| Article 2 (Relationship to other Acts and Subordinate Statutes) |
Unless otherwise expressly prescribed by other Acts and subordinate statutes, this Decree shall apply to the management of prison labor and special accounts for prison labor (hereinafter referred to as "special accounts") under the Act on the Management of and Special Accounts for Prison Labor (hereinafter referred to as the "Act").
| Article 3 (Reporting on Manufacturing and Supply Plans) |
The head of a correctional institution (hereinafter referred to as "prison warden") that manufactures products through prison labor (hereinafter referred to as "prison labor products") shall survey the demand of the State, a local government, or public institution (hereinafter referred to as "institutional user"), the status of manufacturing, etc. of the relevant region, formulate a manufacturing and supply plan for the following year, including matters prescribed by Ordinance of the Ministry of Justice, and report such plan to the Minister of Justice by October 30 each year.
| Article 4 (Surveys Necessary for Official Announcements) |
| (1) | The Minister of Justice may request institutional users to submit data necessary for making official announcements under Article 4 of the Act. |
| (2) | Any institutional user in receipt of a request made under paragraph (1) shall conscientiously prepare and submit necessary data within the designated period. |
| Article 5 (Official Announcements of Kinds and Quantities of Prison Labor Products) |
| (1) | The Minister of Justice shall determine and officially announce the kinds and quantities of prison labor products to be manufactured in the following year, by the deadline stipulated in Article 4 of the Act after reviewing the manufacturing and supply plans submitted under Article 3 and data submitted under Article 4, in consideration of the following: |
| 1. | To first include products requested by a correctional institution; |
| 2. | To be helpful to the people's livelihood; |
| 3. | To be helpful to the sound management of special accounts. |
| (2) | Where the Minister of Justice is unable to supply prison labor products, he/she shall officially announce the affected region or institutional users in advance. |
| Article 6 (Kinds of Prison Labor) |
| (1) | A prison warden shall determine the kinds of prison labor for each prison labor product based on methods of implementation of prison labor, with the approval of the Minister of Justice in consideration of the following. The foregoing shall also apply where he/she changes the kinds of prison labor: |
| 1. | To be suitable for the conditions of the operation of prison labor; |
| 2. | To be able to cultivate work moral of inmates; |
| 3. | To be able to helpful to stable rehabilitation and acquisition of skills by inmates. |
| (2) | The kinds of prison labor and procedures for approval thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 7 (Methods of Sale of Prison Labor Products) |
The Minister of Justice may sell prison labor products by installing and operating facilities necessary to display and sell prison labor products, or through electronic commerce, etc.
| Article 8 (Accounting Standards of Special Accounts) |
| (2) | Where the Minister of Justice deems it necessary to make the financial structure of special accounts sound and efficiently analyze the management performance thereof, he/she may establish special accounting standards to use them for analyzing the management of special accounts. |
| Article 9 (General Competitive Contracts) |
Where any public official in charge of contracts (hereinafter referred to as "person in charge of contracts") which accrue revenue or incur expenditure of special accounts, intends to enter into any of the following contracts, the estimated price of which exceeds double the estimated price under Article 26 (1) 5 (a) of the Enforcement Decree of the Act on Contracts to which the State is a Party, he/she shall award a contract through an open call for tender: <Amended by Presidential Decree No. 22282, Jul. 21, 2010> | 1. | Sale or purchase of property that is attributed or to be attributed to fixed assets; |
| 2. | Purchase of goods that is attributed to current assets; |
| 3. | Sale of goods treated as miscellaneous income; |
| 4. | Purchase of goods treated as loss. |
| Article 10 (Private Contracts) |
Notwithstanding Article 9, a person in charge of contracts may enter into a private contract in any of the following circumstances: | 1. | Where it is impossible to place a competitive tender among vendors or contractors because the nature or purpose of a contract requires specific conditions or specific person's skill or intelligence is required to win a contract and such conditions or requirements are not replaceable; |
| 2. | Where he/she enters into a contract with an institutional user; |
| 3. | Where a delay in the allocation of the budget or funds is deemed to have adverse impact on prison labor and business because he/she has insufficient time to enter into a contract through an open call for tender. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Repeal of other Acts and Subordinate Statutes)
Article 3 (Relationship to other Acts and Subordinate Statutes)
Where the former Enforcement Decree of the Act on the State Uses of Prison Labor Products, the former Enforcement Decree of the Act on the Special Accounts for Prison Labor, or any provision thereof is cited by other Acts and subordinate statutes as at the time this Act enters into force, if any provision corresponding thereto exists herein, this Decree or the relevant provision of this Decree shall be deemed cited in lieu of the former Enforcement Decree of the Act on the State Uses of Prison Labor Products, the former Enforcement Decree of the Act on the Special Accounts for Prison Labor, or the provision thereof.
ADDENDA <Presidential Decree No. 22282, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.