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[기타] ENFORCEMENT DECREE OF THE ELECTRONIC PROCUREMENT UTILIZATION AND PROMOTION ACT

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PROCUREMENT (IP: 183.104.207.**)   2018.11.08 14:23:01
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(2) A person who intends to file for registration as a user or an electronic procurement user who intends to modify his/her registration as a user under Article 17 of the Act shall apply for the user registration or for the modification of such registration through the Electronic Procurement System with an authorized certificate issued by the licensed certification authority under Article 15 of the Digital Signature Act.

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), matters necessary for user registration in the Electronic Procurement System and the modification of such registration shall be determined and publicly notified by the Administrator of the Public Procurement Service.
 

Article 12 (Scope, etc. of Trade Secret)(1) The scope of trade secret under Article 18 (1) of the Act is as follows: Provided, That matters publicly known or matters published with the consent of the relevant electronic procurement user shall be excluded herefrom:

1. Matters with which the name, trade name, address, etc. of an individual user not involved in a transaction made on the Electronic Procurement System can be identified;

2. Matters concerning the price and quantities of the goods or services supplied by an individual user not involved in a transaction made on the Electronic Procurement System;

3. Matters concerning the manufacturing costs;

4. Other matters that constitute a production method or sales method, or information on technology or business management useful for business activities, kept confidential by exerting considerable efforts, and the disclosure of which is likely to give rise to a loss to the relevant electronic procurement user or cause an impediment to his/her business.

(2) The measures to protect trade secrets referred to in Article 18 (4) of the Act are as follows:

1. Formulation and enforcement of regulations on the management of trade secrets;

2. Indication of trade secrets;

3. Education of workers.
 

Article 13 (Criteria, etc. for Designation of Electronic Procurement Support Centers)(1) The criteria for designating an electronic procurement support center under Article 23 (1) of the Act (hereinafter referred to as "support center") are as follows:

1. It shall be a nonprofit corporation that has definite business objectives and practicable implementation plans;

2. Its financing plan shall be reasonable;

3. It shall have assets, experts, records of performance, etc. necessary for performing the activities specified in Article 23 (2) of the Act, which meet or exceed the standards determined by the Administrator of the Public Procurement Service.

(2) A person who wishes to be designated as a support center shall file an application for designation with the Administrator of the Public Procurement Service in the form prescribed by Ordinance of the Ministry of Strategy and Finance. The same procedure shall also apply where a person intends to modify any of the facts relevant to the designation.

(3) Upon receipt of an application for designation under paragraph (2), the Administrator of the Public Procurement Service shall designate a person who meets the designation criteria specified in paragraph (1) as a support center and shall issue a written designation to the relevant applicant in the form prescribed by Ordinance of the Ministry of Strategy and Finance.

(4) The Administrator of the Public Procurement Service may provide a support center with subsidies to cover all or part of the expenses incurred in its performance of the activities specified in Article 23 (2) of the Act, within budgetary limits.

(5) A support center that has been provided with subsidies to cover expenses under paragraph (4) shall submit reports on the performance of services and the execution of budget for the pertinent year and a business plan for the next year to the Administrator of the Public Procurement Service, within two months after the end of its business operations for the pertinent year.
 

Article 14 (Usage Fees for Electronic Procurement System)(1) A usage fee for the Electronic Procurement System under Article 25 (1) of the Act shall be determined and publicly notified by the Administrator of the Public Procurement Service in consultation with the Minister of Strategy and Finance, within the actual cost incurred in the operation of the Electronic Procurement System.

(2) The amount of a late payment charge under Article 25 (2) of the Act shall be prescribed by Ordinance of the Ministry of Strategy and Finance in an amount not exceeding 10/1,000 of the usage fee.

(3) The usage fee and late payment charge under paragraphs (1) and (2) shall be paid in cash: Provided, That the Administrator of the Public Procurement Service may allow the payment by means of electronic cash, electronic settlement, etc. through an electronic communications network.

(4) The usage fee and late payment charge collected from a person falling within any subparagraph of Article 25 (1) of the Act shall be regarded as revenue in the special account for procurement under subparagraph 4 of Article 3 of the Government Enterprise Budget Act.
 

Article 15 (Scope, etc. of Persons Eligible for Monetary Awards)(1) To be eligible for monetary awards under Article 26 (1) of the Act, a person shall be a reporting person (as defined under the aforesaid paragraph) who meets each of the following requirements:

1. The person shall have made a report or given information to an investigation agency or an authority involved in audits or fair trade investigations, and shall have provided relevant materials before such agency or authority becomes aware of the relevant facts;

2. The report or information shall not have been made or provided by a person who works for an investigative agency or who is or was engaged in audits or fair trade investigations, in connection with his/her duties;

3. The person shall not be a party to or a stake-holder in an unlawful electronic procurement act as defined under Article 20 of the Act.

(2) The amount of monetary awards payable under Article 26 (1) of the Act shall be determined by the Administrator of the Public Procurement Service within 20 million won, taking into account the scale of the relevant unlawful electronic procurement act, potential impact on electronic procurement services, budget, etc.

(3) Pursuant to Article 26 (1) of the Act, a person who intends to make a report or provide information on a fraudulent electronic procurement act under Article 20 of the Act and submit evidentiary materials shall submit the report or written information on the fraudulent act to the Administrator of the Public Procurement Service in the form determined and publicly notified by the Administrator of the Public Procurement Service, along with personal information, evidentiary materials, etc.

(4) Upon receipt of a report or information under paragraph (3), the Administrator of the Public Procurement Service shall investigate into facts relevant to the fraudulent electronic procurement conduct under Article 20 of the Act and shall notify the person who made the report or provided information and submitted evidentiary materials of the results of the investigation.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the amount of monetary awards payable for each type of act, period for the payment of monetary awards, etc. shall be determined and publicly notified by the Administrator of the Public Procurement Service.
 

Article 16 (Preservation of Records of Electronic Procurement)

The Administrator of the Public Procurement Service shall preserve electronic records processed by the Electronic Procurement System for five years.
 

Article 17 Deleted.  <by Presidential Decree No. 27513, Sep. 27, 2016>
 

   

부칙  ADDENDUM <Presidential Decree No. 27513,  Sep. 27,  2016>

This Decree shall enter into force on the date of its promulgation.
 

 

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