans and photos you submitted at recognition with how the space is used today.
  • Evidence: Organize lab notebooks, R&D plans and interim and final outputs by project.
  • Filings: Confirm that every staffing or location change this year has been reported.
  • Clawback risk: Salary credits for dedicated researchers assume they belong to a recognized lab or department. If recognition is revoked, credits may be denied or recaptured. Timing and scope depend on the facts of each case, so confirm with a tax professional.
  • Options for New Labs or Converting a Dedicated Department

    A dedicated R&D department needs only one dedicated researcher, regardless of company size. Under the previous standards, a full lab needed at least 2 researchers for venture companies, 3 for small enterprises (2 if founded within the past three years) and 5 for medium-sized enterprises. Check the details against the new Enforcement Decree. For early-stage firms, a realistic path is to start as a dedicated department and convert to a lab as headcount grows. Because movable partitions are now allowed, securing space is also easier than before.

    Review Your Lab with KITIM

    KITIM supports the full process: setting up labs and dedicated departments, filing change reports, running operational reviews to prepare for inspections, and linking recognized labs to government R&D applications. If you want your lab checked before year-end tax filing, contact KITIM today for a consultation.

    Corporate Research InstituteCorporate Research Institute ActDedicated R&D DepartmentOn-Site InspectionRecognition RevocationDedicated ResearchersR&D Tax CreditMinistry of Science and ICT
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