ENFORCEMENT DECREE OF THE DEFENSE ACQUISITION PROGRAM ACT
Presidential Decree No. 19321, Feb. 8, 2006
Amended by Presidential Decree No. 19507, Jun. 12, 2006
Presidential Decree No. 20120, Jun. 28, 2007
Presidential Decree No. 20675, Feb. 29, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21255, Jan. 7, 2009
Presidential Decree No. 21351, Mar. 18, 2009
Presidential Decree No. 21596, Jul. 1, 2009
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22328, Aug. 11, 2010
Presidential Decree No. 22413, Oct. 1, 2010
Presidential Decree No. 22467, Nov. 2, 2010
Presidential Decree No. 23036, Jul. 19, 2011
Presidential Decree No. 24413, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 25003, Dec. 17, 2013
Presidential Decree No. 25685, Nov. 4, 2014
Presidential Decree No. 26195, Apr. 14, 2015
Presidential Decree No. 26538, Sep. 22, 2015
Presidential Decree No. 26997, Feb. 29, 2016
Presidential Decree No. 27079, Mar. 31, 2016
Presidential Decree No. 27344, Jul. 19, 2016
Presidential Decree No. 27618, Nov. 29, 2016
Presidential Decree No. 28117, Jun. 20, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28339, Sep. 22, 2017
Presidential Decree No. 28799, Apr. 17, 2018
Presidential Decree No. 28904, May 28, 2018
Presidential Decree No. 29257, Oct. 26, 2018
Presidential Decree No. 29496, Jan. 22, 2019
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30090, Sep. 24, 2019
Presidential Decree No. 30225, Dec. 3, 2019
Presidential Decree No. 30554, Mar. 31, 2020
Presidential Decree No. 30814, Jul. 1, 2020
Presidential Decree No. 31297, Dec. 29, 2020
Presidential Decree No. 31424, Feb. 2, 2021
Presidential Decree No. 31557, Mar. 30, 2021
Presidential Decree No. 31674, May 18, 2021
Presidential Decree No. 32408, Feb. 11, 2022
Presidential Decree No. 32616, May 3, 2022
Presidential Decree No. 32868, Aug. 9, 2022
Presidential Decree No. 32934, Oct. 4, 2022
Presidential Decree No. 33642, Jul. 25, 2023
Presidential Decree No. 33666, Aug. 16, 2023
Presidential Decree No. 34459, Apr. 30, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Defense Acquisition Program Act and the matters necessary for the enforcement of the mandated matters.
Article 2 (Classification of Weapons Systems) |
1. | Weapons systems for command and control, and communications, such as communications networks; |
2. | Weapons systems for surveillance and reconnaissance, such as radar; |
3. | Mobile weapons systems, such as tanks and armored personnel carriers; |
4. | Ship weapons systems, such as battleships; |
5. | Air weapons systems, such as combat aircraft; |
6. | Firepower weapons systems, such as self-propelled artillery; |
7. | Defense weapons systems, such as guided anti-air weaponry; |
8. | Cyber weapons systems, such as the cyber battle management system; |
9. | Space weapons systems, such as satellites; |
10. | Other weapons systems, such as software for simulation analysis and simulation exercise and equipment essential for supporting combat forces. |
Article 2-2 (Types of Force Support Systems) |
Force support systems under subparagraph 4 of Article 3 of the Act shall be as follows: 1. | Combat support equipment (including repair parts), such as general vehicles, special vehicles, power supply, power units, surveillance support equipment, maintenance equipment, ammunition and guided missile equipment, general equipment for combat support, measuring apparatus, telecommunications electronic equipment and service support equipment; |
2. | Combat support materials, such as bulletproof materials, clothing, accouterments, foodstuffs, chemicals, oil, special textile materials, ammunition and guided missile supplies, electrical and electronic materials, service support materials, printing materials, etc.; |
3. | Medical support materials such as medical equipment and medical supplies; |
4. | Goods for education and training such as equipment, materials and ammunitions for education and training; |
5. | Defense information systems, such as the resource management information system, defense modeling and simulation systems, and basic operating environments. |
6. | Other force support systems, such as military facilities. |
[This Article Added on Jul. 1, 2020]
Article 2-3 (Scope of Defense Acquisition Program Contracts) |
(1) | Goods prescribed by Presidential Decree in subparagraph 15 (d) of Article 3 of the Act means the following goods: |
1. | Goods which require urgent procurement for recovery from damage or prevention because any of the following grounds has caused or are expected to cause any damage to the lives, bodies, and property of citizens: |
(a) | Wartime, disturbance, incident, infiltration by the enemy, infiltration of the Republic of Korea, or emergency situation equivalent thereto; |
(c) | Occurrence of a disaster, calamity, infectious disease, or other situations corresponding thereto; |
2. | Goods necessary for promptly performing emergency affairs related to overseas dispatch. |
(2) | Goods prescribed by Presidential Decree in subparagraph 15 (e) of Article 3 of the Act means goods requiring excellent performance and quality to protect the lives and safety of soldiers among force support systems. |
[This Article Added on Apr. 30, 2024]
Article 2-4 (Definition of Long-Term Contract) |
Contracts prescribed by Presidential Decree in subparagraph 16 of Article 3 of the Act means defense procurement contracts concluded in any of the following cases: 1. | Where it is necessary for several years to perform the contract; |
2. | Where it is deemed inefficient or difficult to conclude a contract to be terminated within the relevant fiscal year in consideration of a long-term procurement plan, long-term repetitive requirements, economic conditions, etc. |
[This Article Added on Apr. 30, 2024]
CHAPTER II TRANSPARENCY AND SPECIALIZATION IN EXECUTION OF DEFENSE AQUISITION PROGRAMS
Article 3 (Implementation of Real-Name Policy System) |
(1) | The major policies through which the real-name policy system shall be implemented pursuant to Article 5 (1) of the Act shall be subject to deliberation and coordination by the Defense Acquisition Program Promotion Committee (hereinafter referred to as the "Committee") pursuant to Article 9 (2) of the Act. |
(2) | Where the plans, reports, etc. on the major policies are formulated pursuant to the provisions of paragraph (1), the Minister of National Defense and the Minister of the Defense Acquisition Program Administration shall have the position, post, and names of the participants, and the details of opinions, plans, reports, etc. recorded and retained by relevant department. When they are corrected or modified in the course of a decision or execution, he or she shall have the grounds for such correction or modification, the relevant persons and the relevant details recorded. |
(3) | Where the Minister of National Defense and the Minister of the Defense Acquisition Program Administration hold public hearings, seminars, meetings of the relevant persons, etc. pursuant to paragraph (1), he or she shall require the department in charge to record the date and time when they wear held, names of participants, details of remarks, voting, etc. |
Article 4 (Submission and Details of Pledge of Integrity) |
(1) | Committees prescribed by Presidential Decree in Article 6 (1) 2 (c) of the Act means the Defense Acquisition Program Contract Deliberation Committee under Article 61-12 (1) (hereinafter referred to as the "Defense Acquisition Program Contract Deliberation Committee") and the Working Committee for Defense Acquisition Program Contracts under Article 61-12 (7) (hereinafter referred to as the "Working Committee for Defense Acquisition Program Contracts"). <Added on Apr. 30, 2024> |
(2) | Where the Minister of National Defense and the Minister of the Defense Acquisition Program Administration appoint or commission members of the Committee, etc. classified as follows, he or she shall require the members to submit a pledge of integrity: <Amended on Apr. 30, 2024> |
1. | Where submission is required by the Minister of National Defense: |
(b) | The Military force policy subcommittee under Article 15 (1) 1; |
(c) | The Deliberative Committee on Defense Acquisition Program Contracts and the Working Committee on Defense Acquisition Program Contracts established under the Ministry of National Defense; |
2. | Where submission is required by the Minister of the Defense Acquisition Program Administration: |
(a) | The defense acquisition program planning and management subcommittee under Article 15 (1) 2; |
(c) | The Deliberative Committee on Defense Acquisition Program Contracts and the Working Committee on Defense Acquisition Program Contracts established under the Defense Acquisition Program Administration. |
(3) | Where public officials designated by the Minister of National Defense belong to the department related to defense acquisition programs in the Ministry of National Defense by new appointment, promotion, advancement, transfer, or change of position, the Minister of National Defense shall require them to submit a pledge of integrity. <Added on Nov. 4, 2014; Apr. 30, 2024> |
(4) | Where public officials belonging to the Defense Acquisition Program Administration, or any persons become executive officers or employees of the Agency for Defense Development established under the Act on the Agency for Defense Development (hereinafter referred to as the "Agency for Defense Development") or the Defense Agency for Technology and Quality established under Article 32 of the Act (hereinafter referred to as the "Defense Agency for Technology and Quality"), by new appointment, promotion, advancement, transfer, or change of positions, the Minister of the Defense Acquisition Program Administration shall require them to submit a pledge of integrity. <Amended on Nov. 4, 2014; May 11, 2021; Apr. 30, 2024> |
(5) | Where defense contractors, general enterprises (hereinafter referred to as "defense contractors, etc."), general enterprises which have no relationship to the defense industry, or research institutes specified in Article 6 (1) 4 of the Act are registered as bidders to participate in defense acquisition programs, the Minister of the Defense Acquisition Program Administration shall require them to submit a pledge of integrity. <Amended on Nov. 4, 2014; Jul. 19, 2016; Apr. 30, 2024> |
(6) | Where a munitions sales agent specified in Article 6 (1) 5 of the Act enters into a contract on intermediation or agency with a foreign enterprise participating in a defense acquisition program, the Minister of the Defense Acquisition Program Administration shall require it to submit a pledge of integrity. <Added on Jul. 19, 2016; Apr. 30, 2024> |
(7) | "Amounts of money prescribed by Presidential Decree" in Article 6 (1) 6 of the Act means one billion won, respectively. <Added on Sep. 22, 2017; Apr. 30, 2024> |
(8) | Where a defense contractor, etc. which has concluded a defense procurement contract, general enterprise, specialized research institute, or general research institute which has not related to defense acquisition programs, intends to conclude a subcontract for a defense procurement contract with a contractor (referring to a supplier in cases of a sales contract; hereinafter referred to as "subcontractor") or where a subcontractor intends to conclude a sub-subcontract for a defense procurement contract, it shall notify the other party to the contract in advance of the fact that it is required to submit a pledge of integrity to the Minister of the Defense Acquisition Program Administration pursuant to Article 6 (1) of the Act. <Added on Sep. 22, 2017; Apr. 30, 2024> |
(9) | Matters prescribed by Presidential Decree in Article 6 (2) 4 of the Act means matters concerning requesting or receiving any of the following information from relevant public officials and prohibiting any act of arbitrarily providing or divulging information to a third party: <Amended on Apr. 30, 2024> |
1. | The following information on the implementation of defense acquisition programs: |
(a) | Verification of appropriateness of requirements for weapons systems, etc. under Article 13 (3) of the Act; |
(b) | Project feasibility studies under Article 14-2 of the Act; |
(c) | Decision on requirements for weapons systems, etc. under Article 15 of the Act; |
(e) | Prior studies under the main clause of Article 17 (1) of the Act; |
(f) | Analysis and evaluation of defense force improvement projects under Article 23 of the Act; |
(g) | Other information on promotion of defense acquisition programs equivalent to those referred to in items (a) through (f); |
2. | Information on major decision-making by committees, etc. under the following items: |
(b) | Subcommittees and working committees under Article 10 of the Act; |
(c) | Deliberative Committee on Defense Acquisition Program Contracts and Working Committee on Defense Acquisition Program Contracts; |
3. | Information on major outcomes learned in the course of contract performance or derived as a result of contract performance. |
(10) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration intends to allow a person falling under Article 6 (1) 4 or 5 of the Act to continuously perform the relevant tendering procedure or successful tender or contract pursuant to the proviso to Article 6 (4) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may undergo deliberation by the Defense Acquisition Program Contract Deliberation Committee, if deemed necessary in consideration of the following matters, etc.: <Added on Apr. 30, 2024> |
1. | Characteristics of subject matter of contract; |
2. | Seriousness of misconduct; |
3. | The degree of performance and the period of performance of the relevant contract; |
4. | The urgency of the performance of the contract; |
5. | The amount of loss incurred by the State due to the suspension of performance of a contract. |
Article 5 (Formation and Term of Office of Ombudsmen) |
(1) | The ombudsmen under Article 6 (5) of the Act shall be comprised of not more than three persons. <Amended on Oct. 1, 2010; Apr. 30, 2024> |
(3) | Deleted. <Oct. 1, 2010> |
(4) | The term of office of ombudsmen shall be two years, and they may be re-commissioned only once. |
(5) | An ombudsman commissioned pursuant to paragraph (2) shall not be dismissed against his or her will: Provided, That where an ombudsman falls under any of subparagraphs 2 through 4, the Minister of the Defense Acquisition Program Administration may dismiss him or her, and where he or she falls under subparagraph 1, 5, or 6, the Minister of the Defense Acquisition Program Administration shall dismiss him or her: <Amended on Oct. 1, 2010; Apr. 30, 2024> |
1. | Where he or she has given or received money or other articles or entertainment in connection with his or her duties; |
2. | Where he or she has been negligent in performing his or her duties due to irresponsibility, or intentionally evaded the execution of duties; |
3. | Where he or she has performed an act in violation of security in the course of performing his or her duties; |
4. | Where he or she has violated the proviso of Article 7 (5); |
5. | Where it is recognized as being difficult for him or her to execute his or her duties as usual due to physical or mental incapacity; |
6. | Where an ombudsman is commissioned as an ombudsman, after being commissioned as an ombudsman, the grounds prescribed in the proviso, with the exception of the subparagraphs, of Article 6 (6) of the Act are clarified or where the ombudsman concurrently holds a position prescribed in the subparagraphs of Article 6 (9) of the Act. |
[Title Amended on Oct. 1, 2010]
Article 6 (Representative Ombudsman) |
(1) | For the purposes of efficient operation of the ombudsman system, there may be a representative ombudsman. |
(2) | The representative ombudsman shall be elected from among the ombudsmen. |
(3) | The representative ombudsman shall represent other ombudsmen, and take overall control over the affairs of the ombudsmen. |
(4) | Where the representative ombudsman fails to perform his or her duties temporarily, the ombudsman whom the representative ombudsman has appointed in advance shall perform his or her duties as proxy. |
(5) | The representative ombudsman shall submit details of the semi-annual accomplishments of the ombudsmen to the Minister of the Defense Acquisition Program Administration within one month after the end of each half-year. |
Article 7 (Procedures for Handling Investigation of Civil Petitions) |
(1) | When an ombudsman makes a request for correction or inspection, etc. pursuant to the main clause of Article 6 (7) of the Act, with the exception of its subparagraphs, the representative ombudsman shall reach an agreement between all ombudsmen and the representative ombudsman. <Amended on Apr. 30, 2024> |
(2) | Where the results of an investigation on a civil petition does not require a request for correction or inspection, but where the improvement of institutions, policies, etc. is deemed necessary, ombudsmen may advise the Minister of the Defense Acquisition Program Administration to make a reasonable improvement therein or express their opinions to him or her. |
(3) | Where an ombudsman receives an original copy of the relevant documents in the course of an investigation pursuant to Article 6 (8) of the Act, he or she shall return it within 7 days from the date of receipt thereof. <Amended on Apr. 30, 2024> |
(4) | Where the Minister of the Defense Acquisition Program Administration receives a request for correction or inspection or such, from the representative ombudsman pursuant to paragraph (1), he or she shall notify the representative ombudsman of the result of such management within 30 days from the date he or she receives a request for correction or inspection, etc. |
(5) | The representative ombudsman may publicize the details of a request for correction or inspection, etc. referred to in paragraph (1) and the details of the result of management referred to in paragraph (4): Provided, That this shall not apply to information subject to non-disclosure pursuant to Article 9 of the Official Information Disclosure Act. |
(6) | For the efficient activities of ombudsmen, the Minister of the Defense Acquisition Program Administration may subsidize allowances, travel expenses and other necessary expenses and provide them with an office, etc. within the budget |
[This Article Wholly Amended on Oct. 1, 2010]
Article 8 Deleted. <Oct. 1, 2010> |
Article 9 Deleted. <Oct. 1, 2010> |
Article 10 Deleted. <Oct. 20, 2008> |
Article 11 (Scope of Key Positions and Standards for Qualification) |
(1) | The positions particularly deemed to require expertise referred to in Article 7 (1) of the Act (hereinafter referred to as "key position") shall be positions such as director general or director of the Defense Acquisition Program Administration and the agencies under its control, and the head of the integrated project administration team. |
1. | Persons who have worked for three or more years in a field relating to the positions to be appointed; |
2. | Persons who hold qualifications or a bachelor's or higher degree in a field relating to a defense acquisition program; |
3. | Persons who have been educated in a field relating to a defense acquisition program. |
(3) | Matters necessary regarding the extent of the fields relating to the positions to be appointed, qualifications, degrees, kinds of education, etc. under paragraph (2) shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
Article 12 (Research of Legal Issues regarding Defense Acquisition Programs) |
Matters that require prior legal review in entering into a contract or negotiation, etc. pursuant to Article 8 of the Act shall be as listed in the following subparagraphs: <Amended on Oct. 1, 2010; Mar. 30, 2021> 1. | Matters relating to the basic strategy for the promotion of projects for improving defense capability, the total cost of which is 10 billion won or more; |
2. | Matters relating to the preparation of requests for project proposals regarding defense acquisition programs and the evaluation thereof; |
3. | All kinds of contracts and agreements regarding defense acquisition programs; |
4. | Matters regarding major decision-making on projects for improving defense capability prescribed by the Minister of the Defense Acquisition Program Administration; |
6. | Matters regarding the revocation of designation of defense contractors (hereinafter referred to as "defense contractors"), defense materials (hereinafter referred to as "defense materials") or guarantee organizations under Article 48 of the Act; |
7. | Matters regarding the termination of commission of specialized research institutes under Article 63; |
8. | Other matters that the Minister of the Defense Acquisition Program Administration recognizes as necessary for the smooth implementation of defense acquisition programs. |
Article 12-2 (Operation of In-house Supervisory Organization) |
(1) | The Minister of the Defense Acquisition Program Administration may establish and operate an in-house supervisory organization, as prescribed by related statutes or regulations, such as the Decree on the Organization of the Defense Acquisition Program Administration and the agencies under its jurisdiction, for the inspection and investigation of all the defense acquisition programs, the collection of information related to defense acquisition programs, and the prevention of absurdities and irregularities, and legal reviews, etc. on matters under Article 12. |
(2) | The Minister of the Defense Acquisition Program Administration shall guarantee independence at the maximum in performing duties of an in-house supervisory organization under paragraph (1) in order to ensure transparency in defense acquisition programs. |
(3) | Matters necessary for the operation, etc. of an in-house supervisory organization under paragraph (1) shall be prescribed by Ministerial Decree of National Defense. |
[This Article Added on Mar. 31, 2016]
Article 13 (Composition of Commission) |
(1) | The members of the Committee referred to in Article 9 (4) 2 of the Act shall be as follows: <Amended on Dec. 7, 2010; Dec. 17, 2013; Nov. 4, 2014; Jul. 25, 2023> |
1. | The Director General of the Office of Military Force Policies of the Ministry of National Defense; |
2. | The Vice-Commissioner of the Defense Acquisition Program Administration and the director generals thereof; |
3. | The Director General of Strategy and Planning of the Headquarters of the Joint Chiefs of Staff; |
4. | The Deputy Chiefs of Staff of the Army, Navy, and Air Force (hereinafter referred to as "armed forces") and the Assistant Commandant of the Marine Corps. |
(2) | The term of office for the members commissioned pursuant to Article 9 (4) 5 and 6 of the Act shall be two years, renewable for only once. <Amended on Nov. 4, 2014> |
[This Article Wholly Amended on Oct. 1, 2010]
Article 14 (Operation of Commission) |
(1) | The Chairperson of the Committee (hereinafter referred to as "Chairperson") shall represent the Committee and exercise an overall control over its business. |
(2) | Where the Chairperson fails to perform his or her duties due to unavoidable reasons, the Vice Chairperson shall perform the duties as proxy. |
(3) | The Committee shall convene a meeting when at least one third of the members on the register makes a request, or when the Chairperson or Vice Chairperson deems it as necessary. |
(4) | Meetings of the Committee shall be held with a majority of the members on the register, and pass resolutions upon approval by a majority of those members present, and the vote shall be made by an open vote. |
(5) | Deleted. <Dec. 17, 2013> |
(6) | Where it is necessary for the deliberation upon and coordination of projects regarding the National Intelligence Service, the Committee may have a public official belonging to the National Intelligence Service attend a meeting and hear his or her opinions. <Amended on Oct. 1, 2010> |
(7) | Other matters necessary for the operation of the Committee shall be prescribed by the Chairperson after the resolution by the Committee. <Amended on Oct. 1, 2010> |
Article 14-2 (Exclusion, Challenge, and Abstention of Members) |
(1) | Where a member of the Committee falls under any of the following, he or she shall be excluded from deliberation or coordination of the relevant item on the agenda: |
1. | Where he or she or a corporation or organization to which he or she belongs has an interest in the relevant item on the agenda; |
2. | Where a person who is his or her spouse, his or her relative within the fourth degree of consanguinity or his or her relative by marriage within the second degree of consanguinity has an interest in the relevant item on the agenda; |
3. | Where he or she is deemed to have a direct interest in the resolution of the relevant item on the agenda. |
(2) | Where a person who has a direct interest in matters deliberated or coordinated by the Committee has a ground to hardly expect a member of the Committee to fairly perform his or her duties, such person may file an application for challenge of such member with the Committee, and where the Committee deems such application for challenge reasonable, it shall decide the challenge by adopting a resolution. In such cases, no member subject to application for challenge shall participate in the resolution. |
