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GOVERNMENT PROCUREMENT ACT

Act No. 4697, Jan. 5, 1994

Amended by Act No. 7394, Mar. 24, 2005

Act No. 7723, Dec. 14, 2005

Act No. 9283, Dec. 31, 2008

Act No. 9714, May 27, 2009

Act No. 9830, Dec. 29, 2009

Act No. 10290, May 17, 2010

Act No. 11461, jun. 1, 2012

Act No. 11552, Dec. 18, 2012

Act No. 11631, Mar. 22, 2013

Act No. 11888, Jul. 16, 2013

Act No. 13118, Feb. 3, 2015

Act No. 13394, Jul. 20, 2015

Act No. 13817, Jan. 27, 2016

Act No. 14197, May 29, 2016

Act No. 14526, Jan. 17, 2017

 Article 1 (Purpose)
The purpose of this Act is to provide for necessary matters concerning the administration and management of public procurement services to ensure its efficient performance, while taking into account the public character of the public procurement services.
[This Article Wholly Amended by Act No. 13817, Jan. 27, 2016]
 Article 2 (Definitions)
The terms in this Act shall be defined as follows: <Amended by Act No. 13817, Jan. 27, 2016>
1. The term "procurement commodities" means demand commodities and stockpile commodities;
2. The term "demand commodities" means the commodities stipulated by Presidential Decree, which are required by an end-user institution;
3. The term "stockpile commodities" means any daily necessities, raw materials, and facility materials the Government stores up and supplies, either solely or in cooperation with the private sector, for the smooth supply and demand of commodities both on a short-term and long-term basis and refers to commodities stipulated by Presidential Decree;
4. The term "safety management commodities" means the procurement commodities related to the safety of living, protection of life, and public health and sanitation, which are designated and publicly notified by the Administrator of the Public Procurement Service;
5. The term "end-user institution" means any of the following agencies requiring procurement commodities, conclusion of contracts for facility construction, or management of facilities:
(a) State agencies;
(b) Local governments;
(c) Other agencies prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 3 (Scope of Public Procurement Services)
The scope of public procurement services conducted by the Administrator of the Public Procurement Service shall be as follows:
1. Purchase, distribution management, and supply of procurement commodities and any business ancillary thereto;
2. Awarding contracts for facility construction for end-user institutions and any business ancillary thereto;
3. Administration and operation of facilities for end-user institutions and any business ancillary thereto;
4. Business affairs of the same type as referred to in subparagraphs 1 through 3, which the Administrator of the Public Procurement Service may or is required to conduct in accordance with other statutes.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 3-2 (Encouragement of Social Responsibilities)
In order to encourage social responsibilities of enterprises, the Administrator of the Public Procurement Service may reflect the social and environmental value, such as the environment, human rights, labor, employment, fair trade, and consumer protection, in the procurement procedures.
[This Article Newly Inserted by Act No. 13817, Jan. 27, 2016]
 Article 3-3 (Education and Training for Personnel, etc. Engaging in Procurement Business)
The Administrator of the Public Procurement Service may provide education and training in public procurement for the improvement of professionalism and expertise of personnel of the Public Procurement Service, end-user institutions, and private enterprises, engaging in public procurement or delivery business.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 3-4 (Quality Management of Procurement Commodities)
(1) In order to improve the quality of procurement commodities, the Administrator of the Public Procurement Service may execute the following affairs for quality management:
1. Inspection of production facilities in order to ascertain whether a manufacturer produces commodities directly;
2. Quality inspection and inspection upon delivery so as to ascertain the production and delivery of products in conformity with agreed specifications;
3. Follow-up management of delivered commodities;
4. Other affairs necessary for the quality management of procurement commodities.
(2) The Administrator of the Public Procurement Service may require businesses subject to test or inspection to bear expenses incurred in testing or inspection for quality management under paragraph (1) 2, as prescribed by Presidential Decree: Provided, That expenses incurred in testing and inspecting commodities upon delivery shall be borne by each business so inspected.
(3) Matters regarding the standards and procedure, etc., necessary to execute quality management under paragraph (1) shall be publicly notified by the Administrator of the Public Procurement Service.
[This Article Newly Inserted by Act No. 11552, Dec. 18, 2012]
 Article 3-5 (Quality Management, etc., of Safety Management Commodities)
(1) For the safety of the people, the Administrator of the Public Procurement Service shall execute the affairs referred to in the subparagraphs of Article 3-4 (1) for the quality management of safety management commodities.
