ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT AND USE OF INFORMATION ON COMMODITY LISTS
Presidential Decree No. 14043, Dec. 31, 1993
Amended by Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 16722, Feb. 28, 2000
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 18580, Nov. 3, 2004
Presidential Decree No. 18987, Aug. 5, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20720, Feb. 29, 2008
Presidential Decree No. 27193, Oct. 21, 2009
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
The terms used in this Decree shall be defined as follows:
| 1. | “Classification of a commodity” means the system under which commodities are numbered with their inherent numbers after being classified into four categories, namely: large, medium, small and detailed in accordance with their function, usage and characteristics; |
| 2. | “Identification of a commodity” means the system under which commodities are numbered with their inherent numbers after being classified by producer and physical/chemical characteristics; |
| 4. | “Commodity item” means the name of a commodity corresponding to the identification number of a commodity prescribed in Article 6 of the Act. |
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 3 (Management of Affairs on Commodity Lists) |
By no later than March 31st of the following year, the Administrator of the Public Procurement Service shall submit, to the Minister of Strategy and Finance, the performance of cataloging for the relevant year which is conducted pursuant to Article 6 of the Act and report other important matters to the Minister. [This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Articles 4 and 5 Deleted. <Presidential Decree No. 16722, Feb. 28, 2000> |
| Article 6 (Application of Guidelines for Listing) |
| (1) | When the Administrator of the Public Procurement Service conducts the cataloging prescribed in Article 6 of the Act, he/she shall prepare a guideline for listing which includes each of the following matters (hereinafter referred to as “guideline for listing”) and conduct cataloging in accordance with the guideline for listing: |
| 1. | Matters concerning classification of commodities; |
| 2. | Matters concerning identification of commodities. |
| (2) | For cataloging of commodities, the Administrator of the Public Procurement Service may prepare and apply a collection of marks of producers and suppliers which helps identify producers or suppliers and other listing-related guidelines. |
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 7 (Naming of Commodities) |
Commodity names to be allocated pursuant to Article 6 of the Act, shall be in accordance with a guideline for listing; however, the Administrator of the Public Procurement Service may make a determination where a commodity name cannot be assigned in accordance with the aforementioned guideline for listing. [This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 8 (Organization of Lists) |
The distinctive data list prescribed in Article 7 of the Act shall consist of items of the relevant commodities and their identification numbers and other data determined by the Administrator of the Public Procurement Service; and the management data list shall consist of commodity units, unit prices, durable years, producers and other data determined by the Administrator of the Public Procurement Service. [This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 9 (Structure of Commodity List Numbers and the Methods of Assigning List Numbers) |
| (1) | The commodity list number prescribed in Article 8 (2) of the Act shall consist of the eight-digit-numbered commodity classification number having four hierarchical structures, each structure of which consists of two digit numbers and the eight-digit commodity identification number arranged in order. |
| (2) | The commodity list number prescribed in paragraph (1) shall be assigned in accordance with a guideline for listing, and the detailed methods of assignment shall be determined by the Administrator of the Public Procurement Service. |
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 10 (Procedures for Listing) |
Upon receipt of a request for listing from the head of a State agency or a local autonomous group (hereinafter referred to as “each institute”) pursuant to Article 9 of the Act, the Administrator of the Public Procurement Service shall take necessary measures for listing, such as preliminary searching, allocating commodity names, allocating commodity classification numbers, preparing distinctive data, allocating commodity identification numbers and notifying results of listing. [This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 11 (Computerized Management of Affairs of Listing) |
To facilitate listing and each institute’s efficient utilization of the information on commodity listing, the Administrator of the Public Procurement Service shall establish and operate a computerized system.
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 12 (Details and Scope, Etc. of the Data Provided for Consideration) |
Where any material is provided with consideration pursuant to Article 16 (3) of the Act, the details and scope of the material provided shall exclude, among the computerized operation system of a commodity listing system and the information on commodity listing, any materials likely to disadvantage the State if they are disclosed to the general public; and the methods of paying the aforementioned consideration shall be determined by the Administrator of the Public Procurement Service after holding consultations with users of the material provided. [This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Articles 13 through 15 Deleted. <by Presidential Decree No. 21793, Oct. 21, 2009> |
| Article 16 (Education and Training) |
| (1) | Pursuant to Article 20 of the Act, the Administrator of the Public Procurement Service shall annually prepare a plan for education on affairs of commodity lists and notify it to the head of each institute. |
| (2) | In accordance with the educational plan formulated under paragraph (1), the head of each institute shall have the persons within the institute under his/her jurisdiction, who are in charge of affairs of listing, receive an educational training. |
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 16-2 (Delegation or Entrustment of Listing) |
Pursuant to Article 21 of the Act, the Administrator of the Public Procurement Service may delegate each of the following affairs to the head of an institute or entrust them to the corporations or groups that can perform the affairs of listing designated or publicly announced by the Administrator of the Public Procurement Service: | 1. | Preliminary searching; |
| 2. | Allocating commodity names; |
| 3. | Allocating commodity classification numbers; |
| 4. | Preparing distinctive data. |
[This Article Newly Inserted by Presidential Decree No. 21793, Oct. 21, 2009]
| Article 17 (Commodity Items Partially Excluding Application of Laws) |
| 1. | Books, artistic works and other creative works and the extraordinary commodities, such as animals and plants; |
| 2. | Commodities requiring security for performing the affairs of national security guarantee; |
| 4. | Commodities deemed by the head of each institute, following consultation with the Administrator of the Public Procurement Service, to have no practical benefit in listing them. |
[This Article Wholly Amended by Presidential Decree No. 21793, Oct. 21, 2009]
ADDENDUM
This Decree shall enter into force on January 1, 1995.
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14450, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 16722, Feb. 28, 2000>
This Decree shall enter into force on March 1, 2000.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 18580, Nov. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 18987, Aug. 5, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 8 of Addenda, the amended portion of the Presidential Decrees promulgated before enforcement of this Decree and the enforcement dates of which have not yet arrived, shall enter into force on the date when the relevant Presidential Decree enters into force.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 21793, Oct. 21, 2009>
This Decree shall enter into force on the date of its promulgation.