(3) | Where a member of the Committee has a ground referred to in the subparagraphs of paragraph (1), he or she shall inform the Committee of the fact that he or she has such ground, and avoid deliberating on the relevant item on the agenda. |
[This Article Added on Jun. 20, 2017]
Article 14-3 (Dismissal of Members) |
Where a commissioned member of the Committee falls under any of the following, the Minister of National Defense may dismiss the relevant member of the Committee:
1. | Where he or she becomes unable to perform the duties due to a mental or physical disability; |
2. | Where he or she engages in any misconduct in connection with the duties; |
3. | Where he or she is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason; |
4. | Where he or she fails to refrain himself or herself despite that he or she falls under a case set forth in any of the subparagraphs of Article 14-2 (1); |
5. | Where he or she voluntarily admits that it is difficult to perform the duties. |
[This Article Added on Jun. 20, 2017]
Article 15 (Subcommittees) |
(1) | Matters subject to deliberation and coordination by subcommittees by field and each subcommittee under Article 10 of the Act shall be as follows: Provided, That matters deliberated on by the Working Committee for Space Development of National Security under the proviso of Article 6 (7) of the Space Development Promotion Act shall be excluded herefrom: <Amended on Nov. 4, 2014; Sep. 24, 2019; Apr. 30, 2024> |
1. | Military force policy subcommittee: Matters prescribed in Article 9 (2) 2, 10, and 14 of the Act; |
2. | Defense acquisition program planning and management subcommittee: Matters prescribed in Article 9 (2) 1, 3 through 9, and 11 through 14 of the Act; |
3. | Deleted; <Sep. 24, 2019> |
4. | Deleted. <Sep. 24, 2019> |
(2) | Each subcommittee shall be comprised of not less than 5 nor more than 26 members including one chairperson, in consideration of gender. <Amended on Jun. 20, 2017; Sep. 24, 2019> |
(3) | The chairperson of each subcommittee shall be appointed by the Chairperson on the recommendation of the Vice Chairperson, from among the members of the Committee, and the members of each subcommittee shall be appointed or commissioned by the Chairperson on the recommendation of the Vice Chairperson, from among the following persons: <Amended on Dec. 17, 2013; Apr. 14, 2015; Jun. 20, 2017> |
1. | Persons recommended respectively by the members of the Committee under the jurisdiction of the Ministry of National Defense, the Headquarters of the Joint Chiefs of Staff, the headquarters of armed forces, and the Headquarters of the Marine Corps, from among public officials at the level of director general or military officers of the rank of general in the relevant agencies; |
2. | Public officials at the level of director general or military officers of the rank of general belonging to the Defense Acquisition Program Administration; |
3. | Persons recommended by the members of the Committee falling under Article 9 (4) 3 and 4 of the Act, from among public officials at the level of director general or executive officers or employees of the agencies to which such members belong; |
4. | Persons commissioned pursuant to Article 9 (4) 5 and 6 of the Act. |
(4) | The term of office for members of each subcommittee commissioned pursuant to paragraph (3) 1 through 3 shall coincide with the term of service in their positions, and the term of office for members of each subcommittee appointed pursuant to subparagraph 4 of that paragraph shall coincide with the term of service as a member of the Committee. |
(5) | Articles 14 (1) through (4) and (7), 14-2 and 14-3 shall apply mutatis mutandis to the operation of subcommittees. In such cases, the "Committee" shall be construed as "each subcommittee", the "Chairperson" as the "chairperson of each subcommittee", the "Vice Chairperson" as a "member designated in advance by the chairperson of each subcommittee." <Amended on Jun. 20, 2017> |
Article 15-2 (Working Committees) |
(1) | Working committees necessary in each field shall be established under the control of subcommittees (excluding the military power policy subcommittee) prescribed in Article 15 (1) pursuant to Article 10 (3) of the Act. |
(2) | Each working committee shall deliberate on and coordinate matters requiring prior review before deliberation or coordination by the relevant subcommittee and other matters necessary for supporting affairs of the subcommittee. |
(3) | Each working committee shall be comprised of not less than 5 nor more than 20 members, including one chairperson, in consideration of gender. |
(4) | A person appointed by the Minister of the Defense Acquisition Program Administration, from among public officials at the level of director or military officers of the rank of general of the Defense Acquisition Program Administration, shall serve as the chairperson of each working committee, and the following persons shall serve as members of each working committee: |
1. | Persons appointed by the head of an agency to which they belong from among public officials or military officers of the rank of section chief belonging to the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, the Headquarters of each Armed Force and Marine Corps; |
2. | Persons appointed by the head of the relevant agency from among public officials of the rank of section chief or higher in agencies to which members of the Committee prescribed in Article 9 (4) 3 of the Act belong; |
3. | Persons recommended by members of the Committee prescribed in Article 9 (4) 4 of the Act from among executive officers and employees under their jurisdiction; |
4. | Persons commissioned by the Minister of the Defense Acquisition Program Administration, who are experts who have expert knowledge of and experience in defense acquisition programs. |
(5) | Each working committee shall convene a meeting, when the chairperson of each working committee deems it necessary. |
(6) | Articles 14 (1), (2) and (4), 14-2, and 14-3 shall apply mutatis mutandis to the operation of each working committee. In such cases, "Committee" shall be construed as "each working committee;" "Chairperson" as "chairperson of each working committee;" "Minister of National Defense" as "Administrator of the Defense Acquisition Program Administration;" and "Vice Chairperson" as "a member designated in advance by the chairperson of each working committee," respectively. |
(7) | Except as provided in paragraphs (1) through (6), the Minister of the Defense Acquisition Program Administration shall prescribe matters necessary for the organization, operation, etc. of each working committee. |
[This Article Added on Jun. 20, 2017]
Article 16 (Technical Experts) |
(1) | The number of expert members referred to in Article 10 (4) of the Act shall be not less than two nor more than five, and shall be commissioned by the Chairperson on the recommendation of the Vice Chairperson. <Amended on Jun. 20, 2017> |
(2) | The term of office of expert members referred to in paragraph (1) shall be one year, and they may be reappointed: Provided, That where an expert member is entrusted for consultation on a specific matter, he or she shall be deemed discharged from such commission on the completion of such consultation. |
Article 17 (Requests for Submission of Data) |
(1) | Where necessary for deliberation and coordination, the Committee, a subcommittee or working committee may request the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, armed forces, the Agency for Defense Development, the Defense Agency for Technology and Quality, defense contractors, etc. to submit data or present its opinions. <Amended on Nov. 4, 2014; Jun. 20, 2017> |
(2) | Each agency or organization, in receipt of a request to submit data or present opinions pursuant to paragraph (1), shall cooperate therewith, in the absence of good cause. |
Article 18 (Allowances and Travel Expenses) |
The members present at the Committee, a subcommittee and working committee, expert members, and persons who have attended and submitted opinions to the Committee, a subcommittee and working committee pursuant to the provisions of Article 17 may be paid allowances and travel expenses within the budget: Provided, That where the relevant public official has attended the Committee in connection with his or her duties, this shall not apply. <Amended on Jun. 20, 2017>
CHAPTER III DEFENSE FORCE IMPROVEMENT PROJECTS
Section 1 Principles for Execution of Defense Force Improvement Projects
Article 19 (Request for Manpower Support) |
Where manpower support from the relevant organizations, such as armed forces, agencies under the direct control of the Ministry of National Defense (including military units under the direct control of the Ministry of National Defense; hereinafter the same shall apply), the Agency for Defense Development, and the Defense Agency for Technology and Quality, is necessary for the efficient operation of the comprehensive project administration system pursuant to Article 12 of the Act in executing defense force improvement projects, the Minister of the Defense Acquisition Program Administration may request the relevant agencies and organizations to provide manpower support, following deliberation by the Committee. In such cases, where manpower support from armed forces and the agencies under the direct control of the Ministry of National Defense is necessary, he or she shall request the Minister of National Defense to provide manpower support.
Section 2 Medium-Term National Defense Plan and Budget
Article 20 (Formulation of Medium-Term National Defense Plans) |
(1) | In order to formulate a medium-term national defense plan pursuant to Article 13 (1) of the Act, the Minister of National Defense shall prepare guidelines for the formulation of medium-term national defense plans (hereinafter referred to as "guidelines for medium-term national defense plans"). |
(2) | Where the Minister of National Defense intends to prepare the guidelines for medium-term national defense plans pursuant to paragraph (1), with regard to defense force improvement projects, he or she may receive a prior written opinion from the Minister of the Defense Acquisition Program Administration, and reflect it in such guidelines. |
(3) | Where the Minister of National Defense formulates the guidelines for medium-term national defense plans or the Minister of the Defense Acquisition Program Administration prepares a written opinion pursuant to paragraph (2), he or she shall consider the following: <Amended on Jan. 22, 2019; Mar. 30, 2021> |
1. | Matters provided for in Article 22 (4) 1 through 5; |
2. | The order of priorities in the requirements for weapons systems for the purposes of achieving goals regarding combined military strategy; |
(4) | Where the Minister of the Defense Acquisition Program Administration intends to formulate a written request for a medium-term plan for defense force improvement projects pursuant to Article 13 (2) of the Act, the requirements for support elements of force integration and pilot projects pursuant to Article 17-2 (1) of the Act shall be submitted to such Minister by the headquarters of armed forces, the Headquarters of the Marine Corps, and agencies under the direct control of the Ministry of National Defense. <Amended on Dec. 17, 2013; Nov. 4, 2014; Aug. 16, 2023; Apr. 30, 2024> |
Article 20-2 (Requirement Reviews) |
(1) | A review of the adequacy of requirements for weapons systems, etc. pursuant to Article 13 (3) of the Act (hereinafter referred to as "requirement review") shall be performed with respect to the requirements deemed necessary by the Minister of National Defense for a medium-term national defense plan, from among requirements for weapons systems, etc. determined under Article 15 (1) of the Act. |
(2) | Requirement reviews shall be deliberated by the Requirement Review Committee under Article 20-3. |
(3) | Except as provided in paragraph (1) and (2), matters necessary for the methods, procedures, etc. of requirement reviews shall be prescribed by the Minister of National Defense. |
[This Article Added on Nov. 4, 2014]
Article 20-3 (Requirement Review Committee) |
(1) | The Minister of National Defense may establish and operate a review committee (hereinafter referred to as the "Review Committee") as necessary to deliberate on requirement reviews. <Amended on Oct. 4, 2022> |
(2) | The Review Committee shall be comprised of not exceeding 21 members, including one chairperson. |
(3) | The Vice Minister of National Defense shall serve as the chairperson of the Review Committee, the The Director General of the Office of Military Force Policies of the Ministry of National Defense shall serve as the vice chairperson, and members of the Committee shall be persons under subparagraphs 1 through 4, and may include persons under subparagraphs 5 or 6 as necessary: <Amended on Jul. 26, 2017; Oct. 4, 2022; Jul. 25, 2023> |
1. | The Director General of Strategy and Planning of the Headquarters of the Joint Chiefs of Staff, the Deputy Chiefs of Staff of armed forces, and the Assistant Commandant of the Marine Corps; |
2. | Vice Minister of the Defense Acquisition Program Administration; |
3. | Persons appointed by the Minister of Economy and Finance, the Minister of Science and ICT, and the Minister of Trade, Industry and Energy, from among public officials at the level of an executive director or director-general of such Ministries; |
4. | The Deputy Chief of the Korea Institute for Defense Analysis, the Deputy Director of the Agency for Defense Development, and the Director General of Technology and Planning of the Defense Agency for Technology and Quality; |
6. | Persons from among those with considerable knowledge and experience in the requirements of weapons systems, etc., defense acquisition programs, economy or industries. |
(4) | The Minister of National Defense may dissolve the Review Committee, if he or she recognizes that the purpose of organization of the Review Committee has been accomplished. <Added on Oct. 4, 2022> |
(5) | The Minister of National Defense may organize and operate a working committee for requirement review to efficiently conduct the affairs of the Review Committee. <Amended on Oct. 4, 2022> |
(6) | Matters necessary for the operation of the Review Committee, such as meetings of the Review Committee and the organization and operation of a working committee for requirement review, shall be prescribed by the Minister of National Defense. <Amended on Oct. 4, 2022> |
[This Article Added on Nov. 4, 2014]
Article 21 (Budget Formulation) |
(1) | Where the Minister of National Defense prepares guidelines for budget formulation referred to in Article 14 (1) of the Act with regard to defense force improvement projects, he or she shall receive, in advance, written opinions from the Minister of the Defense Acquisition Program Administration and reflect them in such guidelines. |
(2) | Where the Minister of the Defense Acquisition Program Administration formulates a budget for defense force improvement projects, he or she shall receive data required for budgeting support elements of force integration and pilot projects pursuant to Article 17-2 (1) of the Act from the headquarters of armed forces, the Headquarters of the Marine Corps, and agencies under the direct control of the Ministry of National Defense. <Amended on Dec. 17, 2013; Aug. 16, 2023; Apr. 30, 2024> |
Article 21-2 (Project Feasibility Studies) |
"New large projects prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 14-2 (1) of the Act means any new project with a total project cost of at least 50 billion won. [This Article Newly inserted on May 3, 2022]
Section 3 Decision on Requirements and Revision Thereof
Article 22 (Decision-Making Processes regarding Requirements) |
(1) | Where the Chairman of the Joint Chiefs of Staff intends to determine the requirements for weapons systems, etc. pursuant to Article 15 (1) of the Act, he or she shall first obtain written proposals of requirements, including the following, from the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, the headquarters of each branch of the armed forces, the Headquarters of the Marine Corps, and agencies under the direct control of the Ministry of National Defense (hereinafter referred to as "agencies proposing requirements"): <Amended on Nov. 4, 2014; Jan. 22, 2019; Feb. 11, 2022; Apr. 30, 2024> |
1. | Necessity, operational concept, time of force integration, and required quantities of weapons systems, etc.; |
2. | Required operational capability (referring to the performance of weapons systems, etc. necessary for operational employment; hereinafter the same shall apply); |
3. | A plan to develop required operational capability in step with technical development trends (excluding cases where it is inappropriate or impracticable to devise such plan when taking into account the characteristics of weapons systems, project sizes, and other factors); |
4. | Requirements for support elements of force integration; |
5. | Other reference materials necessary to determine requirements, etc. for weapons systems. |
(2) | Where it is necessary for each agency proposing requirements to propose objective and reasonable requirements before it submits a written proposal of requirements pursuant to paragraph (1), it may require a specialized research institute or a general research institute prescribed by the Minister of National Defense to perform research on the necessity, operational concept, and required operational capability of weapons systems, etc. <Added on Jan. 22, 2019> |
(3) | The Chairman of the Joint Chiefs of Staff shall review written proposals of requirements submitted by agencies proposing requirements pursuant to paragraph (1) and formulate a force requirement plan, including matters under the subparagraphs of that paragraph. <Amended on Jan. 22, 2019> |
(4) | Each agency proposing requirements or the Chairman of the Joint Chiefs of Staff shall consider the following matters when preparing written proposals of requirements referred to in paragraph (1) or formulating force requirement plans referred to in paragraph (3): <Amended on Nov. 4, 2014; Jan. 22, 2019> |
1. | The basic direction-setting for policies on national defense; |
2. | Information acquired by analyzing the domestic and international situation of national defense; |
3. | The basic direction-setting for implementing a plan formulated by the Joint Chiefs of Staff for the construction of military capabilities based on current conditions of national security, military strategies, etc.; |
4. | The level of science and technology developed and secured for national defense; |
5. | The appropriate working efficiency and production capacity of defense contractors, etc.; |
6. | Matters regarding the maintenance and repair of weapons systems; |
7. | Compatibility and interoperability. |
(5) | The Agency for Defense Development, the Defense Agency for Technology and Quality, defense contractors, etc., or research institutes specified in Article 6 (1) 4 of the Act may present their opinions on requirements to the heads of agencies proposing requirements and the Chairman of the Joint Chiefs of Staff. <Amended on May 28, 2018; Jan. 22, 2019> |
(6) | Where necessary for formulating force requirement plans referred to in paragraph (3) of this Article in a scientific and quantitative manner prescribed in the latter part of Article 15 (1) of the Act, the Chairman of the Joint Chiefs of Staff shall hear opinions on requirements of the following agencies, etc. or operate a joint concept team comprised of public officials or employees of the agencies prescribed in subparagraphs 1 and 2 and experts prescribed in subparagraph 4. In such cases, matters necessary for the organization and operation of the joint concept team shall be determined by the Chairman of the Joint Chiefs of Staff: <Amended on May 28, 2018; Jan. 22, 2019> |
1. | The Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, and the armed forces; |
2. | The Korea Institute for Defense Analysis, the Agency for Defense Development, and the Defense Agency for Technology and Quality; |
3. | Party interested in defense contractors, etc.; |
4. | Civilian specialists in defense industry field. |
(7) | The Chairman of the Joint Chiefs of Staff shall hear the opinions of the Minister of the Defense Acquisition Program Administration on the force requirement plans referred to in paragraph (3) of this Article before deliberation by the meeting of the Joint Chiefs of Staff prescribed in the latter part of Article 15 (1) of the Act. <Added on May 28, 2018; Jan. 22, 2019> |
(8) | Except as provided in paragraphs (1) through (7), matters necessary for the decision-making processes regarding requirements shall be prescribed by Ministerial Decree of National Defense. <Amended on May 28, 2018; Jan. 22, 2019> |
[This Article Wholly Amended on Dec. 17, 2013]
Article 22-2 (Procedures for Decision on Expeditious Requirements) |
(1) | The Chairman of the Joint Chiefs of Staff shall, when he or she intends to determine expeditious requirement (hereinafter referred to as "expeditious requirement") for weapons systems to which the mature technology of the private sector is applied pursuant to Article 15-2 (1) of the Act, receive a written proposal for expeditious requirement from the agencies proposing requirements, including the following matters: <Amended on Apr. 30, 2024> |
1. | Necessity, operational concept, time of force integration, and required quantities of weapons systems; |
2. | Required operational capability; |
3. | Requirements for support elements of force integration; |
4. | Other reference materials to determine expeditious requirements, etc. |
(2) | The Chairman of the Joint Chiefs of Staff shall review the written proposal for expeditious requirement pursuant to paragraph (1) and shall prepare a force requirement plan, including matters under the subparagraphs of the aforesaid paragraph. |
(3) | Each agency proposing requirements or the Chairman of the Joint Chiefs of Staff shall, when he/she prepares a written proposal for expeditious requirement referred to in paragraph (1) or a force requirement plan referred to in paragraph (2), take into account the matters in each subparagraph of Article 22 (4). |
(4) | The Agency for Defense Development, the Defense Agency for Technology and Quality, defense contractors, etc., or research institutes specified in Article 6 (1) 4 (d) and (e) of the Act may present their opinions on expeditious requirements to the heads of agencies proposing requirements and the Chairman of the Joint Chiefs of Staff. |
(5) | The Chairman of the Joint Chiefs of Staff shall, as necessary to scientifically and quantitatively prepare a force requirement plan under paragraph (2), hear opinion from the following agencies and others on expedited requirements or operate an integrated concept team consisting of public officials and employees from agencies under paragraphs (1) and (2) and civilian specialists under paragraph (4); in such cases, necessary matters for the composition and operation of the integrated concept team shall be decided by the Chairman of the Joint Chiefs of Staff: |
1. | The Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, and the armed forces; |
2. | The Korea Institute for Defense Analysis, the Agency for Defense Development, and the Defense Agency for Technology and Quality; |
3. | Party interested in defense contractors, etc.; |
4. | Civilian specialists in defense industry field. |
(6) | Notwithstanding paragraph (5), the Chairman of the Joint Chiefs of Staff may, when he or she performs the prior conceptual studies under Article 15-3 (1) of the Act (hereinafter referred to as "prior conceptual studies"), simplify the organization and operation of the integrated concept team, such as comprising the integrated concept team only of public officials and employees belonging to the institutions under paragraph (5) 1 and 2, as prescribed by the Minister of National Defense. |
(7) | The Chairman of the Joint Chiefs of Staff shall, under the latter part of Article 15-2 (1) of the Act, consider the opinions of the Administrator of the Defense Acquisition Program Administration before the deliberation of the Joint Chiefs of Staff on the written proposal for expeditious requirement referred to in paragraph (2) of this Article. |
(8) | Except as otherwise provided in paragraphs (1) through (7), detailed procedures for determining expedited requirements shall be determined by the Minister of National Defense. |
[This Article Added on Aug. 16, 2023]
Article 22-3 (Procedures for Conducting Prior Conceptual Studies) |
(1) | Where the Chairman of the Joint Chiefs of Staff intends to require the staff of the Agency for Defense Development, etc. to carry out the prior conceptual studies under Article 15-3 (1) of the Act, he or she shall receive a request for the prior conceptual studies from the agency proposing requirements. |