(2) Matters concerning the selection of items of safety management commodities, revocation thereof, etc., shall be prepared and publicly notified by the Administrator of the Public Procurement Service, in consultation with related agencies.
[This Article Newly Inserted by Act No. 13817, Jan. 27, 2016]
 Article 3-6 (Special Cases concerning Quality Management)
Upon receipt of a request from the head of a relevant agency or institution to conduct an inspection on delivery pursuant to Article 3-4 (1) 2 in any of the following cases, the Administrator of the Public Procurement Service may conduct the inspection on delivery, on behalf of the head of the agency or institution, notwithstanding Article 14 of the Act on Contracts to which the State is a Party, Article 17 of the Act on Contracts to which a Local Government is a Party, and Article 28 of the Defense Acquisition Program Act: <Amended by Act No. 13817, Jan. 27, 2016>
1. Commodities or services directly procured by the head of a central administrative agency (including the head of a public institution);
2. Commodities or services directly procured by the head of a local government;
3. Commodities or services directly procured by the Commissioner of the Defense Acquisition Program Adminstration.
[This Article Newly Inserted by Act No. 11552, Dec. 18, 2012]
 Article 3-7 (Statistics of Procurement)
(1) In order to understand the status of public procurement and formulate and implement effective procurement policies, the Administrator of the Public Procurement Service shall make statistics on contracts signed by the heads of state agencies, local governments, and institutions specified by Presidential Decree (hereafter referred to as "state agency, etc." in this Article). In such cases, the Administrator of the Public Procurement Service may request a state agency, etc. (referring to the end-user institution, in cases of a contract signed by the Administrator of the Public Procurement Service) to provide him/her with necessary data.
(2) Upon receipt of a request to provide data pursuant to paragraph (1), a state agency, etc., shall comply therewith, except in extenuating circumstances.
(3) Matters necessary for subject matters of statistics to be made under paragraph (1) and the methods and procedure for making such statistics, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11888, Jul. 16, 2013]
 Article 3-8 (Cooperation in International Procurement and Assistance in Entry into Overseas Procurement Markets)
(1) In order to create an environment for fair competition in the procurement market, the Administrator of the Public Procurement Service may expand exchanges and cooperation with related domestic institutions and procurement authorities in foreign countries and may assist domestic enterprises in entering into overseas procurement markets.
(2) Procedures and methods for assisting domestic enterprises’ entry into overseas procurement markets and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11888, Jul. 16, 2013]
 Article 3-9 (Requests, etc., for Providing Data)
(1) Where deemed necessary for efficiently performing purchases of commodities to be procured from foreign countries and formulating stockpiling plans, as part of procurement services referred to in Article 3, and effectively managing programs for assisting the entry into overseas procurement markets pursuant to Article 3-8, the Administrator of the Public Procurement Service may request the head of any related administrative agency to provide data on import and export, including records of customs clearance of commodities, etc., as prescribed by Presidential Decree. In such cases, the head of a related administrative agency shall comply therewith, except in extenuating circumstances. <Amended by Act No. 13817, Jan. 27, 2016>
(2) The Administrator of the Public Procurement Service shall protect the data provided under paragraph (1) in accordance with the Personal Information Protection Act when he/she handles such data.
[This Article Newly Inserted by Act No. 13118, Feb. 3, 2015]
 Article 4 (Derivatives Trading)
(1) The Administrator of the Public Procurement Service may deal in derivatives under Article 5 (1) 1 and 2 of the Financial Investment Services and Capital Markets Act, if required to avoid risks due to the price fluctuation and the unstable supply and demand of stockpile commodities.
(2) Details and scope of derivatives trading under paragraph (1) and other necessary matters shall be provided for by Presidential Decree.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 5 (Special Cases for Contracts)
(1) The Administrator of the Public Procurement Service may enter into contracts according to the contracting methods prescribed by Presidential Decree, if he/she deems it necessary to purchase and supply demand commodities and stockpile commodities commonly required by each end-user institution. <Amended by Act No. 10290, May 17, 2010>
