Sustainability

Management for
Shared Growth

Hanwha e-ssential regards its partners as family members and companions.

Shared Growth

Hanwha e-ssential

is committed to the shared growth of all our partners. Since 2009, we have been signing special mutual growth contracts with all our long-term partners. Internally, we have also created a special mutual growth committee to promote this principle through a variety of support programs that help our partners thrive. For example, we provide various funding support programs to help them with financial stability. We also help companies optimize their systems with technological and workplace safety support. We regularly share management knowledge that helps them improve their operations and product quality.

Promotion Committee

We work on exchanges and support for technology, quality, finance, education, training, and management in general that are related to mutual growth.
Chairman
Management Planning Department Head
Management Planning Team Leader, Management Support Team Leader
  • Legal/Compliance
    • Management Planning Team
  • Financial Support
    • Management Planning Team
      (Accounting/Finance)
  • Purchasing Support
    • Management Support Team
      (Purchasing)
  • Technical Support
    • Sejong Operation Team
  • Education/Training Support
    • Management Support Team
      (HR)

4 principles for shared growth

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Signing contracts with subcontractors

Ⅰ. Purpose
The purpose of these guidelines is to enable small and medium-sized enterprises (SMEs) with limited bargaining power to fairly reflect their interests in contract negotiations with large enterprises, and to prevent the abuse of superior bargaining power by large enterprises that hinders the principle of contractual freedom. By presenting the compliance requirements for contract agreements between large and SMEs or among SMEs, the aim is to establish a rational and fair trading practice while minimizing government intervention.
Ⅱ. Structure of the Guidelines
These guidelines consist of the "Contracting Infrastructure" that large enterprises should establish prior to contract agreements, the desirable elements that contracting parties should include ensuring the right to self-determination, and the requirements for faithful contract performance as outlined in "Contractual Compliance According to Contract Documents and Relevant Laws."
Ⅲ. Establishment of Contracting Infrastructure
  1. 1. Establishment of Criteria for Contracting Methods
    1. a. Large enterprises should consider their position in transactions and their influence in the market to select a contracting method based on certain criteria. Examples of contracting methods include :
      ※ Examples of Contracting Methods
      1. ① Individual Contract: A contract formed by selecting a suitable counterparty without using methods such as bidding.
      2. ② Open Competitive Contract: A contract formed by allowing free competition among participants without restricting their qualifications and determining the successful bidder.
      3. ③ Limited Competitive Contract: A contract formed by restricting the qualifications of participants in bidding and determining the successful bidder.
      4. ④ Designated Competitive Contract: A contract formed by specifying participants in bidding, conducting competition among them, and determining the successful bidder.
    2. b. Large enterprises should establish internal criteria considering factors such as the importance of the goods, the number of potential trading partners, trading experience, and standards relative to the total transaction amount
  2. 2. Operation of Proposal System for Prospective Partner Companies

    Large corporations operate on-site briefings or online proposal forums, allowing prospective new businesses who wish to transact with them to directly propose their offerings.

  3. 3. Building PRM (Partner Relationship Management)
    1. a. Large corporations build a PRM, which is not a closed partner management system but an open one, including transactions with new businesses. Through this system, they foster mutual growth between large and small businesses
      ※ PRM (Partner Relationship Management) or SRM (Supplier Relationship Management) refers to a management system where large corporations aim to achieve mutual development in a practical way by sharing various information needed for transactions with their partner companies, thereby ensuring transaction transparency and stability, and providing information necessary for the business activities of partner companies.
    2. b. They provide a dedicated online space for partner companies or arrange regular meetings, supporting information sharing and collaboration among the companies.
  4. 4. Operation of Small and Medium Enterprise (SME) Support Organization

    They operate a dedicated support organization responsible for technical support, financial support, education, and managing the proposal system for partner companies.