(2) | The Chairman of the Joint Chiefs of Staff shall, in receipt of a written request for prior conceptual studies pursuant to paragraph (1), select projects subject to the prior conceptual studies, in consideration of the necessity of research, urgency, the ability of an institution that performs the prior conceptual studies, such as the Agency for Defense Development (hereinafter referred to as "institutions performing prior conceptual studies"), and determine the order of performing prior conceptual studies. In such cases, the Chairman of the Joint Chiefs of Staff shall hear the opinions of the heads of agencies proposing requirements, the Commissioner of the Defense Acquisition Program Administration, and institutions performing prior conceptual studies. |
(3) | When institutions performing prior conceptual studies perform prior conceptual studies, they shall include the following in the scope of the studies: <Amended on Apr. 30, 2024> |
1. | Necessity and operational concept of weapons systems, etc.; |
2. | Required operational capability; |
3. | Requirements for support elements of force integration; |
4. | Analysis of alternatives; |
5. | Possibility of expeditious armed forces (limited to cases where prior conceptual studies are conducted to determine expeditious requirements); |
6. | Examining whether it is possible to combine the developmental test and evaluation and operational test pursuant to the proviso of Article 21 (3) of the Act (limited to cases where prior conceptual studies are conducted to determine expeditious requirements); |
7. | Other matters deemed necessary by the Minister of National Defense in order to efficiently conduct prior conceptual studies. |
(4) | Except as provided in paragraphs (1) through (3), matters necessary for procedures for conducting prior conceptual studies shall be determined by the Minister of National Defense. |
[This Article Added on Aug. 16, 2023]
Article 23 (Revision to Minor Matters of Requirements) |
(1) | "Minor matter prescribed by Presidential Decree" in the proviso of Article 16 (2) of the Act means the following: <Amended on Feb. 11, 2022; Apr. 30, 2024> |
1. | Change of the annual quantity, or timing of fielding, of weapons systems, etc. on the grounds for changes in financial resources in the formulation of a medium-term national defense plan or formulation and execution of a budget pursuant to Articles 13 (1) and 14 of the Act; |
1-2. | The revision of the following matters due to budgetary reasons in the course of formulating a basic strategy for implementing defense force improvement projects under Article 24 (1) (limited to cases where the Chairman of the Joint Chiefs of Staff deems that the necessity and operational concept of weapons systems, etc. are not changed): |
(a) | Required quantities of weapons systems, etc. (including annual quantities); |
(b) | Time of force integration of weapons systems, etc.; |
(c) | Required operational capabilities of weapons systems, etc.; |
2. | Change of technical and incidental performance regarding weapons systems, etc.; |
3. | Revision of plan for securing support elements for force integration. |
(2) | Where any matter specified in the subparagraphs of paragraph (1) is revised by the Committee or subcommittee in the process of deliberating on or coordinating medium-term plans, budgets of defense force improvement projects, or basic strategies for implementing defense force improvement projects, etc. (limited to cases deliberated on or coordinated by the Committee in cases of revision to the matters provided in paragraph (1) 1-2), requirements thereof shall be deemed revised. <Amended on Feb. 11, 2022> |
Section 4 Execution of Defense Force Improvement Projects
Article 24 (Methods of Implementing Defense Force Improvement Projects) |
(1) | Where prior research referred to in Article 17 (1) of the Act has been completed or expeditious requirements are determined, the Minister of the Defense Acquisition Program Administration shall formulate a basic strategy for implementing defense force improvement projects and submit it for deliberation by the Committee. <Amended on Aug. 16, 2023> |
(2) | The basic strategy for project implementation under paragraph (1) shall include the following: <Amended on Jan. 22, 2019; Aug. 16, 2023> |
1. | Details of review on research and development, or decisions on purchasing; |
2. | Matters regarding the types of research and development, methods of purchasing, etc.; |
3. | Detailed direction-setting for project implementation, following research and development, or purchasing; |
4. | Methods for test and evaluation (including whether the developmental test and evaluation and operational test are conducted in combination under the proviso of Article 21 (3) of the Act and the replacement of the test evaluation under paragraph (5) of the same Article); |
5. | Schedules for project implementation; |
6. | Administration schemes covering the whole life cycle of weapons systems; |
7. | In cases of developing required operational capability, step-by-step goals and strategies for the development thereof; |
8. | Interoperability among the weapons systems of armed forces under the condition of joint battlefield. |
(3) | The types of research and development referred to in paragraph (2) 2 shall be classified as follows: |
1. | Domestic research and development (including cases of receiving international technological cooperation) or joint international research and development; |
2. | Research and development funded by the Government, research and development funded by defense contractors, etc., or joint research and development funded by the Government, defense contractors, etc.; |
3. | Research and development supervised by the Agency for Defense Development or by defense contractors, etc. through competitive bidding. |
(4) | Methods of purchasing referred to in paragraph (2) 2 shall be classified into domestic purchase, offshore purchase, and lease. <Added on Oct. 1, 2010> |
Article 24-2 (Procedures for Pilot Projects) |
(1) | Procedures for implementing a pilot project under Article 17-2 (1) of the Act (hereinafter referred to as "pilot project") shall be in the following order: |
2. | Selection of eligible projects; |
3. | Selection of project implementers; |
4. | Development of prototypes; |
6. | Tests for evaluating the results of pilot projects pursuant to Article 17-2 (2) of the Act (hereinafter referred to as "performance test"). |
(2) | To conduct the performance test, the Chief of Staff of each service of the Armed Forces and the Commander of the Marine Corps shall formulate a performance test plan including the following: |
1. | Equipment and quantity for a performance test; |
2. | Test items of a performance test and criteria for evaluation; |
3. | Organization of a performance test team; |
4. | Budgets needed for a performance test. |
(3) | The Chief of Staff of each Service and the Commander of the Marine Corps shall notify the result of the performance test to the Minister of National Defense, the Administrator of the Defense Acquisition Program Administration and the Chairman of the Joint Chiefs of Staff. |
(4) | A performance test team referred to in Article 17-2 (2) of the Act shall have one team leader, who shall be appointed as a field-grade officer, and may have a performance team, a support team, etc. |
(5) | The Agency under the direct control of the Ministry of National Defense may request the Administrator of the Defense Acquisition Program Administration, the Chiefs of Staff of each Service, or the Commander of the Marine Corps to implement a pilot project, if there is a requirement for a pilot project. |
(6) | Except as provided in paragraphs (1) through (5), detailed procedures for a pilot project and the composition, operation, etc. of a performance test team shall be prescribed by the Minister of National Defense. |
[This Article Added on Aug. 16, 2023]
[Previous Article 24-2 moved to Article 24-3 <Aug. 16, 2023>]
Article 24-3 (Methods of Purchase) |
(1) | Where the Minister of the Defense Acquisition Program Administration purchases munitions produced in the Republic of Korea pursuant to the main clause of Article 19 (1) of the Act, he or she may purchase a weapons system under development or developed in the Republic of Korea with partial remodeling. |
(2) | Where the Minister of the Defense Acquisition Program Administration purchases munitions produced overseas pursuant to the proviso of Article 19 (1) of the Act, he or she may purchase a weapons system under operation or under development in foreign countries with partial remodeling. <Amended on May 28, 2018> |
(3) | The Minister of the Defense Acquisition Program Administration may lease munitions where lease is deemed more economical than domestic purchase or offshore purchase or where it is necessary to satisfy the timing of fielding, etc. |
[This Article Added on Oct. 1, 2010]
[Moved from Article 24-2; previous Article 24-3 moved to Article 24-4 <Aug. 16, 2023>]
Article 24-4 (International Negotiation Support Officer and Site Supervisors of Overseas Projects) |
(1) | If necessary for purchasing the munitions manufactured overseas under the proviso of Article 19 (1) of the Act, the Minister of the Defense Acquisition Program Administration may have public officials under his or her jurisdiction perform duties such as negotiation, support for conclusion of contracts and management of execution thereof overseas. <Added on May 28, 2018> |
(2) | If necessary for performing any of the following duties, the Minister of the Defense Acquisition Program Administration may dispatch competent public officials overseas to supervise the implementation of the relevant contracts pursuant to Article 13 of the Act on Contracts to Which the State Is a Party: <Amended on May 28, 2018> |
1. | Joint international research and development projects (including domestic research and development projects with international technical cooperation) referred to in Article 24 (3) 1; |
2. | Purchase from a foreign country referred to in Article 24 (4). |
(3) | The Minister of the Defense Acquisition Program Administration may subsidize expenses, within budgetary limits, for the competent public officials who perform the duties prescribed in paragraphs (1) and (2). <Amended on May 28, 2018> |
[This Article Added on Nov. 4, 2014]
[Title Amended on May 28, 2018]
[Moved from Article 24-3 <Aug. 16, 2023>]
Article 25 (Qualifications for Participants in Negotiation) |
(1) | Civilian specialists permitted to participate in purchase procedures for munitions pursuant to Article 19 (2) of the Act shall be as follows: <Amended on Aug. 9, 2022> |
1. | A public official who has at least five years’ work experience in the division of international contracts or international negotiations; |
2. | A person who has obtained the qualification of a lawyer, patent attorney, or certified public accountant and has at least three years of experience in the field of international contracts or international negotiations (including experience prior to obtaining the qualification); |
3. | A person who has at least a master's degree in a field relating to an international contract or international negotiation, such as international trade and international commerce, and has at least five years’ work experience in international contracts or international negotiations (including experience prior to obtaining the qualification); |
4. | A person who has at least 10 years’ work experience in the field of science and technology. |
(2) | The Minister of the Defense Acquisition Program Administration shall select up to 15 civilian specialists prescribed in paragraph (1) upon recommendation by the Committee, and then have them participate in purchasing munitions. |
Article 25-2 (Procedures for Purchasing Munitions Manufactured in Korea) |
(1) | Munitions manufactured in the Republic of Korea referred to in the main clause of Article 19 (1) of the Act shall be purchased in the following order: |
1. | Formulation of a purchase plan; |
3. | Selection of qualified contractors through testing, evaluation, eligibility examination, etc.; |
4. | Conclusion of a purchase contract. |
(2) | Detailed procedures for selecting qualified contractors under paragraph (1) 3 shall be determined by the Minister of the Defense Acquisition Program Administration, taking into consideration the nature of each purchase contract. |
[This Article Added on Dec. 17, 2013]
[Previous Article 25-2 moved to Article 25-3 <Dec. 17, 2013>]
Article 25-3 (Procedures for Purchasing Munitions Manufactured in Foreign Countries) |
(1) | Munitions manufactured overseas referred to in the proviso of Article 19 (1) of the Act shall be purchased in the following order: <Amended on Dec. 17, 2013> |
1. | Formulation of a purchase plan; |
3. | Receipt and evaluation of proposals; |
4. | Selection of weapons systems or equipment subject to testing and evaluation (referring to testing and evaluation specified in Article 21 of the Act; hereafter the same shall apply in this Article); |
5. | Testing, evaluation, and negotiations; |
6. | Determination on the model of the weapons systems or equipment subject to purchase; |
7. | Conclusion of a purchase contract. |
(2) | Weapons systems or equipment subject to testing and evaluation referred to in paragraph (1) 4 shall be selected, based on the results of evaluation of proposals referred to in paragraph (1) 3, but no priority shall be given according to the results of evaluation. |
(3) | Negotiations referred to in paragraph (1) 5 mean negotiations on the purchase price, the performance of weapons systems or equipment, offset trade, and other terms and conditions of contracts, and may proceed simultaneously with testing and evaluation. <Amended on Dec. 17, 2013> |
(4) | The model of the weapons systems or equipment subject to purchase referred to in paragraph (1) 6 shall be determined after comprehensively reviewing the results of testing, evaluation, and negotiations. |
(5) | Evaluation methods for determination on models referred to in paragraph (4) and other matters necessary for procedures for purchase shall be determined by the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Oct. 1, 2010]
[Title Amended on Dec. 17, 2013]
[Moved from Article 25-2 <Dec. 17, 2013>]
Article 26 (Standards for Offset Trade) |
(1) | The amount of each unit project of munitions for which offset trade shall be promoted pursuant to Article 20 (1) of the Act shall be at least 10 million US dollars: Provided, That offset trade may be omitted in any of the following cases: <Amended on Dec. 17, 2013; Mar. 30, 2021> |
1. | Where parts for repair are purchased; |
2. | Where raw materials, such as petroleum, are purchased; |
2-2. | Where munitions are purchased under a contract concluded with a foreign government; |
3. | Where a purchase is made after deliberation by the Committee, in consideration of national security, economic efficiency, etc. |
(2) | "Matters prescribed by Presidential Decree, such as export linkages for commodities other than munitions" in Article 20 (3) 6 of the Act means the following: <Added on Jul. 1, 2009; Mar. 23, 2013; Dec. 17, 2013; Jul. 26, 2017; Mar. 29, 2024> |
1. | Export linkages for commodities, other than munitions, selected by the Minister of the Defense Acquisition Program Administration upon recommendation of the Minister of Trade, Industry and Energy, the Minister of SMEs and Startups, or the Minister of the Korea Aerospace Administration; |
2. | Inducement of foreign investments (limited to foreign investments defined in Article 2 (1) 4 of the Foreign Investment Promotion Act) determined by the Minister of the Defense Acquisition Program Administration, in consultation with the Minister of Trade, Industry and Energy for the improvement of the competitiveness of the defense industry. |
(3) | Matters necessary for the promotion of offset trade, such as procedures for promotion of offset trade, shall be prescribed by the Minister of the Defense Acquisition Program Administration. <Amended on Jul. 1, 2009> |
Article 27 (Formulation of Test and Evaluation Plan) |
(1) | Where the Minister of National Defense intends to formulate a test and evaluation plan for the research and development among tests and evaluations of weapons systems and core technologies pursuant to Article 21 (1) and (3) of the Act, he or she shall formulate a test and evaluation master plan including the following matters: Provided, That where he or she deems it unnecessary to formulate a test and evaluation master plan, as prescribed by him or her, he or she need not formulate the test and evaluation master plan: <Amended on Jul. 19, 2016> |
1. | Outline of weapons systems subject to test and evaluation; |
2. | Outline of developmental test and evaluation (hereafter in this Article, referred to as "developmental test and evaluation") specified in Article 21 (3) 1 of the Act; |
3. | Outline of operational test and evaluation (hereafter in this Article, referred to as "operational test and evaluation") specified in Article 21 (3) 2 of the Act; |
4. | Resources necessary for test and evaluation; |
5. | Other matters necessary for test and evaluation. |
(2) | The Minister of National Defense shall formulate a developmental test and evaluation plan and an operational test and evaluation plan based on a test and evaluation master plan under paragraph (1): Provided, That where he or she deems it unnecessary to undergo both the developmental test and evaluation plan and the operational test and evaluation plan, he or she may choose not to formulate part of the plans. <Amended on Jul. 19, 2016> |
(3) | Where the Minister of National Defense intends to formulate a test and evaluation plan for the purchase of weapons systems among tests and evaluations of weapons systems pursuant to Article 21 (1) and (4) of the Act, he or she shall formulate a test and evaluation plan in accordance with the classification under the subparagraphs of paragraph (4) of that Article: Provided, That test and evaluation plan shall not be established if it is deemed unnecessary to establish a test evaluation plan as determined by the Minister of National Defense. <Added on Jul. 19, 2016; Aug. 16, 2023> |
(4) | A test and evaluation plan referred to in paragraphs (2) and (3) shall contain the following matters: <Amended on Jul. 19, 2016> |
1. | Items of equipment to be tested and evaluated, and quantities thereof; |
2. | The timing, place, and method of a test and evaluation; |
3. | Items of a test and evaluation, and the standards for evaluation; |
4. | Testers and evaluators; |
5. | Budgets needed for a test and evaluation. |
(5) | Where the Minister of National Defense formulates a test and evaluation plan pursuant to paragraph (2), he or she shall consider the following matters, and where he or she formulates a test and evaluation plan pursuant to paragraph (3), he or she shall consider a written request for proposal: <Amended on Oct. 1, 2010; Dec. 17, 2013; Nov. 4, 2014; Jul. 19, 2016> |
1. | A plan for research and development; |
2. | A proposal for a project for research and development by an enterprise; |
3. | An execution plan for a test and evaluation for development prepared by a research and development institute; |
4. | An execution plan for a test and evaluation for operations prepared by an agency proposing requirements. |
(6) | For the purposes of the efficient formulation of plans for a test and evaluation, confirmation of the progress of a test and evaluation, judgment of results, etc., the Minister of National Defense may operate a combined test and evaluation team consisting of staff members of the Ministry of National Defense, the Joint Chiefs of Staff, the Defense Acquisition Program Administration, armed forces, the Defense Agency for Technology and Quality, and each agency referred to in Article 21 (2) of the Act, and matters regarding the composition and operation thereof shall be prescribed by the Minister of National Defense. <Amended on Nov. 4, 2014; Jul. 19, 2016> |
(7) | Where armed forces or relevant agencies test or evaluate weapons systems and core technology pursuant to Article 21 (2) of the Act, the Minister of National Defense shall secure and provide the budget necessary for smoothly conducting a test and evaluation. <Amended on Nov. 4, 2014; Jul. 19, 2016> |
(8) | The Minister of National Defense may conduct a test and evaluation based on data pursuant to the latter part, with the exception of the subparagraphs, of Article 21 (4) of the Act in the following cases: <Added on Jul. 19, 2016; Aug. 16, 2023> |
1. | Where he or she purchases a weapons system which has no pilot product because it is being developed; |
2. | Where he or she repurchases or purchases a partly remodeled weapons system currently in operation in the Republic of Korea; |
3. | Where he or she purchases a weapons system currently in operation in order to integrate it into the complex weapons system, such as naval vessels and aircraft. |
(9) | Matters necessary for conducting a test and evaluation, such as procedures for test and evaluation, shall be prescribed by Ministerial Decree of National Defense. <Amended on Jul. 19, 2016> |
[Title Amended on Jul. 19, 2016]
Article 27-2 (Formulation of Plans for Combined Implementation of Developmental Test and Evaluation and Operational Test and Evaluation) |
Matters necessary for the formulation of a plan for combined implementation of the developmental test and evaluation and operational test and evaluation under the proviso of Article 21 (3) of the Act and for the combined implementation shall be separately determined by the Minister of National Defense, notwithstanding the provisions of Article 27. [This Article Added on Aug. 16, 2023]
Article 28 (Securing of Support Elements of Force Integration) |
(1) | The Minister of the Defense Acquisition Program Administration and the military and agencies under the direct control of the Ministry of National Defense (hereinafter referred to as "required forces") related to requirements shall secure support elements for force integration according to the following classifications: <Amended on Apr. 30, 2024> |
1. | The Minister of the Defense Acquisition Program Administration: Subparagraph 13 (a); |
2. | Requirement Group: Subparagraph 13 (a) (ii). |
(2) | Where necessary for securing support elements of force integration pursuant to paragraph (1), the Minister of the Defense Acquisition Program Administration may request the requirement-raising armed forces to provide assistance. In such cases, the requirement-raising armed forces shall cooperate therewith, in the absence of good cause. |
(3) | Where the requirement-raising armed forces intend to secure support elements of force integration, such as formulation of military units or education and training, etc. following the deployment of weapons systems, the Minister of the Defense Acquisition Program Administration may assist with the necessary budget, and where the requirement-raising armed forces agree, the Minister may have a defense contractor, etc. execute all or part of the follow-up assistance with materials for a certain period under contract. |
(4) | The Minister of the Defense Acquisition Program Administration may present guidelines of the result, such as the target rate of operation for the main weapons systems, after consultation with the requirement-raising armed forces so that a defense contractor, etc. execute all or part of the follow-up assistance with materials, and may pay the price according to the result thereof. <Added on Jul. 1, 2009> |
CHAPTER IV PROCUREMENT AND QUALITY ASSURANCE
Article 29 (Methods of Procurement) |
(1) | Where the Minister of the Defense Acquisition Program Administration procures munitions in a lump pursuant to the main clause of Article 25 (2) of the Act, he or she may procure munitions by methods of domestic procurement, offshore procurement, or lease. In such cases, detailed procedures for procurement shall be determined by the Minister of the Defense Acquisition Program Administration. |
(2) | Munitions that armed forces may directly procure pursuant to the proviso of Article 25 (2) of the Act (hereinafter referred to as "procurement by military unit") shall be as follows: <Amended on Apr. 30, 2024> |
1. | Pilot products developed directly by the military unit that manages munitions; |
2. | Consumable materials necessary for the maintenance of munitions performed by a military maintenance unit (including the military maintenance depot; hereinafter the same shall apply), and for the manufacture of necessary parts therefor; |
3. | Items the planned amount of annual procurement of which by item is less than 30 million won, and unitary items with a track record of procurement by the military unit among items the planned amount of annual procurement of which by item is between 30 million won and 50 million won; |
4. | Items for which there are no national defense standards pursuant to Article 31 (1) and no sample is available for presentation; |
5. | Goods under subparagraph 15 (d) of Article 3 of the Act; |
6. | Items which require the maintenance of security, such as encryption equipment used by armed forces, and items which require special manufacture and installation because the requirements of users are diverse; |
7. | Where equipment and parts procured by a military unit are serviced by entrusting an enterprise with such service, items necessary therefor; |