(2) Where the Administrator of the Public Procurement Service purchases standardized products in a scale not smaller than the scale prescribed by Presidential Decree, among competitive products manufactured by small and medium enterprises in Article 6 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets, in order to increase opportunities for small businesses in Article 2 (2) of the Framework Act on Small and Medium Enterprises and small and micro businesses in Article 2 of the Act on the Protection of and Support for Micro Enterprises to receive orders, the Administrator may execute procurement contracts through competitive bidding among joint suppliers composed of small and medium enterprises in Article 2 of the Framework Act on Small and Medium Enterprises. <Newly Inserted by Act No. 10290, May 17, 2010; Act No. 13086, Jan. 28, 2015>
(3) If it is found that bidders negotiated and agreed on bidding prices in advance during the competitive bidding pursuant to paragraph (2) or joint suppliers colluded in bidding for successful bidding of a particular person, the Administrator of the Public Procurement Service shall take necessary measures, such as the revocation of a decision on a successful bidder or the cancellation, termination, etc. of a contract, against such bidders: Provided, That the foregoing shall not apply where an exceptional situation specified by Presidential Decree exists, such as where no suitable contractor or manufacturer exists, except those against whom necessary measures, such as the revocation of a decision on a successful bidder or the cancellation, termination, etc. of a contract, shall be taken. <Newly Inserted by Act No. 10290, May 17, 2010; Act No. 13394, Jul. 20, 2015>
(4) The Administrator of the Public Procurement Service shall place restrictions on the qualification of members of a joint supplier referred to in the main sentence of paragraph (3) for participating in bidding pursuant to Article 27 of the Act on Contracts to which the State is a Party. <Newly Inserted by Act No. 13394, Jul. 20, 2015>
(5) The scope of standardized products, the composition of joint suppliers, etc. pursuant to paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10290, May 17, 2010; Act No. 13394, Jul. 20, 2015>
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 5-2 (Request for Entering into Contract)
(1) Where the value of money requested for a contract, the nature of a contract, and any other matters comply with the standards prescribed by Presidential Decree, in entering into a contract pertaining to commodities in demand or construction, the head of each end-user institution shall request for entering into a contract to the Administrator of the Public Procurement Service: Provided, That the foregoing shall not apply to cases specified by Presidential Decree for which it is impracticable to request to execute a contract due to a natural disaster or other force majeure event or cases for which it is inappropriate to request to execute a contract for national defense or the protection of State secrets or due to a disaster, emergency relief, or special features of technology. <Amended by Act No. 11552, Dec. 18, 2012>
(2) The head of each end-user institution may request, to the Administrator of the Public Procurement Service, for entering into a contract for the purchase of commodities in demand and construction even in cases not falling under paragraph (1).
(3) Where the Administrator of the Public Procurement Service is requested to enter into a contract under paragraphs (1) and (2), he/she shall determine a contracting method and others in consultation with the end-user institution, according to statutes that the end-user institution shall apply with respect to the conclusion of a contact: Provided, That consultation may be omitted if deemed unnecessary for the purpose or nature of the contract.
[This Article Newly Inserted by Act No. 9830, Dec. 29, 2009]
 Article 5-3 (Assistance in and Vicarious Execution of Procurement Business)
If requested by the head of an end-user institution, the Administrator of the Public Procurement Service may provide assistance in or vicariously perform any of the following affairs prescribed by Presidential Decree:
1. Procurement of demand commodities related to the software business defined in subparagraph 3 of Article 2 of the Software Industry Promotion Act and affairs related to projects pertaining thereto;
2. Contracts for facility construction and affairs related to projects pertaining thereto.
[This Article Newly Inserted by Act No. 13817, Jan. 27, 2016]
 Article 5-4 (Price Payment)
(1) Where the Presidential Decree determines that it is more efficient for him/her to pay the price for the performance of a contract on behalf of the head of an end-user institution (hereinafter referred to as "substitute payment") in view of the scale of the contractor, contracting method, its own financial conditions, etc., on condition that the contract concluded as such has been performed in normal ways, the Administrator of the Public Procurement Service shall pay such price in substitution.
(2) Where substitute payment has not been made by the Administrator of the Public Procurement Service as it does not fall under paragraph (1), the head of an end-user institution shall directly pay the relevant price to the contracting party, and notify the Administrator of the Public Procurement Service of the fact as soon as such payment is made.
(3) Where the head of an end-user institution intends to pay the price in advance under Article 26 of the Management of the National Funds Act and Article 35 of the Local Accounting Act, he/she may make an advance payment to the Administrator of the Public Procurement Service. <Amended by Act No. 14197, May 29, 2016>
