ACT ON THE MANAGEMENT AND USE OF INFORMATION ON COMMODITY LISTS
Act No. 4448, Dec. 27, 1991
Amended by Act No. 5049, Dec. 29, 1995
Act No. 5454, Dec. 13, 1997
Act No. 6076, Dec. 31, 1999
Act No. 8852, Feb. 29, 2008
Act No. 9517, Mar. 25, 2009
The purpose of this Act is, through unifying the system of classifying commodities, and collecting, analysing, arranging, listing and computerizing information on commodities, to enable the acquisition of integrated and systematic information on commodities which can be used economically and efficiently for all aspects of the production, supply and demand, management and operations of commodities and the efficient management and utilization of such information.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
The terms used in this Act shall be defined as follows:
| 1. | The term "commodity" means a movable, except for cash, stocks and bonds and other movables prescribed by Presidential Decree; |
| 2. | The term "commodity list" means a list in which names and group classification of commodities are standardized in order to establish a unified classification system and continuously acquire information on commodity lists, and in which characteristics of commodities are stated for distinguishing one from another; |
| 3. | The term "information on commodity lists" means integrated and systematic information on commodities obtained from the listing and computerization of information for the efficient acquisition and use of information on commodities in all aspects of the production, supply and demand, management and operations. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 3 (Scope of Application) |
This Act shall apply to commodities in possession of the State and local governments (hereinafter referred to as "each agency") and to commodities expected to be in demand: Provided, That the same shall not apply to military supplies under the Act on the Management of Military Supplies. [This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 4 (Agencies in Charge of Operating Commodity List System) |
| (1) | The Minister of Strategy and Finance shall exercise overall control over the commodity list system and policy matters and may ask the head of each agency and the Administrator of the Public Procurement Service to report matters necessary for the commodity list system or take necessary measures, such as the demand for making corrections. |
| (2) | The Administrator of the Public Procurement Service shall exercise overall control over matters concerning the listing of commodities, the management of commodity lists, the operation of the commodity list system, etc. and he/she may, when deemed necessary to operate the commodity list system, request the head of each agency to furnish data on the management and operation of commodity lists and take necessary measures, such as the demand for making corrections. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 5 (Relation to other Acts) |
This Act shall apply unless otherwise provided for expressly in other Acts concerning the commodity list system.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 6 (Principle for Listing Commodities) |
The Administrator of the Public Procurement Service shall allocate commonly used names to commodities subject to this Act, describe the characteristics of the commodities in order to make them distinguishable, and allocate one classification number to each commodity.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 7 (Organization of Lists) |
The Administrator of the Public Procurement Service shall list commodities subject to this Act in such a way that the commodity lists shall be classified into a distinctive data list which provides information for distinction and the management data list which provides information on management.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 8 (Assigning List Numbers) |
| (1) | The Administrator of the Public Procurement Service shall allocate a list number to each commodity so as to avoid duplication, and each agency shall use commodity names and numbers that have been unified by the listing. |
| (2) | The system of commodity list numbers, method of numbering, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 9 (Request for Listing) |
| (1) | For unclassified commodities among commodities possessed by each agency or commodities to be newly acquired by it, the head of each agency shall request listing by submitting data necessary for the listing of such commodities to the Administrator of the Public Procurement Service. |
| (2) | The type of data, the method of and procedures for the submission of data, etc. for the listing of commodities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Strategy and Finance. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 10
Deleted.<by Act No. 6076, Dec. 31, 1999> |
| Article 11 (Modification of Lists) |
| (1) | The head of each agency shall, if it is necessary to modify the contents of a commodity list of the relevant agency, notify the Administrator of the Public Procurement Service of the contents to be modified. |
| (2) | The Administrator of the Public Procurement Service shall, where he/she receives notification under paragraph (1), review the contents, and regularly or occasionally modify the commodity lists. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 12