8. | Other items agreed with the requirement-raising armed forces because the Minister of the Defense Acquisition Program Administration deems the procurement by military unit is efficient. |
(3) | Where the Minister of the Defense Acquisition Program Administration purchases munitions by requesting the Administrator of the Public Procurement Service pursuant to the proviso of Article 25 (2) of the Act, he or she shall decide the matters concerning munitions subject to purchase, and methods of and procedures for purchase in consultation with the Administrator of the Public Procurement Service. In such cases, the Minister of the Defense Acquisition Program Administration shall hear an opinion of the requirement-raising armed forces. |
(4) | When purchasing munitions by requesting to the Administrator of the Public Procurement Service under the proviso of Article 25 (2) of the Act, the Minister of the Defense Acquisition Program Administration shall entrust the procurement of the following munitions to the Administrator of the Public Procurement Service. <Added on Jul. 1, 2020> |
1. | Commercial items from among combat support equipment provided for in subparagraph 1 of Article 2-2; |
2. | Combat support materials referred to in subparagraph 2 of Article 2-2; |
3. | Medical support materials referred to in subparagraph 3 of Article 2-2. |
(5) | Notwithstanding paragraph (4), any of the following munitions that are necessary for operations, training and security may be excluded from those entrusted, in consultation with the Minister of the Defense Acquisition Program Administration: <Added on Jul. 1, 2020> |
1. | Munitions procured in parallel with equipment on the grounds of a close relationship to the weapons system or for an efficient maintenance and management of equipment; |
2. | Munitions that require special attention for security, such as disguised networks, encryption equipment and military maps; |
3. | Munitions purchased from foreign countries by utilizing the foreign government’ overseas military sales system or the like; |
4. | Other munitions for which direct procurement by the Minister of the Defense Acquisition Program Administration is deemed efficient in terms of operations, training and security. |
(6) | The Minister of the Defense Acquisition Program Administration shall perform the standardization of munitions under Article 26 of the Act procured by entrustment to the Administrator of the Public Procurement Service pursuant to paragraph (4) and the management of information on the inventory of munitions under Article 27 of the Act. <Added on Jul. 1, 2020; Feb. 11, 2022> |
[This Article Wholly Amended on Oct. 1, 2010]
Article 30 (Designation and Cancellation of Standard Items) |
(1) | Where the Minister of the Defense Acquisition Program Administration formulates a plan for the standardization of munitions regarding force support systems pursuant to Article 26 (1) of the Act, he or she shall seek opinions of the Minister of National Defense and reflect them in the plan. <Amended on Nov. 4, 2014> |
(2) | Where the Minister of the Defense Acquisition Program Administration intends to designate standard munition items, he or she shall consider the following matters. In such cases, the standard items for force support systems acquired by purchase shall be designated in consideration of the opinions of armed forces, and the standard items for force support systems acquired by research and development shall be designated upon request by the Ministry of National Defense or armed forces: <Amended on Nov. 4, 2014> |
1. | Appropriateness of the purchase requirements by armed forces, and necessity of designation of standard articles; |
2. | Economic efficiency of the relevant munitions; |
3. | Fulfillment of requirements for support elements of force integration; |
4. | Degree of utilization in civilian and military fields; |
5. | Interoperability with the munitions in use. |
(3) | In any of the following cases, the Minister of the Defense Acquisition Program Administration shall cancel the designation of standard munition items: |
1. | Where munitions are replaced by new standard items; |
2. | Where it is unnecessary to maintain a standard item as it fails to satisfy the military utility and is economically inappropriate; |
3. | Where it is necessary to replace the munitions with the items, etc. manufactured and distributed among civilians. |
(4) | Procedures necessary for the designation and cancellation of standard articles pursuant to paragraphs (2) and (3) shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
Article 31 (Enactment and Amendment of National Defense Standards) |
(1) | Where the Minister of the Defense Acquisition Program Administration intends to enact the standards of munitions pursuant to Article 26 (3) of the Act (hereinafter referred to as "national defense standard"), he or she shall target the designated standard items, upon request for enactment by the following organizations: <Amended on Nov. 4, 2014> |
1. | The Agency for Defense Development, in cases of research and development items under the supervision of the Agency for Defense Development; |
2. | The relevant enterprise, in cases of research and development items under the supervision of the enterprise, or items, etc. procured en bloc by the Defense Acquisition Program Administration pursuant to Article 25 of the Act; |
3. | The Ministry of National Defense or armed forces, in cases of items of force support systems procured by the Ministry of National Defense or armed forces. |
(2) | For items whose national defense standard is not enacted, but procured by each military unit, the Minister of the Defense Acquisition Program Administration may have each armed force enact the standards thereof. |
(3) | Where the effectiveness of the national defense standard has decreased due to changes in and development of the domestic industrial technology that manufactures munitions, or changes in the national defense standard that each armed force requests, the Minister of the Defense Acquisition Program Administration may amend or abrogate the national defense standard. |
(4) | Procedures necessary for the enactment, amendment, and abrogation of national defense standards pursuant to paragraphs (1) and (3) shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
Article 32 (Configuration Management) |
(1) | The Minister of the Defense Acquisition Program Administration shall, pursuant to the following subparagraphs, administer munitions in accordance with their physical or functional characteristics (hereinafter referred to as the "configuration") in accordance with Article 26 (3) of the Act so that the munitions shall fulfill the purpose of their utilities: |
1. | The discernment of configuration so that the munition may satisfy the required level of performance of each armed force and show the utmost efficiency, etc. in operation; |
2. | The documentation of configuration, such as the work, etc. of design drafting for the purposes of concrete embodiment of discerned configuration; |
3. | The confirmation, coordination, and control of discerned details to be modified on the basis of the documented configuration; |
4. | Confirmation as to whether the munition coincides with the discerned configuration and the administration of data. |
(2) | The configuration management of munitions shall be executed from the time when the method of project promotion regarding the method of acquisition of weapons systems, etc. pursuant to the provisions of Article 17 of the Act is decided until the munitions become obsolete pursuant to the provisions of Article 13 (3) of the Act on the Management of Military Supplies. |
(3) | The detailed procedures necessary for configuration management shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
Article 33 (Munitions Inventory Information) |
(1) | Where the Minister of the Defense Acquisition Program Administration intends to allocate a stock number to munitions pursuant to the provisions of Article 27 (1) of the Act, he or she shall do so by classifying them in accordance with the drawing, price, packing unit, period of storage, and information, etc. on the manufacturer. |
(2) | Where the Minister of the Defense Acquisition Program Administration formulates a plan for the administration and utilization of munitions inventory information pursuant to the provisions of Article 27 (2) of the Act, he or she shall hear and reflect the opinion of the Minister of the National Defense. |
(3) | Where the relevant organization, such as armed forces, agencies under the direct control of the Ministry of National Defense, the Agency for Defense Development, and the Defense Agency for Technology and Quality, needs to correct or supplement munitions inventory information, it shall submit the relevant details to the Minister of the Defense Acquisition Program Administration. The Minister of the Defense Acquisition Program Administration shall decide whether to correct or supplement the information and notify the result to the relevant organization. |
(4) | Where defense materials are exported, the Minister of the Defense Acquisition Program Administration may conclude an agreement on the exchange of the munitions inventory information that can be supplied to the export partner country. |
CHAPTER V ADVANCEMENT OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
Article 34 Deleted. <Mar. 30, 2021> |
Article 35 Deleted. <Mar. 30, 2021> |
Article 36 Deleted. <Mar. 30, 2021> |
Article 36-2 Deleted. <Mar. 30, 2021> |
Article 36-3 Deleted. <Mar. 30, 2021> |
Article 37 (Operation and Supervision of Defense Agency for Technology and Quality) |
(1) | "Matters prescribed by Presidential Decree" in Article 32 (6) 10 of the Act means the following: <Amended on Jul. 19, 2016; May 28, 2018; Mar. 31, 2020; Mar. 30, 2021; Aug. 16, 2023> |
1. | Deleted; <Mar. 30, 2021> |
2. | Support for technical assistance and international cooperation related to offset trade, permission for export, etc.; |
(2) | Contributions by the Government to the Defense Agency for Technology and Quality pursuant to Article 32 (7) of the Act shall be made annually by the Minister of the Defense Acquisition Program Administration adding the funds to the budget. |
(3) | The President of the Defense Agency for Technology and Quality shall formulate an annual business plan and budget plan and submit them to the Minister of the Defense Acquisition Program Administration by no later than 10 months prior to the commencement of the relevant business year, and obtain approval. The same shall apply where an approved business plan and the budget are modified. |
(4) | The President of the Defense Agency for Technology and Quality shall report the quarterly results of the execution of business plans to the Minister of the Defense Acquisition Program Administration within one month from the end of each quarter. |
(5) | The President of the Defense Agency for Technology and Quality shall have the settlements of each business year audited by a certified public accountant designated by the Minister of the Defense Acquisition Program Administration, and submit the results thereof to the Minister of the Defense Acquisition Program Administration by the end of March of the following year. |
(6) | In cases falling under paragraph (5), details of settlement relating to national secrets and matters directly related thereto shall be excluded from the subject matter of audits by the certified public accountant. |
Article 37-2 (Transfer and Lease of State-Owned Property) |
(2) | Where the Defense Agency for Technology and Quality intends to borrow or acquire munitions by transfer without compensation pursuant to paragraph (1), it shall request a management agency to lend or transfer munitions without compensation, specifically specifying the following: |
1. | Reasons for borrowing or acquisition by transfer; |
2. | Classification of lease or transfer; |
3. | Detailed statement of munitions; |
4. | Timing, period, and other conditions of lease or transfer. |
[This Article Added on Feb. 29, 2016]
CHAPTER VI FOSTERING OF DEFENSE INDUSTRY
Article 38 Deleted. <Feb. 2, 2021> |
Article 39 (Designation of Defense Materials) |
(1) | Materials that may be designated as defense materials, from among those that are not classified as weapons systems, pursuant to the proviso of Article 34 (1) of the Act shall be as follows: |
1. | The materials involved in the process of research and development for military purposes, which are expected to be selected as weapons systems after the completion of research and development; |
2. | Other materials that satisfy the standards prescribed by Ministerial Decree of National Defense. |
(2) | Materials falling under the subparagraphs of Article 35 (2) of the Act shall be the major defense materials pursuant to Article 34 (2) of the Act, and other defense materials shall be general defense materials. |
(3) | Anyone who manufactures or intends to manufacture munitions may request the Minister of the Defense Acquisition Program Administration to designate such munitions as defense materials, as prescribed by Ministerial Decree of National Defense. In such cases, the Minister of the Defense Acquisition Program Administration shall determine, within three months, as to whether it is appropriate to designate those munitions as defense materials and notify the applicant thereof. |
(4) | Where the Minister of the Defense Acquisition Program Administration has designated defense materials pursuant to paragraph (3) of this Article or Article 34 (1) of the Act, he or she shall notify the Minister of Trade, Industry and Energy thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 40 (Scope of Designation of Defense Materials) |
(1) | The Minister of the Defense Acquisition Program Administration shall designate defense materials by unit of a finished product or a main component (referring to a component comprised in one object connected by at least two combined bodies): Provided, That for the following items that require smooth procurement in order to enhance the efficiency of the operation of defense materials and weapons systems, defense materials may be designated by unit of a combined body (referring to a component assembled by at least two parts connected each other) or parts (referring to a single part as a minimal unit that cannot be further disassembled): <Amended on Oct. 1, 2010; Dec. 17, 2013; May 11, 2021; Feb. 11, 2022> |
1. | Munitions involving any of the following technologies: |
2. | Components developed through the projects for domestic development of components under Article 9 (2) of the Defense Industry Development and Support Act (hereinafter referred to as "projects for domestic development of components) which meet the standards set by the Minister of the Defense Acquisition Program Administration. |
(2) | Parts used for defense materials and the following equipment required for the operation of defense materials shall be deemed designated by being included in such defense materials: Provided, That the foregoing shall not apply where the relevant parts and equipment are not manufactured or serviced by the relevant defense contractor, or are used for commodities which are not defense materials: <Amended on Jul. 1, 2009; Oct. 1, 2010; Nov. 29, 2016> |
1. | Test and measuring equipment; |
3. | Rectification equipment. |
(3) | When the Minister of the Defense Acquisition Program Administration intends to designate commodities introduced from a foreign country as defense materials, he or she shall do so only where the relevant commodities are maintained in the Republic of Korea. <Added on Nov. 29, 2016> |
(4) | The Minister of the Defense Acquisition Program Administration may choose not to designate commodities as defense materials, for which it is deemed that at least two enterprises are able to manufacture them, in consideration of domestic technological standards. <Amended on Nov. 29, 2016> |
[Title Amended on Oct. 1, 2010]
Article 41 (Designation of Defense Contractors) |
(1) | Anyone who intends to be designated as a defense contractor pursuant to Article 35 (1) of the Act shall apply to the Minister of Trade, Industry and Energy along with the following documents: Provided, That where a defense contractor who has been already designated intends to be designated to engage in the manufacture of another defense materials, he or she may apply only with the documents falling under subparagraphs 1 and 4 through 7: <Amended on Jun. 12, 2006; Feb. 29, 2008; Mar. 23, 2013; Jul. 2, 2019> |
2. | The articles of incorporation (limited to corporations); |
3. | A statement of financial position and income statement; |
4. | Details and a description of the capacity of manufacturing facilities and the main facilities incidental thereto; |
5. | Results of use of raw materials and plans for procurement; |
6. | Kinds and specifications of products, and the results and plans for the manufacture and sale thereof; |
8. | Plans for upskilling engineers and technicians and a description of technical capability; |
9. | Plans for safety measures and explanation thereof. |
(2) | Where the Minister of Trade, Industry and Energy has received an application referred to in paragraph (1), he or she shall inspect the applicant’s manufacturing facilities, etc. in accordance with the standards for facilities prescribed in Article 42, and request the Minister of the Defense Acquisition Program Administration to inspect security requirements referred to in Article 44 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Where the Minister of Trade, Industry and Energy has received an application for designation of defense contractors under paragraph (2), he or she shall decide whether to designate the applicant as a defense contractor within six months and notify the applicant and the Minister of the Defense Acquisition Program Administration of such decision and deliver the certificate of designation to the applicant if he or she decides to designate. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(4) | The Minister of Trade, Industry and Energy in receipt of an application for the designation under paragraph (1) shall verify a corporation registration certificate (limited to corporations) through administrative data matching referred to in Article 36 (1) of the Electronic Government Act. <Amended on Jun. 12, 2006; May 4, 2010; Nov 2, 2010; Mar. 23, 2013> |
Article 42 (Facility Standards) |
(1) | The standards for facilities of defense contractors pursuant to the provisions of Article 35 (1) of the Act shall be based on standards prescribed by the Minister of Trade, Industry and Energy regarding the following personnel and material facilities: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
1. | The general facilities and special facilities necessary for production of defense materials; |
2. | The facilities to inspect the quality of defense materials; |
3. | The technical manpower necessary for the manufacture of defense materials; |
4. | Other facilities recognized as necessary by the Minister of Trade, Industry and Energy. |
(2) | Where the Minister of Trade, Industry and Energy prescribes the standards for facilities pursuant to the provisions of paragraph (1), he or she shall consult with the Minister of the Defense Acquisition Program Administration. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 43 (Modification of Standards for Facilities) |
(1) | Where idle or surplus manufacturing facilities come into existence and are recognized as placing an undue burden on management, the defense contractor may apply for the modification of standards for facilities referred to in Article 42 (1) to the Minister of Trade, Industry and Energy along with the relevant documentary evidence. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(2) | Where the Minister of Trade, Industry and Energy intends to modify standards for facilities in response to the request referred to in paragraph (1), he or she shall consult with the Minister of the Defense Acquisition Program Administration. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 44 (Requirements for Security and Inspection) |
(1) | The requirements for security referred to in Article 35 (1) of the Act shall be as listed in the following subparagraphs: |
1. | Measures for security regarding areas and facilities where defense facilities are fully protected; |
2. | Measures for security regarding personnel employed by defense contractors; |
3. | Measures for security regarding the treatment, keeping, and management of secret documents; |
4. | Measures for protection of defense materials and raw materials; |
5. | Measures for protection of equipment and facilities; |
6. | Measures for security regarding communications facilities and method of communications; |
7. | Measures for procedures for processing all kinds of data and data arising from data processing; |
8. | Means of organic communications with relevant intellectual agencies in preparation for security accidents; |
9. | Other measures for security recognized by the Minister of the Defense Acquisition Program Administration as necessary for the maintenance of security. |
(2) | The Minister of the Defense Acquisition Program Administration shall request to the Minister of National Defense to investigate and verify the requirements for security listed in the following subparagraphs relating to the designation, etc. of defense contractors, and the Minister of National Defense shall notify the Minister of the Defense Acquisition Program Administration of the result of investigation and verification: |
1. | Inspection of requirements for security following the designation of defense contractors pursuant to the provisions of Article 41 (2) and the commissioning of specialized research institutes pursuant to the provisions of Article 46 (1); |
2. | Verification of conditions necessary for the revocation of a designation as defense contractors pursuant to the provisions of Article 48 (1) 2 of the Act and the termination of commission of specialized research institutes pursuant to the provisions of Article 63 (1) 1. |
Article 45 (Sale and Acquisition of Defense Contractors) |
(1) | The standards for changes in substance in the governance of management of defense contractor pursuant to the provisions of Article 35 (3) of the Act shall be based on the instances falling under any of the following subparagraphs: <Amended on Dec. 7, 2010> |
1. | When the stocks, etc. (including equities or all other property rights; hereinafter the same shall apply) of a defense contractor are intended to be disposed of or taken over en bloc by means of sale and acquisition, exchange or merger between enterprises, execution of security rights, receipt of payment in kind, or by other means; |
2. | When a new corporation is established by spinning off the manufacturing sector of a defense contractor, or such manufacturing sector is intended to be disposed of or acquired en bloc by means of sale and acquisition, exchange or merger between enterprises, execution of security rights, receipt of payment in kind, or by other means; |
3. | When the same person intends to possess 50/100 or more of the stocks, etc. of a defense contractor independently or jointly with a person (hereinafter referred to as a "person related to the same person") falling under any of the following items (including when the same person possesses not more than 50/100 but becomes a major stockholder, and is able to exercise controlling influence over the selection of executives or management of the defense contractor directly or through a person related to the same person): |
(a) | Spouse, blood relatives as far as third cousins, and relatives as far as cousins of in-laws; |
(b) | A firm which the same person exercises a dominant influence over the principal decision-making, such as change in organization of the relevant firm or investment in new business, or the management of business for himself or herself or through a person referred to in item (a) or (c); |
(c) | A company where the same person appoints or dismisses the representative director of the relevant company, or appoints or designates 50/100 or more of the directors by contract or agreement with other major stockholders; |
4. | When a defense contractor is intended to be managed by means of acquisition by transfer, hire or entrustment of management of all or part of the business. |
(2) | Anyone who intends to obtain approval from the Minister of Trade, Industry and Energy in acquiring the controlling rights over a defense contractor pursuant to the provisions of Article 35 (3) of the Act shall submit an application for approval prescribed by Ministerial Decree of National Defense along with the documents falling under Article 41 (1) 2 and 3 and the documentary evidence regarding acquisition of stocks, etc. of a defense contractor to the Minister of Trade, Industry and Energy: Provided, That where a person intends to manage a defense contractor with modifying the manufacturing facilities or requirements for security after the acquisition of the defense contractor, he or she shall also submit the documents falling under Article 41 (1) 4 through 9. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