(4) Necessary matters concerning collection procedures, deadline, etc., for the amount paid in substitution under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9714, May 27, 2009]
 Article 6 (Fees)
(1) The Administrator of the Public Procurement Service may collect fees from end-user institutions in relation to public procurement services.
(2) Fees referred to in paragraph (1) shall be deemed the revenue of the special accounts for procurement.
(3) The Administrator of the Public Procurement Service may reduce or exempt fees when he/she has been paid the price from the head of an end-user institution in advance under Article 5-4 (3). <Amended by Act No. 13817, Jan. 27, 2016>
(4) Necessary matters concerning the determination, collection procedures, etc. of fees referred to in paragraph (1) and the standards, methods, etc. of reduction or exemption of fees referred to in paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 6-2 (Arrears)
The Administrator of the Public Procurement Service may impose an arrear, as prescribed by Presidential Decree, on the head of any end-user institution who fails to pay the amount paid in substitution under Article 5-4 (1) or fees under Article 6 (1) by the deadline for payment. <Amended by Act No. 13817, Jan. 27, 2016>
[This Article Newly Inserted by Act No. 9830, Dec. 29, 2009]
 Article 7 (Entrustment of Facility Management, etc.)
(1) When the Administrator of the Public Procurement Service deems it necessary to perform public procurement services, he/she may entrust some of the affairs to another administrative agency or a corporation, organization, or individual with the management and operation of the warehouses, container yards, and other facilities belonging to the special accounts for procurement, services specified in the subparagraphs of Article 3, affairs specified in the subparagraphs of Article 3-4 (1), and in Articles 3-5 (1) and 3-6, as prescribed by Presidential Decree: Provided, That when he/she intends to entrust any affair specified in Article 3-4 (1) 2, 3-5 (1), or 3-6 to a person, he/she shall entrust such affair to a testing or inspection institution approved or recognized under Article 23 of the Framework Act on National Standards or any other Act. <Amended by Act No. 11552, Dec. 18, 2012; Act No. 13817, Jan. 27, 2016>
(2) The Administrator of the Public Procurement Service or any person who has been entrusted under paragraph (1) may keep and manage commodities, other than procurement commodities, in the facilities as a trustee.
(3) The Administrator of the Public Procurement Service may wholly or partially subsidize costs incurred in performing the entrusted procurement services under paragraph (1) within budgetary limits of the special accounts for procurement.
(4) An institution to which an affair specified in the subparagraphs of Article 3-4 (1) or in Article 3-5 (1) or 3-6 pursuant to paragraph (1) is entrusted (hereinafter referred to as "entrusted institution") shall keep and preserve records on the execution of the relevant affair. <Newly Inserted by Act No. 11552, Dec. 18, 2012; Act No. 13817, Jan. 27, 2016>
(5) If necessary, the Administrator of the Public Procurement Service may require an entrusted institution to submit data relevant to its business or may authorize public officials under his/her jurisdiction to enter a relevant office or place of business and inspect the performance of quality management. <Newly Inserted by Act No. 11552, Dec. 18, 2012>
(6) Necessary matters for the entrustment of affairs specified in the subparagraphs of Article 3-4 (1) and in Articles 3-5 (1) and 3-6 under paragraph (1) and the administration and supervision of entrusted institutions, shall be determined and publicly notified by the Administrator of the Public Procurement Service. <Newly Inserted by Act No. 11552, Dec. 18, 2012; Act No. 13817, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 8 Deleted. <by Act No. 11631, Mar. 22, 2013>
 Article 9 (Procurement Procedures, etc.)
Matters concerning the procedures for and scopes of public procurement service, such as the purchase and supply of procurement commodities and contracts for facility construction, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 9-2 (Designation of Exemplary Procurement Commodities, etc.)
(1) The Administrator of the Public Procurement Service may designate and announce any of the following commodities or trademarks as exemplary procurement commodities or exemplary procurement joint trademarks (hereafter referred to as "exemplary procurement commodities, etc." in this Article) to improve the quality of procurement commodities: <Amended by Act No. 13817, Jan. 27, 2016>
1. Exemplary procurement commodities: Commodities produced by any of the following enterprises, the performance, technology or quality of which meets the standards prescribed by Presidential Decree:
(a) Any of the small and medium enterprises referred to in Article 2 (1) of the Framework Act on Small and Medium Enterprises;
(b) Any of the enterprises which meets the criteria prescribed by Presidential Decree, such as the amount of sales and the period elapsed since it has become a middle-standing enterprise, among the middle-standing enterprises under Article 2 of the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;
