Act on Contracts to Which the State Is a Party

By KOREAN LAW CENTER

For foreign companies or individuals who want to trade with Korea
In order to help you, we introduce our law to help you
We want to help you minimize trial and error.
In addition We want to help people who study the legal systems of countries around the world.

(PS) We plan to upload the enforcement ordinance of the relevant law as soon as possible. thank you.

• Language: English
• Publisher: KOREAN LAW CENTER
• Release date: Sep 5, 2022
• ISBN: 9788967843724

Book preview

Article 1 (Purpose)

T

he purpose of this Act is to promote smooth administration of contracts by prescribing basic matters regarding contracts to which the State is a party.

[This Article Wholly Amended by Act No. 11547, Dec. 18, 2012]

Article 2 (Scope of Application)

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his Act shall apply to contracts to which the State is a party, including government procurement contracts awarded through international tendering procedures and contracts to which a national of the Republic of Korea is the counterparty (including contracts that become sources of revenue).

[This Article Wholly Amended by Act No. 11547, Dec. 18, 2012]

Article 3 (Relationship to Other Acts)

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xcept as otherwise provided in any other Act, contracts to which the State is a party shall be governed by the provisions of this Act.

[This Article Wholly Amended by Act No. 11547, Dec. 18, 2012]

Article 4 (Scope of Government Procurement Contracts Made through International Tendering Procedures)

(1) The scope of government procurement contracts awarded through international tendering procedures shall cover contracts awarded by a government agency for goods, construction works, or services in the amount not less than that determined and publicly notified by the Minister of Economy and Finance pursuant to the Agreement on Government Procurement and international norms based on the aforementioned Agreement: Provided, That the following cases shall be excluded from transactions subject to a government procurement contract awarded through international tendering procedures:

1. Where goods or services necessary for manufacturing for the purpose of resale or sale are procured;

2. Where products from a small or medium enterprise are manufactured and purchased pursuant to the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets;

3. Where agricultural, fishery, or livestock products are purchased pursuant to the Grain Management Act, the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, or the Livestock Industry Act;

4. Other cases specified by Presidential Decree in conformity with the provisions of the Agreement on Government Procurement.

(2) The scope of government agencies and goods, construction works, and services referred to in the main clause, with the exception of the subparagraphs, of