Ⅳ. Contract Conclusion with Ensured Self-Determination
  1. 1. The parties to the transaction must adhere to the following items when concluding a contract.
    1. a. Prior issuance of a written contract
      1. ㅇ The principle is to sign a contract in advance, but at the very least, a contract with a signature and a date should be signed before starting work for delivery (or 'handover' in the case of construction, and so forth).
      2. ㅇ The contract must include the content of the subcontracting contract, such as subcontracting payment and its payment method, conditions for adjusting subcontracting payment according to raw material price changes, methods, and procedures, etc., as stipulated in the enforcement ordinance. (Newly established, August 3, 2010)
      3. ㅇ In case of frequent transactions, a basic contract must be issued first, and after a certain period, a statement of settlement for the transactions during that period must be provided.
      4. ㅇ In cases where volume changes are clearly expected due to minor and frequent additional work, a settlement agreement must be issued immediately after the completion of delivery, etc.
      5. ㅇ If additional requests are made in a significantly shorter period than the usual allowable period, the major contents should be agreed upon in writing in advance.
    2. b. Price Determination based on a Reasonable Calculation Method
      1. ㅇ The unit price of the parts should be determined through negotiation based on a reasonable calculation method, taking into account quantity, quality, specifications, delivery, payment method, material price, labor cost, or market trends, and adding appropriate management fees and profits.
      2. ㅇ If a reason for changing the initial unit price arises during the contract period, one can apply for a unit price adjustment to the other party. In this case, it should be renegotiated and determined within 30 days (extendable by 30 days) from the date of application.
      3. ㅇ If the unit price determination is delayed due to special circumstances, a temporary unit price agreed upon should be applied. In this case, the difference between the temporary unit price and the final unit price should be retrospectively settled when determining the final unit price.
      4. ㅇ Regular surveys should be conducted on the ratio that serves as the basis in cost calculation to provide a realistic unit price. The rate should be determined according to company characteristics such as working conditions, the size of the trading company, technical level, etc., considering labor costs in the same industry.
      5. ㅇ When the initially determined unit price changes, the contract should specify the standards and procedures for negotiation between the parties.
      6. ㅇ Specific contents such as the reasons for unit price change (inflation, raw material prices, exchange rate changes, etc.), negotiation period, and payment conditions should be indicated.
    3. c. Clear Delivery Time
      1. ㅇ Large corporations should determine the appropriate delivery time that conforms to normal practices, considering the characteristics of each industry, through sufficient consultation with small and medium-sized trading companies.
      2. ㅇ The delivery time must be set at the time of contract signing and should be clearly stated if the delivery time is to be changed. If a shorter delivery time than usual is to be set under the pretext of urgent orders, etc., it should be agreed upon through consultation with the trading company.
      3. ㅇ If a trading company suffers damage due to unfair delivery delay or refusal by a large corporation, despite no reason to pass the blame to the trading company, it must compensate for the damage.
    4. d. Objective Inspection Standards
      1. ㅇ When inspecting delivered goods (or 'finished goods' in the case of construction, and so forth), standards and methods for objective, fair, and valid inspections should be determined through consultation with the trading company.
      2. ㅇ Upon delivery, a receipt must be issued immediately, even before inspection. Inspections should be carried out promptly according to pre-determined inspection regulations and procedures.
      3. ㅇ Unless there is a legitimate reason, the results of the inspection should be notified within 10 days from the date of receipt of the goods from the trading company.
      4. ㅇ Parts ordered for inspection, whether before the inspection or during the inspection period, should be managed with the care of a diligent manager.
    5. e. Reasonable Payment Term Determination
      1. ㅇ In the case of entrusting manufacturing and other tasks to trading companies, the payment must be made by the payment date, which is determined to be as short as possible within 60 days from the receipt date of the delivered goods (in construction, it refers to the acceptance date; in the case of services, it refers to the day the commissioned service was completed; in the case of frequent deliveries, it refers to the day set by the trading parties for issuing the tax invoice once a month or more, the same applies hereafter).