(3) | Where the Minister of Trade, Industry and Energy has granted approval pursuant to the provisions of paragraph (2), he or she shall notify the applicant and the Minister of the Defense Acquisition Program Administration of the fact. When the name, representative, address, etc. of the defense contractor are modified following such approval, he or she shall renew the certificate of designation of defense contractors. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
Article 46 (Commissioning of Specialized Research Institutes) |
(1) | The Minister of the Defense Acquisition Program Administration shall commission a specialized research institute, from among the organizations satisfying the requirements for security prescribed in Article 44 (1), in consideration of the research facilities and level of technology: Provided, That in cases of commissioning of specialized research institutes to implement projects for research and development other than those involving military secrets, the requirements for security pursuant to the provisions of Article 44 (1) may not apply. |
(2) | Where the Minister of the Defense Acquisition Program Administration intends to commission a specialized research institute pursuant to the provisions of paragraph (1), he or she may cause the relevant organization to submit the documents in the following subparagraphs. In such cases, the provisions of Article 41 (4) shall apply mutatis mutandis to the commission procedure of specialized research institutes: <Amended on Jun. 12, 2006> |
1. | The articles of incorporation (limited to corporations); |
2. | Details of research facilities and main annexed facilities, and a description of capacity; |
3. | A business plan and business outcomes; |
4. | A description of technical capacity. |
(3) | Where the Minister of the Defense Acquisition Program Administration intends to commission a research institute operated by the Government or a local government, or a government-funded research institute as a specialized research institute, he or she shall consult with the supervising organization in advance. |
(4) | Where the Minister of the Defense Acquisition Program Administration has commissioned a specialized research institute, he or she shall deliver a certificate of commission of specialized research institute to the specialized research institute. In such cases, he or she shall notify the supervising organization in charge of the fact where he or she has commissioned pursuant to the provisions of paragraph (3). |
Article 47 Deleted. <Feb. 2, 2021> |
Article 48 Deleted. <Feb. 2, 2021> |
Article 49 Deleted. <Feb. 2, 2021> |
Article 50 (Protection and Fostering of Defense Contractors) |
(1) | The Government shall preferentially purchase defense materials manufactured by defense contractors. |
(2) | The Minister of the Defense Acquisition Program Administration shall notify the relevant defense contractors annually of the quantity of defense materials planned for manufacturing. |
(3) | Where the defense contractor intends to manufacture the annual quantity before the procurement contract of the pertinent year is concluded from among the planned manufacturing quantity notified pursuant to the provisions of paragraph (2), he or she shall obtain approval therefor from the Minister of the Defense Acquisition Program Administration. |
(4) | Where the Minister of the Defense Acquisition Program Administration intends to conclude a long-term contract, he or she shall notify the defense contractor concerned of quantities of defense materials planned for manufacturing by year and such defense contractor may secure raw materials and parts within budget of the relevant year by obtaining approval from the Minister of the Defense Acquisition Program Administration prior to the conclusion of a procurement contract. <Added on Jan. 7, 2009; Apr. 30, 2024> |
(5) | The defense contractor may request the Minister of the Defense Acquisition Program Administration to grant a quality certification of the materials manufactured pursuant to paragraph (3) and raw materials and parts secured pursuant to paragraph (4), and the Minister of the Defense Acquisition Program Administration shall comply therewith, in the absence of good cause. <Amended on Jan. 7, 2009> |
(6) | Where there are materials manufactured pursuant to the provisions of paragraph (3) which are difficult to keep or are prone to safety accidents, etc., the defense contractor may deliver or keep the materials in the place determined by the relevant Chief of Staff after consultation with the armed force where such materials are to be delivered. <Amended on Jan. 7, 2009> |
Article 51 Deleted. <Feb. 2, 2021> |
Article 52 Deleted. <Feb. 2, 2021> |
Article 53 Deleted. <Feb. 2, 2021> |
Article 54 Deleted. <Mar. 30, 2021> |
Article 55 (Assistance to Defense Industry) |
Where a defense contractor or a specialized research institute intends to receive technical assistance or manufacturing assistance pursuant to Article 41 of the Act, it shall submit an application for such assistance including the matters in the following subparagraphs to the Minister of the Defense Acquisition Program Administration, the Chief of Staff of each armed force, the President of the Agency for Defense Development, the President of the Defense Agency for Technology and Quality, or the head of the military repair units: 1. | Terms and period of assistance; |
2. | Terms and conditions for the share of expenses. |
Article 56 Deleted. <Feb. 2, 2021> |
Article 57 (Designation of Guarantee Organization) |
(1) | Anyone who intends to be designated as a guarantee organization pursuant to Article 43 (1) of the Act shall satisfy the requirements in the following subparagraphs: |
1. | Paid-in capital (an endowment in the case of a nonprofit corporation) shall be 500 million won or more; |
2. | To have sufficient human resources and material facilities for conducting guarantee businesses in the each of subparagraphs of Article 43 (2) of the Act; |
3. | To secure funds (hereinafter referred to as "guarantee funds") necessary for conducting guarantee business for defense contractors, etc. |
(2) | Anyone who intends to be designated pursuant to paragraph (1) shall apply to the Minister of the Defense Acquisition Program Administration after preparing the documents listed in the following subparagraphs. In such cases, the Minister of the Defense Acquisition Program Administration shall verify a corporation registration certificate through administrative data matching referred to in Article 36 (1) of the Electronic Government Act: <Amended on Jun. 28, 2007; May 4, 2010; Nov 2, 2010> |
1. | An application for designation; |
2. | Deleted; <Jun. 28, 2007> |
3. | Documents that can verify the qualifications in the subparagraphs of paragraph (1); |
4. | Documents regarding guarantee regulations, such as the scope of guarantees, the terms of guarantee contracts, the limits on guarantees, and guarantee fees. |
(3) | Where the Minister of the Defense Acquisition Program Administration has designated a guarantee organization pursuant to paragraph (1), he or she shall publicly announce it. |
Article 58 Deleted. <Feb. 2, 2021> |
Article 59 (Transfer and Lease of State-Owned Property) |
(1) | General assets that can be leased without consideration pursuant to Article 45 (1) of the Act shall be as follows: <Amended on Jul. 27, 2009; Mar. 30, 2021> |
2. | Land, buildings, and structures provided directly for the transfer of defense facilities executed in accordance with an order pursuant to Article 49 (1) of the Act. |
(2) | Administrative assets that can be permitted for use without consideration pursuant to Article 45 (1) of the Act shall be as follows: |
1. | All kinds of test centers and laboratory facilities; |
2. | Explosives disposal sites; |
4. | Other assets prescribed by Ministerial Decree of National Defense as necessary for the manufacture and testing of defense materials. |
(3) | Equipment for exclusive use or goods that can be leased free of charge or at a cost pursuant to Article 45 (2) of the Act shall be raw materials, equipment, jigs and fixtures, measuring instruments, inspection machinery and tools, or articles and parts thereof for performance test and inspection, which are used for the manufacture and research of defense materials or manufacture of prototypes. |
(4) | Cases where specialized equipment or goods can be leased with or without consideration under paragraph (3) shall be as follows: <Amended on May 11, 2021> |
1. | Where the repair of disorder takes a long time or is impossible, or where it is apprehended to incur setbacks to the manufacture of defense materials due to difficulties in domestic purchase or in import from overseas; |
2. | Where it is needed for the performance test or inspection of defense materials; |
3. | Where it is impossible to manufacture defense materials as the manufacturing facilities have been destroyed due to natural disaster or other accidents; |
4. | Where the lease thereof is stipulated as a condition in the procurement contract or in commissioning of research and development, etc. of defense materials; |
5. | Where it is necessary for the test and evaluation of the results of projects for domestic development of components. |
(5) | Equipment for exclusive use or goods that can be transferred free of charge under Article 45 (2) of the Act are as follows: <Amended on May 11, 2021> |
1. | Specialized equipment or goods that have been leased pursuant to Article 45 (2) of the Act, but that cannot be returned or the return thereof is inappropriate after use as they fall under paragraph (4) 2 or 3; |
2. | Munitions that are equipment determined by the military as useless or surplus articles, but that can be used after repair or recycled by defense contractors or specialized research institutes; |
3. | Goods leased under paragraph (4) 5, for which transferring is economically advantageous, considering the costs of restoration or storage for the return after the test and evaluation. |
(6) | In any of the following cases, the Government shall preferentially consider transferring or leasing a facility owned by the State for manufacturing defense materials or lending defense materials owned by the State, without consideration, granting permission for the use of such facility or defense materials, or exchanging such defense materials with defense materials owned by a defense contractor pursuant to Article 45 (4) of the Act: <Added on Dec. 17, 2013; May 11, 2021> |
1. | Where a facility for manufacturing defense materials or defense materials become unusable because of aging or any other reason, and it is economically better to transfer such facility or defense materials without consideration, compared with the cost of shutdown or disposal; |
2. | Where the appropriate circulation cycle for the maintenance of quality or performance of defense materials is anticipated to elapse, and it is necessary to replace such defense materials with new ones; |
3. | Where it is anticipated to keep excessive quantity of certain defense materials in stock as a result of a decrease in the demand for the defense materials following a change in weapons systems, and it is necessary to replace such defense materials with other materials. |
(7) | Where a defense contractor or a specialized research institute intends to use, borrow, or acquire State assets pursuant to paragraphs (1) through (6), it shall apply therefor to the relevant management agency along with the following documents after receiving recommendation by the Minister of the Defense Acquisition Program Administration: <Amended on Dec. 17, 2013; May 11, 2021> |
2. | A plan for utilization. |
(8) | Upon receipt of an application under paragraph (7), the management agency shall permit the use thereof, lease or transfer, in the absence of good cause. <Amended on Dec. 17, 2013; May 11, 2021> |
[Title Amended on May 11, 2021]
Article 60 (Long-Term Contracts) |
(1) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall allow a person who intends to bid for a long-term contract to bid for all manufacturing or total services. |
(2) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration concludes a long-term contract, he or she shall conclude the contract by additionally stating the following amounts: |
1. | The amount of a contract (referring to the total production amount determined by a successful tender, etc. or the total service amount, excluding the amount of materials supplied by the government office; hereafter the same shall apply in this Article); |
2. | The Amount of annual distribution of the contract price under subparagraph 1 on an annual basis (hereafter referred to as "annual distribution amount" in this Article). |
(3) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall, after concluding a contract pursuant to paragraph (2), determine the annual distribution amount each year in consideration of the budget for the relevant year within the scope of maintaining the identity of the contract during the period of execution of the contract, and shall accumulate the determined annual distribution amount and additionally enter the determined annual distribution amount in the contract. |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for the conclusion, etc. of long-term contracts shall be prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended on Apr. 30, 2024]
Article 61 (Types, Terms, and Methods of Contracts) |
(1) | Contracts referred to in Article 46 (1) of the Act shall be concluded in accordance with the following classification: <Amended on Jul. 1, 2009; Oct. 1, 2010; Dec. 17, 2013> |
1. | General conclusive contracts: Where the contract amount is agreed at the time of conclusion of the contract, and the agreed contract amount is to be paid to the party to the contract if the agreed contract terms are fulfilled; |
2. | Commodity price-coordinated unit price contract: Where it is intended to conclude a contract for an item, for which a contract has been concluded during the latest three years after determining an estimated price by the cost calculation method, at a price of not more than the maximum contract amount determined by the Minister of the Defense Acquisition Program Administration by adjusting the latest contract unit price by fluctuation rate of the index specified by Ministerial Decree of National Defense, such as the price indexes collected and published by the Bank of Korea under Article 86 of the Bank of Korea Act, without re-calculating the cost; |
3. | Cost reduction compensation contract: Where the amount of cost reduction is deducted from the contract amount and the compensation within the extent of the cost reduction is intended, when there is new technology or development of engineering methods, business rationalization, etc. during the contract execution period after the conclusion of a contract; |
4. | Cost reduction incentive contract: Where cost reduction can be expected in the nature of a contract or it is necessary to encourage cost reduction for substituting imported products with domestically-manufactured products, the contract is concluded with a targeted cost or profit specified for the items or components of the cost, the level of which the opposite party to the contract can control, and an incentive shall be paid in addition to the contract amount according to the results of the actual cost, the achievement of the targeted profit, and the reduction of the targeted cost after performing the contract; |
5. | Ceiling amount contract: Where a ceiling amount is established in order to efficiently secure repair parts for main equipment and maintenance for the operation of weapons systems when a contract is concluded, and the repair parts and maintenance are to be requested from the contracting enterprise for a certain period within the scope of such ceiling amount; |
6. | Midway conclusive contract: Where the contract amount is to be determined in the course of execution of a contract as it is difficult to determine the contract amount at the time of conclusion of a contract in view of the nature of a contract; |
7. | Deleted; <Dec. 17, 2013> |
8. | Indeterminate item contract: Where it is difficult to determine the cost of certain items that constitute the contract amount when concluding a contract, it is intended to determine only the items which are possible to determine the cost, and part of the items that are difficult to determine are to be determined after the execution of a contract; |
9. | General approximation contract: Where the contract amount is to be determined after the execution of a contract as there is no cost data to determine the contract amount at the time of conclusion of a contract; |
10. | Performance-based contract: Where it is required to accomplish a certain performance objective at the time of conclusion of a contract and the consideration is to be paid commensurate with performance after the contract execution; |
11. | Long-term option contract: Where the period of a contract is specified, which shall not exceed five years, and the conditions of amendment with respect to the price for the estimated quantity of requirements, the period of a contract, the termination of a contract, etc. are stipulated, but a separate contract shall be concluded on the quantity that shall be purchased by enforcing the conditions of amendment; |
12. | Ceiling performance contract: Where a ceiling for the supply of parts is fixed for a specified period of a contract, which shall not exceed five years, at the time a contract for the supply of parts for the repair of a weapons systems is concluded, and then the supplier is required to supply parts for repair as necessary within the ceiling, and the price therefor may vary according to the performance of supply. |
(3) | Article 7 of the Act on Contracts to Which the State Is a Party shall apply to the method of a defense acquisition contract under the latter part of Article 46 (1) of the Act, and it may be concluded as a free contract in the following cases: <Added on Jul. 1, 2009; Dec. 17, 2013; Nov. 4, 2014; Apr. 14, 2015; Jan. 22, 2019; Feb. 2, 2021; Mar. 30, 2021; Feb. 11, 2022; Aug. 16, 2023; Apr. 30, 2024> |
1. | Where a contract for the manufacture (referring to the manufacture under Article 2 (1) 2 of the Defense Industry Development and Support Act) or purchase of defense materials (including a contract for the manufacture or purchase of repair parts (limited to those necessary at the stage of acquiring weapons systems) under subparagraph 13 (b) of Article 3 of the Act, which are not manufactured by the relevant defense contractor) is concluded with a defense contractor; |
1-2. | Where a purchase contract is concluded with a person who implemented the pilot project, after being selected as a project implementer under Article 24-2 (1), with regard to a weapons system the requirements for which are determined through the pilot project; |
2. | Where a ceiling amount contract referred to in paragraph (1) 5 is concluded; |
3. | Where a performance-based contract referred to in paragraph (1) 10 is concluded; |
4. | Where a contract is concluded for a quantity purchased by enforcing the terms of amendment under a long-term option contract under paragraph (1) 11; |
5. | Where a contract for defense acquisition programs is concluded in connection with the goods referred to in subparagraph 15 (d) of Article 3 of the Act; |
7. | Where each of the following requirements is satisfied, where a contract is concluded for the research and development of the relevant core technology with a specialized research institute having submitted the subject of a research referred to in item (b): |
(b) | Where the Minister of the Defense Acquisition Program Administration has determined to advance the research and development of core technology with respect to the research task referred to in item (a); |
8. | Where a contract is concluded with a domestic company that has developed the maintenance capability of equipment, components, or combinations, which is deemed necessary to develop domestic maintenance capability because there is no domestic repair clerk (repair clerk), as prescribed by the Minister of National Defense. |
(4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the specific details, scope, conclusion, etc. of defense acquisition program contracts shall be prescribed by Ministerial Decree of National Defense. <Amended on Apr. 30, 2024> |
(5) | Deleted. <Apr. 30, 2024> |
(6) | Deleted. <Apr. 30, 2024> |
Article 61-2 (Determination of Successful Tenderer Centered on Performance) |
(1) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration deems it necessary for competitive bidding for the conclusion of a contract for a defense acquisition program pursuant to Article 46 (3) of the Act, notwithstanding Article 42 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, he or she may determine a successful bidder by comprehensively considering the performance or quality of the relevant goods or services in addition to the bid price or by preferentially considering the performance or quality of the relevant goods or services. |
(2) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration intends to determine a successful tenderer under paragraph (1), he or she shall determine the criteria for evaluating the performance or quality of the relevant goods or services before tendering, and allow participants in tendering to inspect such criteria. |
(3) | Except as provided in paragraphs (1) and (2), matters necessary for the criteria, methods, procedures, etc. for determining successful bidders shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
[Previous Article 61-2 moved to Article 61-6 <Apr. 30, 2024>]
Article 61-3 (Standards and Methods for Determining Budget Prices) |
(3) | Detailed Standards and Methods for Determining Budget Price under paragraph (1) shall be prescribed by Ministerial Decree of National Defense. |
[This Article Added on Apr. 30, 2024]
Article 61-4 (Settlement of Accounts for Contracts by Rough Estimate) |
(2) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration determines the estimated price in advance pursuant to paragraph (1), he or she shall determine the estimated price based on the following prices: Provided, That where a contract is concluded through negotiations under Article 43 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, the determination of the estimated price may be omitted: |
2. | Price calculated by cost accounting of similar goods or services. |
(3) | Notwithstanding the standards for settlement of accounts under paragraph (1), in cases of an estimated contract that meets all of the following requirements, an additional settlement may be made within the scope of 3/100 of the initial contract amount: Provided, That the additional settlement may not exceed the difference between the budget for the relevant project and the initial contract amount at the time of public notice of a tender: |
1. | Where contracts are concluded through competitive tendering; |
2. | Where the cost calculated at the time of settlement for reasons prescribed by Ministerial Decree of National Defense on the grounds prescribed by Ministerial Decree of National Defense for which the other party to the defense acquisition program is unable to control, exceeds the contract price at the time of settlement (referring to the contract price reflecting the relevant change in the contract price, if the contract price is changed after the contract is concluded). |
(4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the standards for concluding estimated contracts, adjustment of contract amounts, detailed standards for settling accounts of estimated contracts, etc. shall be prescribed by Ministerial Decree of National Defense. |
[This Article Added on Apr. 30, 2024]
Article 61-5 (Preferential Acquisition of Domestically Obtained Raw Materials) |
(1) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration enters into a contract for a defense acquisition program pursuant to Article 46 (6) of the Act, he or she may reflect the following matters in the items of assessment of proposals for determining a successful bidder so that raw materials, materials, parts, products, etc. (hereafter referred to as "raw materials, etc." in this Article) manufactured in the Republic of Korea may be preferentially acquired: |
1. | Matters related to preferential acquisition of domestically produced raw materials or similar materials; |
2. | Where information is likely to be divulged or infringed due to the use of foreign-made raw materials, etc., measures to prevent the use of such raw materials, etc. and measures to secure, handle, and manage such raw materials, etc. where foreign-made raw materials, etc. are used. |
(2) | Matters necessary for the methods, procedures, etc. for evaluating proposals under paragraph (1) shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 61-6 (Selective Contracts for Munitions) |
(2) | The partner of an option contract for munitions shall be a successful bidder determined by the Minister of the Defense Acquisition Program Administration by evaluating the performance of delivery, management condition, credit rating, etc. among persons qualified under paragraph (1). |
