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Purchase - Attachment 2. Practices Regarding The Desirable Issuance and Preservation of Written Documents in Subcontracting Transactions - To PDF 2
Purchase - Attachment 2. Practices Regarding The Desirable Issuance and Preservation of Written Documents in Subcontracting Transactions - To PDF 2
subcontracting transactions
Practice
I. purpose
These guidelines govern the issuance and preservation of documents in the
process of concluding subcontracts and transactions.
In this regard, it specifically presents the matters that the principal
contractor should comply with or strive for.
By doing so, the principal contractor and the subcontractor are clearly
aware of the matters concerning the issuance of documents under the 「Act on
Fair Subcontract Transactions」 (hereinafter referred to as the
‘Subcontracting Act’).
While ensuring smooth exercise of rights and fulfillment of obligations,
subcontracting
Fairness for the spread of a desirable written culture and substantial
settlement in the transaction process
Advanced written issuance practices by presenting policies to be operated
by the Trade Commission
Its purpose is to promote fair subcontracting and establish a fair order in
subcontracting.
ㅇ If the principal contractor wants to reduce the amount, use the standard
form in Annex 4.
※ Attachment 3: Standard form for written subcontract payment reduction
ㅇ Documents can be issued by providing electronic records as follows: - It
is transmitted through the telecommunication line and stored in the
electronic recording device used by the subcontractor.
How to record in the provided file (e.g. e-mail) - Provide the information
to the subcontractor for viewing through the telecommunication line and the
subcontractor business
Method of recording in a file provided in the electronic recording device
used by the user (e.g., web) - Method of issuing electronic records such as
floppy disks and CD-ROMs to the subcontractor, etc.
mind. exception
ㅇ In the document requesting the provision of technical data, the name and
scope of the technical data, and the request
Purpose and Confidentiality*
, right ownership relationship*
, the cost of technical data, the date of request, the date of delivery,
the method of delivery, and other requests to provide technical data of the
principal contractor are justified.
Substantial evidence must be included. * Matters concerning
confidentiality: which part of the technical data will be kept secret
If there is a memorandum of confidentiality signed with each other, attach
it.
* Relation of ownership of rights: Owner of the current rights of the
technical data requested by the original contractor, trade name
Whether a technology transfer contract has been concluded between the two
companies, and the technology jointly developed by the requested technology
Whether or not it is recognized, matters mutually agreed upon regarding
ownership of rights after technical data is provided, etc.
mind. Exception
ㅇ After receiving the subject matter, etc. from the subcontractor, the
Contractor
Inspections necessary to determine the scope of completion and payment
obligations
After proceeding, the result must be notified to the subcontractor in
writing.
ㅇ In principle, from the date the principal contractor receives the subject
matter, etc. from the subcontractor
Inspection results must be issued in writing within 10 days. - Here, the
date of receipt of the subject matter, etc. is the date of completion in
the case of consignment of manufacturing and repair.
Including the day on which the notice was received, and in the case of
construction consignment, the subcontractor
It means the date on which notification of the completion or completion of
the construction is received from
ㅇ Within 10 days from the date the Contractor received the subject matter,
etc. without any justifiable reason.
If the inspection result is not issued in writing to the subcontractor
within
considered to have passed
ㅇ Documents that must be preserved are documents that have been issued,
issued, or used for other purposes.
It must be preserved in its original state at the time. with information
processing capabilities such as computers
The same shall apply to creation, transmission, reception, or storage in
electronic form by means of a device.
ㅇ Contractor and subcontractor: 3 years from the date the subcontracting
transaction between the parties is completed
The above documents must be preserved. Here, the day the subcontracting
transaction ended
Ham means the following date
1. Orders to complete training for business operators who have not issued
or preserved written documents
ㅇ The Fair Trade Commission has determined that the principal contractor is
not obliged to issue or preserve written documents under the Subcontracting
Act.
If corrective measures are ordered in violation of the ‘Act on Fair
Subcontracting Transactions’
In accordance with the ‘Guidelines for Completion of Training for
Violators’
An order to complete training for compliance with subcontracting laws,
including subcontracting, can be added.
4. For business operators who have been found to be habitually not issuing
(or not preserving) documents for a long period of time
On-site investigation of
ㅇ The Fair Trade Commission conducts a written fact-finding investigation
in accordance with Article 22-2 of the Subcontracting Act
Result For business operators who have been found to be habitually not
issuing documents for a long period of time,
Conduct on-site investigation
VI. Criteria for deciding whether to adopt and operate action items
ㅇ Judgment on whether or not to introduce and operate practices of the
principal business operator continues for the preceding one year
When all of the following subparagraphs are satisfied, it is deemed to have
been introduced and operated. 1. Reflect the contents of the action in
subcontracting related regulations (company regulations, work guidelines)
will be
2. When issuing documents such as contracts to subcontractors, standard
form (or equivalent thereto)
written form)
3. A written management ledger to be issued or preserved to the
subcontractor
will be using
[Appendix 1]
[Appendix 2]
[Appendix 3]
[Appendix 4]
Upon request for technical data from the principal contractor and
subcontractor
After confirming that the above matters have been determined through
mutual consultation, and issuing this document with the above
The Contractor requests △△△ technical data from the subcontractor.