2. Exemplary procurement joint trademarks: Joint trademarks developed and retained by small and medium entrepreneurs (referring to small and medium entrepreneurs under the Framework Act on Small and Medium Enterprises) not less than the number prescribed by Presidential Decree to enhance sales activities, the technology, quality certification, etc., of which meet the standards prescribed by Presidential Decree.
(2) The Administrator of the Public Procurement Service may take necessary measures to increase the purchase of and to expand a market for exemplary procurement commodities, etc., as prescribed by Presidential Decree.
(3) The Administrator of the Public Procurement Service may revoke the designation of exemplary procurement commodities, etc., so designated under paragraph (1) in cases prescribed by Presidential Decree, including failure to meet initial designation standards.
(4) Designation procedures and period of exemplary procurement commodities, etc., and other detailed matters concerning operation shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9830, Dec. 29, 2009]
 Article 9-3 (Investigation into Unfair Procurement Practices for Demand Commodities)
(1) Upon receipt of a report on any of the following practices that harm fairness in the procurement process for demand commodities (hereinafter referred to as “unfair procurement practices for demand commodities”), the Administrator of the Public Procurement Service may require public officials under his/her control to demand the submission of relevant materials by an opposite party to the contract; or may require them to visit any office, place of business, factory, etc., to inspect facilities, documents, etc., if necessary for investigating the report:
1. Counterfeiting or falsifying documents regarding the bid, contract, inspection upon delivery, etc., or submitting false documents by the bidder or the opposite party to the contract;
2. Delivering goods in violation of direct production standards;
3. Delivering goods with false label of country of origin;
4. Delivering goods inconsistent with the contract standards without prior consent of the end-user institution;
5. Obtaining designation of exemplary procurement commodities, etc., by fraud or improper means.
(2) A public official conducting inspection under paragraph (1) shall present an identification indicating his/her authority to interested parties.
(3) A public official conducting inspection under paragraph (1) shall do so within the extent least required for enforcing this Act; and shall not abuse his/her authority for other purposes.
(4) Where any unfair procurement practice for demand commodities is found, the Administrator of the Public Procurement Service may require the opposite party to the contract to rectify such practice; and shall implement dispositions or take other actions pursuant to relevant statutes, such as the Act on Contracts to Which the State Is a Party, or the terms and conditions of the contract.
(5) Where required to rectify under paragraph (4), the opposite party to the contract may raise an objection to the Administrator of the Public Procurement Service, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14526, Jan. 17, 2017]
 Article 10 (Payment of Bounty)
(1) The Administrator of the Public Procurement Service may pay the bounty within budgetary limits to the persons who have reported or informed on the acts of giving and receiving bribes in relation to the duties of public officials performing public procurement services and submitted evidential material backing it up (hereinafter referred to as "reporters, etc.").
(2) A person who has received a report or information under paragraph (1) shall keep confidentiality on identity, etc. of the reporters, etc.
(3) Matters concerning the scope of persons subject to bounty payment under paragraph (1) and the criteria, procedures, etc. for bounty payment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9830, Dec. 29, 2009]
 Article 11 (Determination of Sale Price of Stockpile Commodities)
(1) The sale price of stockpile commodities shall be determined by the Administrator of the Public Procurement Service by considering the purchase cost (including expenses directly incurred for management, including the price of goods and distribution management costs), demand and supply of commodities in question, the trend of price and any other aspects.
(2) Where the sale price of stockpile commodities exceeds the purchase cost, the amount of excess shall be deemed the revenue of the special accounts for procurement.
[This Article Newly Inserted by Act No. 9830, Dec. 29, 2009]
 Article 11-2 (Payment by Credit Cards, etc.)
(1) A person who intends to purchase any stockpile commodities (excluding the Administrator of the Public Procurement Service and private business operators under Article 12 (2)) may pay the purchase price of the stockpile commodities by credit card, debit card, etc. (hereafter referred to as "credit card, etc." in this Article) through an institution designated by the Administrator of the Public Procurement Service, as prescribed by Presidential Decree, to make vicarious payment of purchase prices of stockpile commodities (hereafter referred to as "institution for vicarious payment of price of stockpile commodities" in this Article).