(3) | Except as provided in paragraphs (1) and (2), matters necessary for procedures for option contracts for munitions shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Nov. 4, 2014]
[Moved from Article 61-2 <Apr. 30, 2024>]
Article 61-7 (Standards and Methods for Payment of Subscription Amount and Intermediate Payments) |
(1) | In any of the following cases, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may pay a retainer and intermediate payment under Article 46-2 (1) of the Act: |
1. | Where the remaining implementation period of a defense acquisition program contract (excluding a purchase contract; hereafter the same shall apply in this Article) exceeds 30 days from the date on which the payment of the retainer and intermediate payment is requested; |
2. | Where it is deemed impracticable to perform a contract unless the retainer or intermediate payment is paid even though it does not fall under the remaining period of performance of the defense acquisition program contract under subparagraph 1. |
(2) | The report and intermediate payments shall be paid within the limits appropriated in the budget for the relevant year, but the total amount of payment by aggregating the report and intermediate payments shall not exceed 90/100 of the contract amount: Provided, That where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration deems it necessary to overcome the economic crisis caused by a disaster, economic recession, mass unemployment, etc. under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety, the report and intermediate payments may be paid in excess of 90/100 after consultation with the Minister of Economy and Finance. |
(3) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall calculate the advance payment and intermediate payment based on the amount obtained by deducting the price from the contract amount in cases of a defense acquisition program contract in which consideration is paid for the completed or already paid portion pursuant to Article 15 of the Act on Contracts to Which the State Is a Party. |
(4) | In any of the following cases after the Minister of National Defense or the Minister of the Defense Acquisition Program Administration has paid a retainer payment and an intermediate payment, he or she shall, without delay, request the other party to the defense acquisition program contract to return all or part of the retainer payment and the intermediate payment: |
1. | Where the relevant defense acquisition program contract is cancelled or terminated; |
2. | Where he or she violates any of the conditions prescribed by Ministerial Decree of National Defense concerning the payment, etc. of advance payments and intermediate payments. |
(5) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall not pay any advance payment or intermediate payment where the other party to a contract for defense acquisition programs is subject to restrictions on qualification for participation in tendering pursuant to Article 59 of the Act, Article 70 of this Decree, and Article 27 of the Act on Contracts to Which the State Is a Party and is in the period of such restrictions. |
(6) | Where the other party to a defense acquisition program contract falls under any of the following cases pursuant to the main clause of Article 46-2 (3) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may pay a retainer and an intermediate payment to the other defense acquisition program contract concluded before he or she is subject to restriction on qualification for participation in a tendering procedure: |
1. | Where he or she is subject to restrictions on qualification for participation in tendering, irrespective of a national defense procurement contract; |
2. | Where he or she is subject to restrictions on qualification for participation in tendering for less than two years in connection with a national defense procurement contract. |
(7) | Where the other party to a defense acquisition program contract falls under any subparagraph of paragraph (6), the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may pay a differential advance payment and intermediate payment according to the following classifications pursuant to the proviso to Article 46-2 (3) of the Act: |
1. | Where the other party to a defense acquisition program contract falls under paragraph (6) 1: Full payment of the amount calculated by subtracting the already paid retainer and intermediate payment from the maximum amount of the retainer and intermediate payment that can be paid pursuant to paragraphs (2) and (3); |
2. | Where the other party to a defense acquisition program contract falls under paragraph (6) 2: Payment differentially by at least 30/100 of the amount calculated by subtracting the already paid retainers and intermediate payments from the maximum amount of the retainers and intermediate payments that can be paid pursuant to paragraphs (2) and (3). |
(8) | Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the detailed standards for payment and return of advance payments and intermediate payments, differential standards for payment, etc. shall be prescribed by Ministerial Decree of National Defense. |
[This Article Added on Apr. 30, 2024]
Article 61-8 (Provision of Incentives for Application of Core Technology) |
(1) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration or the Minister of the Defense Acquisition Program Administration applies core technologies, future-leading defense technologies, new technologies, etc. defined in subparagraph 5 (b) through (d) of Article 2 of the Defense Science and Technology Innovation Promotion Act (hereinafter referred to as "core technologies, etc.") to the subject matter of a contract pursuant to Article 46-3 (1) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may grant incentives, such as additional points, in consideration of the type of core technologies, etc., whether they are applied, the degree of utilization, etc., when evaluating a proposal for determining a successful tenderer. |
(2) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration intends to grant incentives pursuant to paragraph (1), he or she shall specify whether to grant additional points to the application of core technology, etc. when publicly announcing a tender, and the standards therefor, etc. |
(3) | Matters necessary for the methods, procedures, etc. for evaluating proposals under paragraphs (1) and (2) shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 61-9 (Imposition of Compensation for Deferment) |
(1) | The compensation for deferment under Article 46-4 (1) of the Act shall be the amount calculated by multiplying the contract amount by the number of days of delay and the rate prescribed by Ministerial Decree of National Defense. |
(2) | In cases falling under paragraph (1), where a person takes over (including where he or she manages and uses before taking over before taking over; hereafter the same shall apply in this Article) the completed portion or the portion paid in advance after undergoing an inspection, the penalty for delay shall be calculated based on the amount calculated by deducting the amount equivalent to such portion from the contract amount. In such cases, the takeover of the completed portion or the portion paid in advance shall be limited to the completed portion of goods, services, etc. that may be divided in light of their nature. |
(3) | Notwithstanding paragraphs (1) and (2), in cases of any of the following contracts, the limit on the total amount of liquidated damages for delay shall be as prescribed in paragraph (4): |
(4) | The limit of the total amount of compensation for delay under paragraph (3) shall be as follows: |
1. | Where the contract period expires on or after May 1, 2024 and the compensation for deferment accrues as a result of the expiration of the contract period: An amount equivalent to 10/100 of the contract amount (referring to the amount deducted from the contract amount where the portion completed or the portion already paid is acquired through an inspection pursuant to paragraph (2); hereafter the same shall apply in this paragraph); |
2. | Where liquidated damages for delay are incurred due to the expiration of the contract period before May 1, 2024, the amount classified as follows: |
(b) | Contracts other than those referred to in item (a): An amount equivalent to 30/100 of the contract price. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for detailed procedures, etc. for imposing liquidated damages for delay shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 61-10 (Reduction of or Exemption from Penalty for Delay) |
(1) | "Cases prescribed by Presidential Decree" in Article 46-4 (2) 1 of the Act means any of the following cases: |
1. | Natural disasters, incidents, emergencies, emergency disasters, infectious diseases, or other similar reasons; |
2. | Government is responsible for such reasons as changes in policies of the Government, failures in computerization, administrative delays, etc.; |
3. | Delay in importation of major raw materials or components due to war of exporting state of major raw materials or components, border closure, prohibition of exportation, etc. |
(2) | Pursuant to Article 46-4 (2) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may reduce or exempt compensation for delay within the following limits: |
1. | In cases falling under Article 46-4 (2) 1 of the Act: Full reduction of or exemption from the liquidated damages for delay on the relevant delayed date; |
2. | In cases falling under Article 46-4 (2) 2 of the Act and subparagraph 3 (c) of the same paragraph: Reduction of at least 30/100 of the amount of liquidated damages for the relevant delayed date; |
3. | In cases falling under Article 46-4 (2) 3 (a) and (b) of the Act: Reduction or exemption as determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration, taking into consideration whether an appropriate subcontractor, etc. exists, other than a subcontractor who has a cause of delay, as determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
(3) | The other party to a defense acquisition program contract who intends to be fully or partially reduced or exempted from compensation for delay pursuant to Article 46-4 (2) of the Act shall file an application for reduction or exemption with the Minister of National Defense or the Minister of the Defense Acquisition Program Administration, along with materials, etc. evidencing the grounds for delay in performing the contract. |
(4) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration or the Minister of the Defense Acquisition Program Administration upon receipt of an application for reduction or exemption of compensation for delay under paragraph (3), he or she shall determine whether to grant reduction or exemption of compensation for delay, taking into consideration the nature and scale of the subject matter of the contract, the level of fidelity to perform the contract, etc. and notify the other party to the defense acquisition program contract of the compensation for delay calculated accordingly. If the Minister of National Defense or the Minister of the Defense Acquisition Program Administration deems it necessary in consideration of the grounds for reduction or exemption of the compensation for delay, he or she may undergo deliberation by the Defense Acquisition Program Deliberation Committee. |
(5) | Notwithstanding paragraph (4), where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration applies for the reduction or exemption of compensation for delay on the grounds falling under Article 46-4 (2) 2 and 3 (c) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall determine whether to grant the reduction or exemption of compensation for delay, following deliberation by the Deliberative Committee on Defense Acquisition Program Agency after hearing the opinion of the President of the Defense Agency for Technology and Quality. |
(6) | Where the President of the Defense Agency for Technology and Quality intends to submit his or her opinion pursuant to paragraph (5), he or she may organize and operate a technology review committee comprised of the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, armed forces, the Agency for Defense Development, civilian experts in the field of defense acquisition programs, etc. in order to professionally review matters concerning the challenges, sincerity, etc. of the performance of contracts and gather consensus from interested parties, etc. |
(7) | The Technology Review Committee referred to in paragraph (6) may request the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, respective armed forces, etc. to submit data, if necessary for efficiently performing its duties. Upon receipt of a request for submission of data in such cases, a person in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. |
(8) | Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for the detailed standards and procedures for the reduction of or exemption from liquidated damages for delay and the composition, operation, etc. of the technology review committee shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 61-11 (Change of Contract) |
(1) | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration intends to modify the period, amount, conditions, etc. of a contract (including an estimated contract; hereafter the same shall apply in this Article) pursuant to the proviso, with the exception of the subparagraphs, of Article 46-5 of the Act, he or she may undergo deliberation by the Deliberative Committee on Defense Acquisition Program Acquisition Agency Contracts, if deemed necessary in consideration of the scale of the contract, the clarity of the grounds for modification, etc. |
(2) | Where the period, amount, conditions, etc. of a contract may be modified pursuant to the proviso, with the exception of the subparagraphs, of Article 46-5 of the Act and subparagraph 1 of the same Article, the following cases shall be deemed included: |
1. | Change of process schedule; |
2. | Change in characteristics of materials; |
4. | Reflection of additional requirements by requirement-proposing agency; |
5. | Where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration deems that the cases fall under subparagraph 1 of Article 46-5 of the Act, which are equivalent to those referred to in subparagraphs 1 through 4. |
(3) | Where the other party to a defense acquisition program contract intends to request the Minister of National Defense or the Minister of the Defense Acquisition Program Administration to modify the contract on the grounds referred to in subparagraph 2 of Article 46-5 of the Act, the other party may request the Minister of National Defense or the Minister of the Defense Acquisition Program Administration to modify the contract, as prescribed by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration, after undergoing testing, evaluation, etc. under Article 21 of the Act in relation to the terms and conditions of the contract to be changed. |
(4) | Notwithstanding paragraph (1), where the Minister of National Defense or the Minister of the Defense Acquisition Program Administration intends to modify a contract for any reason prescribed in subparagraph 2 of Article 46-5 of the Act, he or she shall hear the opinion of the President of the Defense Agency for Technology and Quality and submit it for deliberation by the Deliberative Committee on Defense Acquisition Program Contracts. Article 61-10 (6) and (7) shall apply mutatis mutandis to the submission, etc. of opinion of the President of the Defense Agency for Technology and Quality in such cases. |
(5) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the specific details, procedures, etc. of modification of contracts shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 61-12 (Defense Acquisition Program Contract Deliberation Committee) |
(1) | The Defense Acquisition Program Administration or the Defense Acquisition Program Administration may establish a deliberative committee on defense acquisition program contracts, respectively, in order to efficiently deliberate on and seek advice on the following matters concerning bidding or successful tenders for defense acquisition program contracts or the conclusion and execution of contracts: |
1. | Whether a tendering procedure, successful tendering procedure, or contract under the proviso of Article 6 (4) of the Act and Article 4 (10) of this Decree continues to be executed; |
2. | Matters concerning reduction of or exemption from liquidated damages for delay under Article 46-4 (2) of the Act and Article 61-10 (4) and (5) of this Decree; |
4. | Matters concerning restrictions on qualification for participation in tendering procedures under Article 59 (1) of the Act and Article 70 (1) of this Decree; |
5. | Other matters the Minister of National Defense or the Minister of the Defense Acquisition Program Administration deems necessary for deliberation or consultation by the Defense Acquisition Program Contract Deliberation Committee. |
(2) | The Defense Acquisition Program Contract Deliberation Committee shall be comprised of not more than 15 members, including one chairperson. |
(3) | The chairperson of the Defense Acquisition Program Contract Deliberation Committee shall be appointed by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration from among the members of the Deliberative Committee on Defense Acquisition Program Agency Contracts, and the members of the Deliberative Committee on Defense Acquisition Program Agency Contracts shall be appointed or commissioned by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration from among the following persons: |
1. | Persons appointed by the heads of the agencies to which they belong, from among public officials who are at least equivalent to director general level or field-grade officers of the Ministry of National Defense, the Defense Acquisition Program Administration, the Joint Chiefs of Staff, and armed forces; |
2. | Persons with extensive knowledge of and experience in defense acquisition programs, procurement contracts, etc. |
(4) | The term of office of members of the Defense Acquisition Program Contract Deliberation Committee shall be two years, and they may be reappointed only once: Provided, That the term of office of a member under paragraph (3) 1 shall be the period during which he or she holds the relevant position. |
(5) | A majority of the members of the Defense Acquisition Program Contract Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present: Provided, That in cases of deliberation on paragraph (1) 2, a majority of the members of the Defense Acquisition Program Contract Deliberation Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least 2/3 of those present. |
(6) | Articles 14-2, 14-3, 17, and 18 shall apply mutatis mutandis to the exclusion, challenge, abstention, refrainment, dismissal, request for submission of materials, allowances, travel expenses, etc. of members of the Defense Acquisition Program Agency Contract Deliberation Committee. |
(7) | An Working Committee for Defense Acquisition Program Contracts may be established under the Defense Acquisition Program Contract Deliberation Committee to review agenda items to be deliberated upon by the Defense Acquisition Program Contract Deliberation Committee and to support the affairs of the Defense Acquisition Program Contract Deliberation Committee. |
(8) | The Defense Acquisition Program Contract Deliberation Committee shall continue to exist until Apr. 30, 2029. |
(9) | Except as provided in paragraphs (1) through (8), matters necessary for the organization and operation of the Defense Acquisition Program Contract Deliberation Committee and the Working Committee on Defense Acquisition Program Contracts shall be determined by the Minister of National Defense or the Minister of the Defense Acquisition Program Administration. |
[This Article Added on Apr. 30, 2024]
Article 62 (Procedures for Revocation of Designation of Defense Contractors) |
Where the Minister of Trade, Industry and Energy revokes designation of a defense contractor pursuant to Article 48 (1) of the Act, he or she shall notify the Minister of the Defense Acquisition Program Administration and the relevant defense contractor thereof by specifying the grounds therefor, and retrieve the certificate of designation of the defense contractor. <Amended on Feb. 29, 2008; Mar. 23, 2013>
Article 63 (Termination of Commission of Specialized Research Institutes) |
(1) | The Minister of the Defense Acquisition Program Administration may terminate the commission where a specialized research institute falls under any of the following subparagraphs: |
1. | Where it fails to meet the requirements for security pursuant to Article 44; |
2. | Where it refuses or fails to execute the commission for research and development of defense materials or manufacturing of prototypes, etc. without justifiable grounds; |
3. | Where the Minister of the Defense Acquisition Program Administration deems that there is no need to retain it as a specialized research institute due to the insufficiency of research facilities or the level of technology, etc. |
(2) | Where the Minister of the Defense Acquisition Program Administration intends to terminate the commission of a specialized research institute, he or she shall clearly notify the specialized research institute and the supervisory organization in charge thereof with the grounds therefor and retrieve the certificate of designation of the specialized research institute. |
(3) | Where the Minister of the Defense Acquisition Program Administration intends to terminate the commission of specialized research institute pursuant to paragraph (1), he or she shall hold a hearing. |
Article 64 (Revocation of Designation of Defense Materials) |
(1) | The Minister of the Defense Acquisition Program Administration shall examine all defense materials every three years to determine whether to continue or revoke the designation thereof, and take measures subsequent thereto. |
(2) | The Minister of the Defense Acquisition Program Administration may analyze Korean technology level in the field of each defense industry and whether there are manufacturers that may manufacture respective defense materials for examination under paragraph (1). <Added on Mar. 31, 2016> |
(3) | Where the Minister of the Defense Acquisition Program Administration intends to revoke the designation of defense materials, he or she shall notify the Minister of Trade, Industry and Energy and the relevant defense contractor thereof by specifying the reasons. <Amended on Dec. 31, 2008; Mar. 23, 2013; Mar. 31, 2016> |
Article 64-2 (Approval for Participation in National Strategic Arms Projects) |
(2) | Any enterprise which a foreign enterprise or a foreigner who intends to obtain approval to participate in a national strategic arms project or a project corresponding thereto (hereinafter referred to as "strategic arms project") substantially acquires control over management of (hereinafter referred to as "enterprise subject to approval") pursuant to Article 50-2 (1) of the Act shall submit an application for approval prescribed by Ministerial Decree of National Defense to the Minister of the Defense Acquisition Program Administration with documents referred to in the following subparagraphs attached thereto: <Amended on Jul. 2, 2019> |
1. | The articles of association, statement of financial position, and statement of profit and loss for the last three years of a foreign enterprise (hereinafter referred to as "foreign investing enterprise") which has acquired substantial control over the management of an enterprise subject to approval as well as those of the enterprise subject to approval; |
2. | Record of mergers and acquisitions of a foreign investing enterprise and an enterprise subject to approval for the last five years; |
3. | Management structure and the current status of subsidiaries of a foreign investing enterprise and an enterprise subject to approval; |
4. | Record of investments and a plan for investment of a foreign investing enterprise (including subsidiaries) in an enterprise subject to approval; |
5. | The current status of exchange of human resources (including dispatch and education) between a foreign investing enterprise (including subsidiaries) and an enterprise subject to approval for the last three years; |
6. | Materials referred to in the following items related to security of an enterprise subject to approval: |
(a) | Security measures for the area where the relevant facilities may be fully protected and for the facilities; |
(b) | Security measures for the personnel engaged in an enterprise subject to approval; |
(c) | Security measures for handling, keeping and management of confidential documents; |
(d) | Measures to protect manufactured goods and raw materials; |
(e) | Measures to protect equipment and facilities; |
(f) | Security measures for communications facilities and means of communications; |
(g) | Measures to protect the process of information processing of various materials and to protect data resulting from information processing; |