      2. ㅇ In the case of entrusting manufacturing and other tasks to trading companies, if payment is received from the orderer due to the completion of manufacturing, repair, construction or service, it must be paid within 15 days from the day the payment was received (or on the payment date if it arrives earlier).
      3. ㅇ If an interim payment is received according to the progress of manufacturing, repair, construction, or service, an appropriate amount corresponding to the part that the trading company has manufactured, repaired, constructed or performed the service must be paid within 15 days from the day the payment was received (or on the payment date if it arrives earlier).
      4. ㅇ In paying the payment, it must be paid at a rate above the cash rate received from the orderer related to the entrusted manufacturing, etc.
      5. ㅇ If payment is made by promissory note, the promissory note issued should be within the payment period of the note received from the orderer related to the entrusted manufacturing, etc. (from the issuance date to the due date).
      6. ㅇ If payment is made by promissory note, the note should be discountable at a financial institution established under the law, and the discount fee (discount rate determined and announced by the Fair Trade Commission) for the period from the day the note was issued to the due date of the note must be paid on the day the note is issued.
      7. ㅇ If a promissory note is issued within 60 days from the receipt date of the delivered goods, the discount fee for the period exceeding 60 days from the receipt date of the delivered goods to the due date must be paid within 60 days from the receipt date of the delivered goods.
      8. ㅇ If payment is made using a promissory note alternative payment method, the fee (including loan interest) for the period from the payment date (in the case of a corporate purchase card, the card payment approval date; in the case of accounts receivable collateral loan, the detail transmission date of the delivery, etc.; in the case of a purchase loan, the purchase fund payment date) to the subcontracting payment repayment date must be paid on the payment date.
      9. ㅇ If a promissory note alternative payment method is used for payment within 60 days from the receipt date of the delivered goods, the fee for the period exceeding 60 days from the receipt date of the delivered goods to the subcontracting payment repayment date must be paid to the subcontractor within 60 days from the receipt date of the delivered goods.
      10. ㅇ If payment is made after 60 days from the receipt date of the delivered goods, interest must be paid for the excess period at the rate determined and announced by the Fair Trade Commission.
    6. f. Reasonable return handling for defects found after delivery
      1. ㅇ The cause of the defects, types of defects, and the responsibility ratio accordingly should be determined, and returns should be handled through agreement between the parties.
    7. g. Contract termination
      1. ㅇ The reasons for termination are determined by agreement between the parties, distinguishing between cases where 'immediate termination is possible' and 'a warning is necessary'. In case of a termination event, the party should be notified in writing without delay.
      2. ㅇ Cases where immediate termination is possible include :
        1. - The other party receives a trade suspension order from a financial institution, or a business cancellation or business suspension order from a regulatory authority.
        2. - The other party resolves to dissolve, transfer the business, or merge with another company, or both parties agree that it is difficult to fulfill the basic or individual contracts due to disasters or other reasons.
      3. ㅇ Cases where a warning is necessary are as follows, and in these cases, a warning must be issued to the other party to perform within one month or more, and only when the performance is not carried out within this period can it be terminated.
        1. - The other party violates important parts of the contract or delays the fulfillment of requirements necessary for the production of the ordered part without valid reason, causing operational problems for the business.
        2. - The business refuses or delays the start of production of the ordered part without valid reason, making it difficult to deliver within the due date.
        3. - There are substantial reasons to believe that the business's technical, production, and quality control capabilities are inadequate to properly fulfill the contract.
      4. ※ In addition to complying with the above regulations in concluding a contract, the following should be considered as recommendations when needed :
        1. . Utilize the 'technical data deposit system' to deposit technical data at a third-party institution to protect the original technology of the business.
        2. . To prevent unstable management of the business due to constant orders, provide as much predictable volume as possible per quarter.
  2. 2. The following practices should be avoided in concluding a contract:
    1. a. Not issuing or preserving written documents
      1. ㅇ Not issuing a written document stating the reasons for any details that are difficult to confirm at the time of entrustment without valid reason, and not stating the expected date when such details will be decided.