(2) Where the purchase price of any stockpile commodities is paid by credit card, etc., under paragraph (1), the date of the approval is granted by the institution for vicarious payment of price of stockpile commodities shall be deemed the date of payment.
(3) An institution for vicarious payment of price of stockpile commodities may receive fees from persons who intend to purchase stockpile commodities, in return for the vicarious payment of the purchase prices.
(4) Matters necessary for the designation and operation of an institution for vicarious payment of price of stockpile commodities, fees for vicarious payment, etc., shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13817, Jan. 27, 2016]
 Article 12 (Private-Public Joint Stockpiling Projects)
(1) The Administrator of the Public Procurement Service may perform a private-public joint stockpiling project in cooperation with private sectors, if required to revitalize stockpiling projects.
(2) The Administrator of the Public Procurement Service may provide necessary support to commodities stockpiled by a private business operator participating in private-public joint stockpiling projects under paragraph (1) and reduce or exempt fees for using stockpiling facilities if the properties and quantity of stockpile commodities, a stockpiling period and any other matters meet the standards prescribed by Presidential Decree.
(3) The Administrator of the Public Procurement Service may request the private business operators who have received support or his/her fees reduced or exempted under paragraph (2) to preferentially sell the commodities stockpiled by the said business operators to the Public Procurement Service and take disciplinary measures prescribed by Presidential Decree, including collecting back fees reduced or exempted under paragraph (2), if the said business operators fail to comply therewith without any reasonable ground.
(4) Subjects eligible to participate in private-public joint stockpiling projects under paragraph (1), the method of participation and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9830, Dec. 29, 2009]
 Article 13 (Legal Fiction as Public Officials in Application of Penalty Provisions)
Executive officers and employees of an entrusted institution engaged in an affair specified in the subparagraphs of Article 3-4 (1) or in Article 3-5 or 3-6 pursuant to Article 7, shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 13817, Jan. 27, 2016]
 Article 14 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who omits to keep and preserve relevant records, in violation of Article 7 (4), or who keeps and preserves false records;
2. A person who fails to submit data specified in Article 7 (5) or who submits false data;
3. A person who refuses, interferes with, or evades an inspection conducted under Article 7 (5).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Administrator of the Public Procurement Service, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11552, Dec. 18, 2012]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1995.
(2) (Repeal of Acts) The Government Procurement Fund Act shall hereby be repealed.
(3) (Transitional Measures) The government procurement service in the course of performance pursuant to the Government Procurement Fund Act at the time this Act enters into force, shall be deemed the public procurement service established under this Act, and the government procurement fund established pursuant to the Government Procurement Fund Act shall be deemed the inherent capital of the special accounts for procurement, and the special accounts for procurement shall succeed to the procurement fund in any of its claim or debt.
ADDENDUM <Act No. 7394, Mar. 24, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 7723, Dec. 14, 2005>
This Act shall enter into force on January 1, 2006.
ADDENDUM <Act No. 9283, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9714, May 27, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 9830, Dec. 29, 2009>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 10290, May 17, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 11552, Dec. 18, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11631, Mar. 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11888, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13086, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on May 28, 2015. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 13118, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13394, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Exception to Contracting)
The amended provisions of Article 5 shall begin to apply from joint suppliers who make an agreement on bidding prices in advance or who collude in bidding for successful bidding of a particular person after this Act enters into force.
ADDENDA <Act No. 13817, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Payment by Credit Cards, etc.)
The amended provisions of Article 11-2 shall begin to apply from the payment of prices of stockpile commodities made after this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 14197, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on May 28, 2015. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14526, Jan. 17, 2017>
This Act shall enter into force six months after the date of its promulgation.