(h) | Means of organic communications with the relevant information agency against any security accident. |
(3) | If the Minister of the Defense Acquisition Program Administration receives an application for approval pursuant to paragraph (2), he or she shall decide whether he or she approves within 60 days from the date he or she receives such an application and notify the applicant concerned thereof, and when he or she has approved, he or she shall issue an applicant a letter of approval prescribed by Ministerial Decree of National Defense. |
(4) | When an enterprise subject to approval submits a proposal to participate in a strategic arms project, it shall submit a letter of approval pursuant to paragraph (3). |
(5) | The criteria for the substantial acquisition of control over management pursuant to Article 50-2 (2) of the Act shall be any of the following cases: |
1. | Where stocks, etc. (including stakes or all the other property rights; hereinafter the same shall apply) of an enterprise are traded, exchanged or merged between enterprises, a security right thereof is exercised, payment in substitutes thereof is received, or are acquired in a lump by other methods; |
2. | Where a new corporation is incorporated by separating part of an enterprise therefrom, a separated part is traded, exchanged, or merged between enterprises, a security right thereof is exercised, payment in substitutes thereof is received, or is acquired in whole by other methods; |
3. | Where the same person holds not less than 50/100 of the stocks, etc. of an enterprise, alone or jointly with any person (hereinafter referred to as "person who has relation with the same person") under any of the following items (including cases where the same person becomes the largest stockholder, as cases where he or she holds less than 50/100, and becomes able to exercise a dominant influence over the appointment of executives of an enterprise or management thereof for himself or herself or through a person who has relation with the same person): |
(a) | Spouse, blood relatives as far as third cousins, and relatives as far as cousins of in-laws; |
(b) | A firm which the same person exercises a dominant influence over the principal decision-making, such as change in organization of the relevant firm or investment in new business, or the management of business for himself or herself or through a person referred to in item (a) or (c); |
(c) | A firm which the same person may appoint or dismiss the representative director of the relevant firm or appoint not less than 50/100 of the executive officers by contract or agreement with other major stockholders; |
4. | Where an enterprise is managed by means of the acquisition by transfer or lease of the whole or important part of business thereof, or acceptance of entrustment of the management thereof. |
[This Article Added on Oct. 1, 2010]
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 65 (Consultation on Manufacture and Sales Contracts for Defense Materials) |
(1) | Where a person other than a government agency intends to obtain approval for conclusion of a contract for manufacturing and selling defense materials with a defense contractor in accordance with Article 51 of the Act, he or she shall submit an application for approval on the conclusion of a contract for manufacturing and selling defense materials to the Minister of the Defense Acquisition Program Administration. |
(2) | Where the Minister of the Defense Acquisition Program Administration has received an application for approval pursuant to paragraph (1), he or she shall determine within three months whether to grant approval in consideration of the requirements of the military, and notify the applicant and defense contractor thereof. |
Article 66 (Requirements for Permission to Manufacture Military Firearms, Swords and Explosives) |
(1) | Cases where it is required to obtain permission from the Administrator of the Defense Acquisition Program Administration for military firearms, swords, explosives, etc. (hereinafter referred to as "military firearms, etc.") pursuant to Article 53 (1) of the Act shall be as follows: Provided, That for military firearms, etc. meeting the standards prescribed by the Minister of the Defense Acquisition Program Administration, the following acts (limited to subparagraph 9 in cases of military firearms and swords; and excluding subparagraph 5 in cases of military explosives) may be conducted without permission: <Amended on Mar. 31, 2020; May 11, 2021; Feb. 11, 2022> |
1. | Where a person intends to engage in manufacturing military firearms, etc.; |
2. | Where a person intends to add manufacturing items of military firearms, etc.; |
3. | Where a person intends to build, expand or change (referring to change of the structure of a factory, etc.; hereafter in this Article the same shall apply) manufacturing facilities of military firearms, etc., except in the following cases: |
(a) | Where the Agency for Defense Development intends to build, expand or change manufacturing facilities in connection with the activities under Article 7 (1) of the Act on the Agency for Defense Development; |
4. | Where a person intends to use manufacturing facilities of military firearms, etc. after newly building, expanding, or changing such facilities, except in the following cases: |
(a) | Where the Agency for Defense Development intends to use such facilities after newly building, expanding, or changing the facilities in connection with performing activities under Article 7 (1) of the Act on the Agency for Defense Development; |
5. | Where a person intends to export or import military firearms, etc.; |
6. | Where a person intends to transfer or acquire military firearms, etc., except in the following cases: |
(a) | Where a person has consulted on and obtained approval for a sales contract of defense materials pursuant to Article 51 (2) of the Act; |
(b) | Where military firearms, etc. are to be delivered to armed forces according to a procurement contract; |
(c) | Where a person who has obtained import permission under subparagraph 5 intends to transfer to an end user under a contract according to the purpose of the import; |
(d) | Where each of the armed forces seeks to transfer or acquire; |
7. | Where a person intends to carry military firearms, etc. except in the following cases: |
(a) | Where a person carries military firearms, etc. manufactured by a person who has obtained permission for manufacturing pursuant to subparagraph 1 within manufacturing facilities; |
(b) | Where a person, who has obtained permission for export or import, permission for transfer or acquisition, permission for storage, permission for transport, or permission for disuse (including cases where transfer, acquisition, storage, transport and disuse are possible without permission) pursuant to subparagraphs 5, 6, and 8 through 10, intends to carry; |
(c) | Where each of the armed forces intends to carry; |
8. | Where a person intends to store military firearms, etc. in a place other than manufacturing facilities permitted for use pursuant to subparagraph 4, except the following cases: |
(a) | Where the person intends to store in a facility on the premises of the military base, such as a military base ammunition depot; |
(b) | Where each of the armed forces intends to store; |
9. | Where a person intends to transport military firearms, etc., except in the following cases: |
(a) | Transporting within the area of one business site (multiple business places bordering each other are considered as one business domain) without going through a road under Article 10 of the Road Act; |
(b) | Transporting military firearms, etc. that are being developed by the Agency for Defense Development (including military firearms, etc. being managed by the defense contractors, etc. as the Agency for Defense Development assigns the production of prototypes, etc. to the defense contractors, etc. for development); |
(d) | Where each of the armed forces intends to transport; |
10. | Where a person intends to disuse military firearms, etc. except in the following cases: |
(a) | Where the person intends to disuse military firearms, etc. wherein defects are detected in the manufacturing process in the manufacturing facilities permitted for pursuant to subparagraph 4 (including cases where using manufacturing facilities is possible without permission); |
(b) | where each of the armed forces intends to disuse. |
(2) | A person who intends to obtain permission pursuant to paragraph (1) shall apply for permission to the Minister of the Defense Acquisition Program Administration, as prescribed by Ministerial Decree of National Defense. In such cases, where a person intends to obtain permission to use manufacturing facilities of military firearms, etc. pursuant to paragraph (1) 4, he or she shall file an application within 20 days from the completion date of the construction, expansion or change of manufacturing facilities. <Amended on Mar. 31, 2020> |
(3) | Where the Minister of the Defense Acquisition Program Administration grants permission (only applicable to permission falling under paragraph (1) 1 through 4 and 8) upon application for permission under paragraph (2), he or she shall determine whether to grant such permission in consideration of the following requirements. In such cases, he or she shall require the president of the Agency for Defense Development to conduct a safety inspection of the manufacturing facilities and storage facilities of military firearms, etc. (hereafter in this paragraph referred to as "manufacturing facilities") and shall reflect the result therein: |
1. | To secure a safety distance between manufacturing facilities, and to the adjacent residential area; |
2. | To secure safety in the structure of manufacturing facilities and their incidental facilities; |
3. | To secure safety in protection of manufacturing facilities; |
4. | To secure maintenance of appropriate supply and quality assurance according to the demand of armed forces. |
(4) | Detailed matters concerning procedures for permission of military firearms, etc. under paragraph (1) and requirements for permission, etc. referred to in paragraph (3) shall be prescribed by Ministerial Decree of National Defense. |
(5) | In cases of a national emergency, or where security is deemed necessary, the Minister of the Defense Acquisition Program Administration may request the commander of a military unit designated by the Minister of National Defense to escort the transport of military firearms, etc. |
[This Article Wholly Amended on Jul. 1, 2009]
Article 66-2 (Safety Management of Military Firearms) |
(1) | A person who has obtained permission pursuant to Article 66 (1) 4 (hereinafter referred to as "person who has obtained permission to use manufacturing facilities") and a person who has obtained permission pursuant to subparagraph 8 of that paragraph (hereinafter referred to as "person who has obtained permission for the storage") shall establish hazard prevention regulations as prescribed by Ministerial Decree of National Defense, which shall be complied with by themselves and their employees. |
(2) | A person who has obtained permission to use manufacturing facilities or a person who has obtained permission for the storage shall establish his or her own plan for safety education for the relevant employees, as prescribed by Ministerial Decree of National Defense, and shall faithfully conduct safety education accordingly. |
(3) | A person who has obtained permission to use manufacturing facilities or a person who has obtained permission for the storage shall establish and implement a safety inspection plan including regular inspections of at least twice a year, as prescribed by Ministerial Decree of National Defense, and shall report the inspection results to the Minister of the Defense Acquisition Program Administration without delay after completing a regular inspection. |
(4) | A person who has obtained permission to use manufacturing facilities or a person who has obtained permission for the storage shall undergo a safety inspection conducted by the Minister of the Defense Acquisition Program Administration, as prescribed by Ministerial Decree of National Defense. |
[This Article Added on Mar. 31, 2020]
Article 66-3 (Appointment of Persons in Charge of Security in Manufacturing and Managing Military Explosives) |
(1) | A person who has obtained permission to use manufacturing facilities for military explosives shall appoint a person in charge of security in manufacturing military explosives and a person in charge of security in managing military explosives; and a person who has obtained permission for the storage of military explosives shall appoint a person in charge of security in managing military explosives, respectively, from among persons who have obtained a license prescribed in Article 28 of the Act on the Safety Management of Guns, Swords, and Explosives. |
(2) | Where a person who is required to appoint a person in charge of security in manufacturing military explosives or a person in charge of security in managing military explosives pursuant to paragraph (1) appoints or dismisses a person in charge of security in manufacturing military explosives or a person in charge of security in managing military explosives, he or she shall report to the Minister of the Defense Acquisition Program Administration, as prescribed by Ministerial Decree of National Defense. |
(3) | A person in charge of security in manufacturing military explosives shall supervise matters concerning the manufacturing process of military explosives and a person in charge of security in managing military explosives shall supervise overall affairs of handling (excluding manufacturing) military explosives, respectively: Provided, That they shall faithfully perform supervisory duties for safety including the following matters: |
1. | To ensure that manufacturing facilities, etc. are maintained in conformity with the standards as at the time of permission; |
2. | To guide and supervise the hazard prevention regulations and the status of compliance under Article 66-2 (1); |
3. | To guide and supervise a safety education plan and the status of implementation thereof under Article 66-2 (2); |
4. | To guide and supervise the safety inspection plan and the status of implementation thereof under Article 66-2 (3). |
(4) | A person handling military explosives shall follow the safety instruction and supervision by a person in charge of security in manufacturing military explosives and a person in charge of security in managing military explosives. |
[This Article Added on Mar. 31, 2020]
Article 67 (Reserve of Raw Materials) |
(1) | The kind and quantity of raw materials that the defense contractor must reserve pursuant to Article 55 of the Act and other necessary matters shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
(2) | The Minister of the Defense Acquisition Program Administration may notify the relevant defense contractors of the details of raw materials that they must reserve pursuant to paragraph (1), and order them to reserve raw materials accordingly. |
(3) | A defense contractor, in receipt of the order referred to in paragraph (2), shall reserve raw materials within one year from the date it is ordered to do so, and if it fails to reserve raw materials within the prescribed period, it shall notify the Minister of the Defense Acquisition Program Administration of the reason and the expected date of reserving. |
(4) | When a defense contractor who has received an order under paragraph (2) intends to import or purchase raw materials to be reserved, it shall undergo an inspection for standards and quality from the Minister of the Defense Acquisition Program Administration, as prescribed by Ministerial Decree of National Defense. <Added on May 11, 2021> |
Article 68 (Permission for Exportation) |
(1) | A person, who intends to engage in exportation or intermediation business pursuant to Article 57 (1) of the Act, shall submit a report on exportation or intermediation business to the Minister of the Defense Acquisition Program Administration, along with the documents prescribed by Ministerial Decree of National Defense. <Amended on Oct. 1, 2010> |
(2) | The Minister of the Defense Acquisition Program Administration, in receipt of a report submitted under paragraph (1), shall issue a certificate of reporting exportation or intermediation business to the relevant reporting person. <Amended on Oct. 1, 2010> |
(3) | A person, who intends to obtain permission for exporting defense materials and national defense science and technology or intermediating the trade thereof pursuant to the main clause of Article 57 (2) of the Act, shall submit a written application to obtain permission for exportation or trade intermediation prescribed by Ministerial Decree of National Defense, to the Minister of the Defense Acquisition Program Administration, along with the documents prescribed by Ministerial Decree of National Defense. <Amended on Sep. 22, 2015; Jun. 20, 2017> |
(4) | The scope of defense materials and national defense science and technology permitted to be exported pursuant to Article 57 of the Act shall be prescribed by the Minister of the Defense Acquisition Program Administration. |
(5) | Where the guarantee of the performance of contracts and of quality is requested from the government of the purchasing country when exporting defense materials and national defense science and technology pursuant to paragraph (4), the Minister of the Defense Acquisition Program Administration may comply therewith. <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 22, 2015> |
(6) | The Minister of the Defense Acquisition Program Administration may restrict exportation or order coordination of major defense materials and national defense science and technology referred to in Article 34 (1) of the Act, pursuant to Article 57 (4) of the Act, in each of the following cases: <Amended on Jul. 1, 2009; Oct. 1, 2010; Sep. 22, 2015; Mar. 31, 2020; Mar. 30, 2021> |
1. | Where it is necessary for international peace, maintenance of safety, and national security, or where there are urgent changes in international situations, such as war and terrorism; |
2. | Where diplomatic friction is likely to occur, as a result of exporting major defense materials and national defense science and technology; |
3. | Where it is necessary to comply with agreements concluded between governments regarding an agreement for importation of technology with a foreign country or export control of strategic materials; |
4. | Where it is apprehended that national interests might be damaged due to excessive competition between domestic enterprises that export major defense materials and national defense science and technology; |
5. | Where items, the quality of which has not been guaranteed, are exported, or where disqualified items are exported; |
6. | Where it is apprehended that assistance in subsequent supplies of war following the exportation of defense materials might be hindered; |
(7) | "Cases prescribed by Presidential Decree ... to provide ... for the Republic of Korea troops sent overseas" in the proviso of Article 57 (2) of the Act means any of the following cases: Provided, That excluded herefrom are cases falling under subparagraph 4 or 5 where a consent or permission from a foreign government is required for export or cases falling under any subparagraph of paragraph (6). <Added on Sep. 22, 2015; Jun. 20, 2017; Mar. 31, 2020> |
1. | Where the major defense materials and national defense science and technology are supplied for the use of the national army dispatched overseas; |
2. | Where the major defense materials and national defense science and technology are supplied for the use of embassies and legations abroad; |
3. | Where the major defense materials and national defense science and technology are supplied for the emergency repair use for the security of fleet or military aircraft of Korea; |
4. | Where the goods identical to the defense materials exported with permission from the Minister of the Defense Acquisition Program Administration pursuant to the main clause of Article 57 (2) of the Act (detailed standards for recognition as identical goods shall be prescribed by the Minister of the Defense Acquisition Program Administration) are exported to the same end user (limited to cases where the end user is the government of the importing country) within two years from the date of permission; |
5. | Where defense materials, which have been imported for repair or replacement for reasons such as poor performance, defect, or damage after exporting with permission from the Minister of the Defense Acquisition Program Administration pursuant to the main clause of Article 57 (2) of the Act, are subsequently exported to the same end users; |
(8) | Deleted. <Jun. 20, 2017> |
[Title Amended on Sep. 22, 2015]
Article 68-2 (Registration of Munitions Sales Agency) |
(1) | Any person who intends to register a munitions sales agency pursuant to Article 57-2 (1) of the Act shall submit an application for registration of a munitions sales agency (including an application for registration in an electronic form) prescribed by Ministerial Decree of National Defense to the Minister of the Defense Acquisition Program Administration along with the following documents (including electronic documents): <Amended on Dec. 3, 2019> |
1. | Resumes of its representative and executive officers; |
2. | Current status of employment, such as the total number of employees and the number of employees related to defense acquisition programs; |
3. | A pledge of integrity under Article 6 (1) of the Act; |
4. | Deleted. <Dec. 3, 2019> |
(2) | Upon receipt of an application under paragraph (1), the Minister of the Defense Acquisition Program Administration shall verify the following documents through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the applicant does not consent to verification, the Minister shall require the applicant to submit the relevant documents: <Amended on Apr. 30, 2024> |
1. | In cases of a corporation, a corporation registration certificate; |
2. | Business registration certificate (referring to business registration certificate excluding resident registration numbers). |
(3) | Where the Minister of the Defense Acquisition Program Administration receives an application for registration of munitions sales agency pursuant to paragraph (1), he or she shall issue a registration certificate to an applicant within 30 days from the date he or she receives the application after checking whether matters in the application fall under any subparagraph of Article 57-2 (1) of the Act, and the relevant facts. |
(4) | Where it is necessary to verify the relevant facts under paragraph (3), the Minister of the Defense Acquisition Program Administration may extend the period required for issuance of a registration certificate within 15 days, and notify an applicant of reasons for the extension thereof and the extended period. |
[This Article Added on Nov. 29, 2016]
Article 68-3 (Registration of Alterations of Munitions Sales Agency) |
(1) | "Important matters prescribed by Presidential Decree" in Article 57-2 (2) of the Act means the following: |
1. | Representative and executive officers; |
2. | Company (corporation) name; |
3. | Location of a place of business and contact details. |
(2) | Where a person intends to register any alterations of munitions sales agency pursuant to Article 57-2 (2) of the Act, he or she shall submit an application for registration of alterations of munitions sales agency (including an application for registration of alterations in an electronic form) prescribed by Ministerial Decree of National Defense within 30 days from the date such alterations are made to the Minister of the Defense Acquisition Program Administration along with the following: |
1. | Documents evidencing the relevant amendment; |
2. | A certificate of registration (only applicable where a matter included in the certificate of registration is modified). |
(3) | The provisions of Article 68-2 (2) through (4) shall apply mutatis mutandis to procedures for examining documents relating to registration of alterations and issuing a registration certificate. |
(4) | Where a munitions sale agent intends to continuously conduct munitions sales agency even after the effective period of registration under Article 57-2 (4) of the Act, he or she may file an application for renewal of registration with the Minister of the Defense Acquisition Program Administration from three months before the expiration date of the effective period to one month before the expiration date thereof. In such cases, Article 68-2 shall apply mutatis mutandis to procedures for applying for renewal of registration and the issuance of a registration certificate. |
(5) | The Minister of the Defense Acquisition Program Administration shall pre-notify the relevant munitions sales agent of procedures for renewal of registration and the fact that the effective period will expire unless he or she applies for renewal within the period by text messaging, email, fax, telephone, etc. no later than three months prior to the expiration date of the effective period of registration. |