      2. ㅇ Delaying or failing to issue a new document to the business even after details not included in the issued document have been confirmed.
      3. ㅇ Failing to acknowledge or deny in writing within 15 days upon receiving a request to confirm the contents of the work, subcontracting payment, and the time of the order from the business for orally placed orders.
      4. ㅇ Failing to sign or stamp by the principal business owner (contract manager, company contract responsible person) when acknowledging or denying the content of orally placed orders.
      5. ㅇ Not issuing a specific additional contract or work order when the scope of additional work is clear and the amount is significant.
      6. ㅇ Not issuing a change contract or settlement document when additional or changed construction volumes are proven in the construction process, but there is a dispute over settlement between the parties.
      7. ㅇ Arbitrarily discarding legal documents within 3 years and not preserving them according to the regulations of the principal business.
      8. ㅇ Creating or preserving false documents or documents with false content after the fact, although preserving documents for 3 years from the end of the transaction.
      9. ㅇ Not preserving documents related to subcontracting payment decision such as bid documents, winner decision items, quotations, and for construction entrustment, site description, specifications, etc.
    2. e. Unfair subcontract price determination actions
      1. ㅇ Reducing the unit price and deciding the subcontract price at a uniform rate without a valid reason.
      2. ㅇ Unilaterally assigning a certain amount of money regardless of the nominal reason, such as cooperation requests, and then deciding the subcontract price by deducting that amount.
      3. ㅇ Discriminating against certain subcontractors and determining the price without a valid reason, or unilaterally determining the price at a lower unit price without agreement with the subcontractor.
      4. ㅇ Deceiving subcontractors by creating confusion about order quantities and other transaction conditions, presenting other companies' bids or fake bids, and using this to determine prices.
      5. ㅇ In the case of concluding a contract through a discretionary contract, determining the price lower than the total amount of direct construction cost items without a valid reason.
      6. ㅇ When concluding a contract through competitive bidding, determining the price lower than the amount bid at the lowest price without a valid reason.
      7. ㅇ Reducing the unit price uniformly and determining the price without any objective and valid reason for price reduction, such as decrease in material prices and labor costs.
      8. ㅇ Discriminating against certain subcontractors and determining lower prices, despite there being no difference in payment conditions, transaction quantities, and difficulty of work.
      9. ㅇ Requesting an estimate based on a large order, then actually ordering a small amount and determining the price based on that estimate.
      10. ㅇ Determining the price below the usual payment without negotiating with the subcontractor after ordering manufacturing, etc. without determining the price.
      11. ㅇ Requesting and receiving technical data related to delivery from a subcontractor, providing it to another company, and lowering the price based on the quoted price of another company.
      12. ㅇ Writing a significantly low execution budget compared to the original subcontract price, and lowering the price on the grounds that it needs to be constructed within the same execution budget range.
      13. ㅇ Determining the price considerably lower than the usually paid price for reasons such as exports, discount special sales, gifts, samples, etc.
      14. ㅇ In the case of distribution businesses, forcing suppliers to supply at a significantly lower price than the usual supply price in order to carry out special sales events such as discount special sales and bargain sales.
    3. f. Request for proposal presentation or development request by word of mouth
      1. ㅇ Cancelling the development after the completion of the facility or the preparation of production, or requesting a reduction in the unit price that was proposed verbally.
    4. g. Unfair management interference
      1. ㅇ Actions that interfere with personnel affairs, such as forcing subcontractors to get approval or instructions for the appointment or dismissal of employees, or to hire a specific person against the will of the subcontractor.
      2. ㅇ Actions that limit the contents of the re-subcontract transaction, such as selection and contract conditions, regardless of the purpose of the subcontract transaction such as quality maintenance of the delivered goods and delivery within the deadline, by intervening in the re-subcontract transaction.
      3. ㅇ Actions that mobilize onsite workers to carry out construction work against the will of small and medium enterprises, even though they are normally carrying out the work.
      4. ㅇ Actions that limit subcontractor's product items, facility sizes, etc., or prevent subcontractors from trading with competitors of oneself or one's affiliated companies.