Deleted.<by Act No. 6076, Dec. 31, 1999> |
| Article 13 (Codes for Manufacturers and Suppliers) |
| (1) | The Administrator of the Public Procurement Service shall allocate manufacturer codes or supplier codes to manufacturers or suppliers of commodities used by each agency. |
| (2) | The Administrator of the Public Procurement Service or the head of each agency may request manufacturers and suppliers of commodities used by each agency to submit documents necessary for allocating codes. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 14 (Management of Commodity Lists) |
The Administrator of the Public Procurement Service shall manage commodity lists by building an integrated management system concerning information on commodity lists, in order to efficiently manage the lists and to acquire or use information on commodity lists in an integrated and systematic manner.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 15 (Management of Information on Commodity Lists) |
The Administrator of the Public Procurement Service shall review information on commodity lists on a regular basis or at any time necessary in order to keep the data relevant and up-to-date.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 16 (Expanding Use of Information on Commodity Lists) |
| (1) | The Administrator of the Public Procurement Service may provide data on commodities lists to enterprises, organizations, etc., other than each agency (hereinafter referred to as "private enterprises, etc."), if necessary for making the commodity list system widely available and expanding the use of information on commodity lists. |
| (2) | If private enterprises, etc. desire to use information on commodity lists, the Administrator of the Public Procurement Service may allow the use of such information after conducting an examination on the usage. |
| (3) | The Administrator of the Public Procurement Service may, where he/she provides private enterprises, etc. with data on commodity lists or allows them to use the data under paragraph (1) or (2), require the relevant private enterprises, etc. to pay expenses. In such cases, the contents and scope of data to be charged for, the method of payment, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 17 (Publication and Distribution of Commodity Lists) |
The Administrator of the Public Procurement Service shall ensure that information on commodity lists are widely used, by regularly or occasionally publishing and distributing data concerning commodity lists or distributing such data through computer communications, etc.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 18
Deleted.<by Act No. 9517, Mar. 25, 2009> |
| Article 19 (Exchanges of Data) |
The Administrator of the Public Procurement Service may, if necessary for the operation and development of the commodity list system, exchange and use its data on the commodity list system with foreign countries or relevant international organizations.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 20 (Education and Training) |
The Administrator of the Public Procurement Service may carry out education or training for persons in charge of tasks on commodity lists, in order to diffuse new technologies necessary for the efficient management of commodity lists, categorization of commodities, management of data on commodity lists, etc. or to improve the capabilities of those in charge of commodity lists.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 21 (Delegation or Entrustment of Tasks on Commodity List System) |
The Administrator of the Public Procurement Service may, if deemed necessary concerning tasks on the commodity list system, delegate or entrust some of the tasks on the management of commodity lists and the operations of the commodity list system to other administrative agencies, local governments, juristic persons or organizations. In such cases, if the Administrator intends to entrust to a juristic person or organization, he/she shall consult with the Minister of Strategy and Finance in advance.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
| Article 22 (Exclusion from Application) |
Application of part of this Act may be opted out of, as prescribed by Presidential Decree, regarding the commodities that are, when made into a list, apprehended to be against the interests of the State, or deemed to bring no substantial benefit.
[This Article Wholly Amended by Act No. 9517, Mar. 25, 2009]
ADDENDUM
This Act shall enter into force on January 1, 2001: Provided, That the Minister of Finance and Economy and the Administrator of Public Procurement Service and every administrative agency may prepare any necessary measure for the enforcement of this Act even before this Act enters into force.
<Amended by Act No. 5049, Dec. 29, 1995; Act No. 6076, Dec. 31, 1999>
ADDENDUM<Act No. 5049, Dec. 29, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM<Act No. 6076, Dec. 31, 1999>
This Act shall enter into force on March 1, 2000.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7
Omitted.
ADDENDUM<Act No. 9517, Mar. 25, 2009>
This Act shall enter into force three months after the date of its promulgation.