[This Article Added on Nov. 29, 2016]
Where the Minister of the Defense Acquisition Program Administration intends to revoke registration of munitions sales agency pursuant to Article 57-3 (1) of the Act, he or she shall hold a hearing. [This Article Added on Nov. 29, 2016]
Article 68-5 (Reporting of Commission) |
(1) | "Project of at least the size prescribed by Presidential Decree" in Article 57-4 (1) of the Act means a project whose budget for a contract which the Minister of the Defense Acquisition Program Administration intends to enter into is at least two million US dollars. |
(2) | Where the Minister of the Defense Acquisition Program Administration invites competitive tenders for a project (hereinafter referred to as "project subject to reporting of commission") in which case he or she should report remuneration, such as commission, (hereinafter referred to as "commission") under Article 57-4 (1) of the Act, he or she shall specify that the project is subject to reporting of commission in an invitation to tender, and where he or she enters into a private contract, he or she shall notify the other party to a contract or a munitions sales agent who intermediates or represents the relevant contract of the fact that the project is subject to reporting of commission before he or she enters into the contract. |
(3) | Any person who intends to report commission pursuant to Article 57-4 (1) of the Act shall submit a report mentioning a party to the contract concerning commission, the commission, etc. to the Minister of the Defense Acquisition Program Administration by the deadline for submitting a tender (in cases of a contract concluded through negotiations prescribed in Article 43 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, referring to a proposal) in cases of competitive tenders, and by the date he or she enters into the contract in cases of a private contract: Provided, That where he or she enters into a contract concerning commission after the deadline for submitting a tender or proposal or the date he or she enters into a private contract, he or she shall submit the report to the Minister of the Defense Acquisition Program Administration within 30 days after he or she enters into a contract for the relevant commission. |
(4) | Any person who intends to alter matters reported pursuant to Article 57-4 (2) of the Act shall submit a report on alterations to the Minister of the Defense Acquisition Program Administration within 30 days after he or she alters such matters. |
[This Article Added on Jun. 20, 2017]
Article 69 (Recovery of Fraudulent Gains) |
(1) | Where the Minister of the Defense Acquisition Program Administration intends to recover fraudulent gains and additional levies (hereinafter referred to as "fraudulent gains, etc.") pursuant to Article 58 (1) of the Act, he or she shall serve a written notification for payment by clearly stating the fact of fraudulent gains, amount of fraudulent gains, etc., deadline for payment, and the methods of and period for, etc. raising objections. <Amended on Jun. 20, 2017> |
(2) | A person who has been notified pursuant to paragraph (1) shall pay the fraudulent gains, etc. to an organization appointed by the Minister of the Defense Acquisition Program Administration within 30 days from the date of such notification. |
(3) | The basis and methods for calculation of additional charges prescribed in Article 58 of the Act shall be as specified in the Appendix 1. <Added on Jun. 20, 2017> |
Article 70 (Restrictions on Qualifications for Participation in Bidding) |
(1) | Where a person falling under Article 6 (1) 4 of the Act falls under any subparagraph of Article 59 (1) of the Act, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall restrict the qualification of a person falling under any subparagraph of Article 6 (1) 4 of the Act to participate in a tendering procedure for at least one month but not more than five years. If deemed necessary, the Minister of National Defense or the Minister of the Defense Acquisition Program Administration may undergo deliberation by the Deliberative Committee on Defense Acquisition Program Acquisition Program Administration, taking into consideration the type of restricted acts, whether such restricted acts are intentionally or negligently committed, the degree of damage to the State, etc. |
(2) | The Minister of National Defense or the Minister of the Defense Acquisition Program Administration shall also prohibit another enterprise or research institute, the representative or executive officer of which is a representative or executive officer of an enterprise or research institute subject to restrictions on qualification for participation in tendering pursuant to paragraph (1), from participating in tendering. |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for detailed criteria for restrictions on qualification for participation in tendering shall be prescribed by Ministerial Decree of National Defense. |
[This Article Wholly Amended on Apr. 30, 2024]
Article 70-2 (Legal Fiction as Public Officials) |
“Members of the Committee prescribed by Presidential Decree” in Article 60 (1) 3 of the Act means the members of the Defense Acquisition Program Contract Deliberation Committee and the members of the Working Committee on Defense Acquisition Program Contracts. [This Article Added on Apr. 30, 2024]
Article 71 (Entrustment of Duties) |
(1) | The Minister of the Defense Acquisition Program Administration shall entrust the following duties to the President of the Agency for Defense Development pursuant to Article 61 (2) of the Act: <Amended on Jul. 1, 2009; Dec. 17, 2013; Mar. 31, 2020; Mar. 30, 2021; Feb. 11, 2022> |
1. | Contracting and managing projects determined by the Minister of the Defense Acquisition Program Administration to improve the performance of weapons systems among the duties of improving performance pursuant to Article 22 (1) of the Act; |
1-2. | Deleted; <Mar. 30, 2021> |
2. | Deleted; <Mar. 30, 2021> |
3. | Safety inspections on manufacturing facilities and storage facilities of military firearms, etc. prescribed in the latter part of Article 66 (3); |
4. | Safety inspections of persons who have obtained permission to use manufacturing facilities of military firearms, etc. and persons who have obtained permission for the storage of military firearms, etc. pursuant to Article 66-2 (4). |
(2) | The Minister of the Defense Acquisition Program Administration shall entrust the following duties to the President of the Defense Agency for Technology and Quality pursuant to Article 61 (2) of the Act: <Amended on Jul. 1, 2009; Nov. 4, 2014; Mar. 31, 2016; Jul. 19, 2016; Jun. 20, 2017; Sep. 22, 2017; May 28, 2018; Mar. 31, 2020; Mar. 30, 2021; May 11, 2021; Feb. 11, 2022; Aug. 16, 2023> |
1. | Contracting and managing projects determined by the Minister of the Defense Acquisition Program Administration to improve the quality of weapons systems among the duties of improving performance under Article 22 (1) of the Act; |
2. | Following duties among the duties regarding configuration management prescribed in Article 26 (3) of the Act and Article 32 (1) of this Decree: |
(a) | Technical assistance related to configuration management, including research and development, and an inspection on completed parts in the mass production and operation and maintenance phase of ship weapons systems, such as battleships; |
(b) | Verifying, coordinating, and controlling the details of configuration regarding design errors, corrections, etc. which do not have an influence on the required operational capability of munitions, the schedule of and expenses incurred in enhancing military strength, etc. in the mass production and operation and maintenance phase among duties regarding the verification, coordination, and control of the details of configuration prescribed in Article 32 (1) 3; |
3. | Following duties among the duties regarding quality assurance prescribed in Article 28 of the Act: |
(a) | Quality assurance, including research and development, and an inspection on completed parts in the mass production and operation and maintenance phase of ship weapons systems, such as battleship; |
(b) | Quality assurance, such as the issuance of inspection records on weapons systems in which expeditious requirements are determined pursuant to Article 15-2 (1) of the Act or weapon systems which have undergone a pilot project pursuant to Article 17-2 (1) of the Act; |
(c) | Quality assurance, such as the issuance of inspection records on weapon systems in the phase of mass production and maintenance and force support systems designated by the Minister of the Defense Acquisition Program Administration; |
(d) | Technical support for quality assurance of research and development projects for weapons systems (excluding ship weapons systems prescribed in subparagraph 4 of Article 2); |
(e) | Technology support for quality assurance of offshore purchase projects; |
(f) | Conclusion of international quality assurance agreements with foreign governments to promote international cooperation on quality assurance; |
(g) | Management for preventing counterfeit parts in the process of quality assurance, and investigation, analysis, and information management on counterfeit parts; |
4. | Receipt, examination, renewal and examination of the post management of an application for certification of the quality management system prescribed in Article 29-2 of the Act; |
5. | Deleted; <Feb. 2, 2021> |
6. | Supervising the transportation and disuse of military firearms, etc. prescribed in Article 53 (1) of the Act; |
7. | Deleted; <Feb. 2, 2021> |
8. | Verifying types and quantities and inspecting standards and quality of the raw materials to be reserved under Article 67. |
[Title Amended on Feb. 11, 2022]
Article 71-2 (Management of Sensitive Information and Personally Identifiable Information) |
(1) | Where it is inevitable for performance of the following affairs, the Minister of the Defense Acquisition Program Administration may process information constituting a criminal history record under subparagraph 2 of Article 18 of the Personal Information Protection Act, and resident registration numbers under subparagraph 1 or alien registration numbers under subparagraph 4 of Article 19 of that Decree: <Amended on Mar. 31, 2020> |
1. | Affairs concerning the registration of munitions sales agencies referred to in Article 57-2 of the Act; |
2. | Cancellation of the registration of munitions sales agencies under Article 57-3 of the Act. |
[This Article Added on Dec. 3, 2019]
Article 72 (Criteria for Imposing Administrative Fines) |
The criteria for the imposition of administrative fines under Article 64 (1) of the Act shall be as prescribed in Appendix 2. [This Article Added on Jun. 20, 2017]
ADDENDA <Presidential Decree No. 19321, Feb. 8, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Repeal of Other Statutes or Regulations) (2) | The Regulations of National Defense Investment Project Promotion Committee shall be repealed. |
Article 3 (Transitional Measures concerning Specialized Enterprises and Systematized Enterprises)
제33조
및 제43조중 "방위산업에관한특별조치법"을 각각 "「방위사업법」으로 한다.
⑧부품ㆍ소재전문기업 | 등의 육성에 관한 특별조치법 시행령 일부를 다음과 같이 개정한다. |
별표 2 제4호를 삭제한다.
⑨산업발전법시행령 | 일부를 다음과 같이 개정한다. |
별표 2 제7호를 삭제한다.
⑩수질환경보전법시행령 | 일부를 다음과 같이 개정한다. |
제30조제1호중 "방위산업에관한특별조치법 제4조"를 "「방위사업법」 제3조제9호"로 한다.
⑪외국인투자촉진법시행령 | 일부를 다음과 같이 개정한다. |
제7조제2항중 "방위산업에관한특별조치법 제2조제3호"를 "「방위사업법」 제3조제9호"로 한다.
제31조제1항제3호중 "방위산업에관한특별조치법 제4조제2항제1호ㆍ제2호ㆍ제4호ㆍ제6호ㆍ제7호 및 제10호"를 "「방위사업법」 제35조제2항제1호ㆍ제2호ㆍ제4호ㆍ제6호ㆍ제7호 및 제10호"로 한다.
⑫조세특례제한법 | 시행령 일부를 다음과 같이 개정한다. |
별표 4중 "방위산업에관한특별조치법"을 "「방위사업법」"으로 한다.
⑬제대군인지원에관한법률시행령 | 일부를 다음과 같이 개정한다. |
제10조제2호중 "방위산업에관한특별조치법 제2조제3호"를 "「방위사업법」 제3조제9호"로 한다.
⑭지방세법 | 시행령 일부를 다음과 같이 개정한다. |
제132조제4항제22호중 "「방위산업에 관한 특별조치법」 제14조"를 "「방위사업법」 제53조"로 한다.
⑮항공우주산업개발촉진법시행령 | 일부를 다음과 같이 개정한다. |
제4조중 "방위산업에관한특별조치법 제4조제1항"을 "「방위사업법」 제35조제1항"으로 한다.
Article 5 (Relationship to Other Statutes or Regulations)
Where the provisions of the previous Enforcement Decree of the Act on Special Measures for Defense Industry are cited in other statutes or regulations as at the time this Decree enters into force and provisions corresponding thereto exist in this Decree, this Decree or the relevant provisions of this Decree shall be deemed to have been cited in place of the previous provisions.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20120, Jun. 28, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20675, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 11, 2008; Articles 24 through 26 on January 1, 2010; Article 29 on July 1, 2009; and Article 48 on January 1, 2013, respectively. Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Actions against Public Officials)
(1) | The Central Disciplinary Committee 1 and Central Disciplinary Committee 2 established under the previous provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee established under this Decree. |
(2) | A request for disciplinary decision received by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 under the previous provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed to have been received by the Central Disciplinary Committee established under this Decree. |
(3) | A determination by the Central Disciplinary Committee 1 or Central Disciplinary Committee 2 established under the previous provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed a determination by the Central Disciplinary Committee established under this Decree. |
(4) | Any member of the Central Disciplinary Committee 2 established under the previous provisions of the Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force shall be deemed appointed or commissioned as a member of the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures concerning Amendment of the Enforcement Decree of the Framework Act on Logistics Policies) Any measure taken by the Minister of Land, Transport and Maritime Affairs under the previous provisions of the Enforcement Decree of the Framework Act on Logistics Policies after deliberation and resolution by the Committee for Qualification Examination for Logistics Administrators as at the time this Decree enters into force shall be deemed taken by the Minister of Land, Transport and Maritime Affairs under this Decree.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 21255, Jan. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21351, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 21596, Jul. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 2, 2009: Provided, That the amended provisions of Article 66 shall enter into force on January 1, 2010. Article 2 (Transitional Measures concerning Recommendation of Loaning)
Any enterprise which has obtained a recommendation of loaning from the Minister of Knowledge Economy pursuant to the previous provisions as at the time this Decree enters into force shall be deemed to have obtained a recommendation of loaning from the Minister of the Defense Acquisition Program Administration pursuant to the amended provisions of Article 51 (2). Article 3 (Transitional Measures concerning Permission of Military Firearms)
Any person who has obtained permission for manufacture, export, import, transfer, takeover, possession, storage, transport, and disuse of military firearms, etc. pursuant to the previous provisions as at the time the amended provisions of Article 66 enter into force under the proviso of Article 1 of the Addenda shall be deemed to have obtained permission pursuant to the amended provisions of Article 66.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
ADDENDA <Presidential Decree No. 22328, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22413, Oct. 1, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2010.
Article 2 (Applicability to Reappointment of Members)
The amended provisions of Article 13 (2) shall apply beginning with the first member appointed after this Decree enters into force. Article 3 (Applicability to Restrictions on Qualifications for Participation in Tender of Unjust Business Operators)
The amended provisions of Article 70 (1) 3 and 4 shall apply beginning with cases where such a reason for restriction arises after this Decree enters into force.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 22510, Dec. 7, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23036, Jul. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24413, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25003, Dec. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Approval for Contracts Where Performance Is Complete)
The amended provisions of Article 61 (2) shall apply also to cases where a contract has been concluded before this Decree enters into force, but the period of contract will expire after this Decree enters into force. Article 3 (Transitional Measures concerning Conclusive Incentive Contracts and Cost Settlement Incentive Contracts)
Conclusive incentive contracts and cost settlement incentive contracts that have been concluded under the previous provisions of Article 61 (1) 4 and 7 before this Decree enters into force, but will expire after this Decree enters into force shall be deemed cost reduction incentive contracts under the amended provisions of Article 61 (1) 4.
ADDENDA <Presidential Decree No. 25685, Nov. 4, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 10, 2014.
Article 2 (Transitional Measures concerning Decisions on Requirements)
A written proposal of capabilities submitted to the Chairman of the Joint Chiefs of Staff by the agencies proposing capabilities pursuant to the previous provisions as at the time this Act enters into force shall be deemed a written proposal of requirements referred to in the amended provisions of Article 22 (1); a written proposal of requirements prepared by the Chairman of the Joint Chiefs of Staff shall be deemed a requirement proposal referred to in the amended provisions of Article 22 (2).
ADDENDA <Presidential Decree No. 26195, Apr. 14, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Free Contracts)
The amended provisions of Article 61 (3) 7 shall begin to apply from the contract concluded after this Decree enters into force, as a research task submitted after January 1, 2015.
ADDENDUM <Presidential Decree No. 26538, Sep. 22, 2015>
This Decree shall enter into force on September 28, 2015.
ADDENDUM <Presidential Decree No. 26997, Feb. 29, 2016>
This Decree shall enter into force on March 2, 2016.
ADDENDA <Presidential Decree No. 27079, Mar. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Limits of Imposition of Liquidated Damages)
The amended provisions of Article 61 (4) shall apply beginning with a contract in which liquidated damages are caused because the contract period expires after this Decree enters into force. Article 3 (Transitional Measures concerning Restrictions on Qualification for Participation in Bidding)
Where the representative or an executive officer of an enterprise or a research institute falls under any subparagraph of Article 70 (1) because he or she violates a pledge of integrity before this Decree enters into force, notwithstanding the amended provisions of the main clause of Article 70 (1), the previous provisions thereof shall apply to such cases.
ADDENDA <Presidential Decree No. 27344, Jul. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 20, 2016.
Article 2 (Applicability to Presentation of Pledge of Integrity)
The amended provisions of Article 4 (4) and (5) shall begin to apply from the first defense acquisition program for which a call for tenders is public announced after this Decree enters into force.
ADDENDUM <Presidential Decree No. 27618, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 28117, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 21, 2017.
Article 2 (Transitional Measures concerning Additional Charges)
The imposition of fraudulent gains and additional charges on profiteering before this Decree enters into force shall not be included in the number of times of profiteering under Article 69 and the amended provisions of Appendix 1.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of Addenda, amendments to Presidential Decrees which were promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the date when the relevant Presidential Decree enters into force, respectively.
ADDENDUM <Presidential Decree No. 28339, Sep. 22, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
ADDENDUM <Presidential Decree No. 28904, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDA <Presidential Decree No. 29257, Oct. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Limits of Imposition of Liquidated Damages)
The amended provisions of Article 61 (4) shall apply beginning with a contract in which liquidated damages are caused because the contract period expires after this Decree enters into force.
ADDENDA <Presidential Decree No. 29496, Jan. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Types, Terms, and Methods of Contracts)
(1) | The amended provisions of Article 61 (3) 1 shall apply beginning with cases where a free contract is concluded after this Decree enters into force. |
ADDENDA <Presidential Decree No. No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30090, Sep. 24, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30225, Dec. 3, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 68-5 (6) shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 30554, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 66-3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Exemption from Export Permission)
The amended provisions of Article 68 (7) 4 and 5 shall also apply to defense materials exported with permission from the Minister of the Defense Acquisition Program Administration under the main clause of Article 57 (2) of the Act before this Decree enters into force.
ADDENDA <Presidential Decree No. 30814, Jul. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2020.
Article 2 (Transitional Measures concerning Methods of Procuring Munitions)
Notwithstanding the amended provisions of Article 29 (4), the previous provisions shall apply to the methods of procuring munitions and the like, the contract for which has already been concluded or a notice of tender has been published, as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 31297, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
ADDENDA <Presidential Decree No. 31424, Feb. 2, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2021.
ADDENDA <Presidential Decree No. 31557, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021.
제61조의3
을 삭제한다.
제64조의2제1항 중 "법 제18조"를 "「국방과학기술혁신 촉진법」 제8조"로 한다.
제68조제6항제7호 중 "제36조제3항"을 "「국방과학기술혁신 촉진법 시행령」 제16조제4항"으로 한다.
제71조제1항제1호ㆍ제1호의2ㆍ제2호 및 같은 조 제2항제1호를 각각 삭제한다.
ADDENDA <Presidential Decree No. 31674, May 11, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of Article 66 (1), with the exception of its paragraphs, shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Exceptions to Permission for Transfer or Acquisition of Military Firearms)
The amended provisions of Article 66 (1) 6 (c) shall apply beginning with a person who obtains permission to import military firearms, etc. pursuant to subparagraph 5 of the same paragraph after this Decree enters into force.
ADDENDUM <Presidential Decree No. 32408, Feb. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 29 (6) shall enter into force on July 1, 2022. Article 2 (Applicability to Matters to Be Included in Written Proposals of Requirements)
The amended provisions of Article 22 (1) 3 shall begin to apply where written proposals of requirements are submitted on or after the date this Decree enters into force. Article 3 (Transitional Measures concerning Duties of Quality Assurance of Munitions Procured by Entrustment to Administrator of the Public Procurement Service)
Notwithstanding the amended provisions of Article 29 (6), the Minister of the Defense Acquisition Program Administration shall perform the duties of the quality assurance of munitions for which a contract has been concluded or a notice of tender has been published before the enforcement date prescribed in the proviso of Article 1 of the Addenda, pursuant to the previous provisions.
ADDENDUM <Presidential Decree No. 32616, May 3, 2022>
This Decree shall enter into force on May 4, 2022.
ADDENDUM <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32934, Oct. 4, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33642, Jul. 25, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33666, Aug. 16, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force on August 17, 2023: Provided, That the amended provisions of Article 37 (1) shall enter into force on September 21, 2023. Article 2 (Applicability to Implementation of Testing and Evaluation for Purchase of Weapons Systems)
The amended provisions of Article 27 (8) shall begin to apply to cases where the tender notice is given after this Decree enters into force.
ADDENDA <Presidential Decree No. 34369, Mar. 29, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on May. 27, 2024.
ADDENDA <Presidential Decree No. 34459, Apr. 30, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on May. 1, 2024: Provided, That the amended provision of each subparagraph of Article 15 (1) shall enter into force on May 27, 2024.