      5. ㅇ Actions that require subcontractors to provide technical data related to supply without a valid reason.
      6. ㅇ Actions that force subcontractors to participate in special sales events such as giveaways, discounted special sales, or force the purchase of goods or gift certificates.
    5. h. Failure to reflect additional construction costs (in case of construction-related contracts)
      1. ㅇ Actions that prevent subcontractors from requesting additional volume settlement to the original contractor when additional volume occurs after the completion of the construction.
      2. ㅇ Actions that burden the subcontractor with the installation and operating costs of the supervisor's office, or prohibit any contract changes due to reasons such as wage increases or price fluctuations after the initial contract.
      3. ㅇ Actions that do not recognize an additional contract for reasons such as construction delays and suspensions due to construction conditions, natural disasters due to weather conditions, and construction suspensions due to rainy seasons, excluding these from the construction period.
    6. i. Failure to adjust the subcontract price due to design changes (established. 2010.8.3)
      1. ㅇ Actions of not paying or paying less than the amount or proportion received from the client for reasons such as design changes or changes in economic conditions.
      2. ㅇ Actions of not increasing or decreasing the contract amount for more than 30 days, or adjusting it after exceeding 30 days, despite having adjusted the contract amount from the client due to reasons such as design changes or changes in economic conditions.
      3. ㅇ Actions of not paying late interest, bill discount fees, and fees for the exceeded period when paying the payment in cash or by using bill or bill substitute payment methods 15 days after receiving the additional amount from the client due to reasons such as design changes or changes in economic conditions.
      4. ㅇ Actions of not notifying the subcontractor of the reason and content of the increase or decrease within 15 days from the day of receiving an increase or decrease in the contract amount from the client due to reasons such as design changes or changes in economic conditions (excluding cases where the client directly notifies).
    7. j. Failure to adjust subcontract prices due to changes in raw material prices (established. 2010.8.3)
      1. Actions of not responding to consultation requests or not proceeding with substantive consultation procedures such as holding meetings, exchanging opinions, and suggesting price adjustment plans after notifying the start of the consultation.
      2. ㅇ Actions of not participating in the consultation by the person in charge with the actual authority to adjust the price, even though 30 days have passed since the consultation request.
      3. ㅇ Actions of repeatedly suggesting a price that the other party cannot accept without objective evidence such as market research and cost calculation for price adjustment.
    8. k. Demand for exclusive transactions
      1. ㅇ Actions that prevent subcontractors from trading with oneself and the companies one designates (excluding cases where exclusive trading is agreed upon with subcontractors on the grounds of joint technology development).
    9. l. Unilateral transfer of complaint handling
      1. ㅇ Actions of deducting related costs from achievements after handling complaints by the original contractor in case of various complaints arising during construction, bearing all economic and administrative responsibilities, and when disputes persist due to unresolved complaints.
    10. m. Unfair special agreement
      1. ㅇ Actions of setting contract conditions that unfairly infringe or restrict the interests of subcontractors.
      2. ㅇ Actions of setting agreements that burden subcontractors with costs arising from requests for matters not specified in the contract.
      3. ㅇ Actions of setting agreements that burden subcontractors with costs related to complaint handling, industrial accidents, etc., which should be borne by the original contractor.
      4. ㅇ Actions of setting agreements that burden subcontractors with costs arising from requests for matters not specified in the bid details.
V. Faithful contract performance according to the contract and related laws
  1. 1. The trading parties should comply with the following matters in contract performance :
    1. a. Compliance with related laws such as the Civil Act
      1. ㅇ They must comply with the principle of good faith, the Subcontract Act, the Fair Trade Act, and other related laws, and resolve disputes based on written materials when they occur.
    2. b. Sufficient prior agreement and issuing documents when lowering the price
      1. ㅇ In the case of price reduction due to reasons such as raw material price drop or volume increase, they must provide a reasonable basis for the price reduction range due to volume increase and resolve it.
    3. c. Payment adjustment due to contract changes
      1. ㅇ In the case of additional costs incurred due to contract changes such as additional specification requests, they must pay and resolve the corresponding payment.
    4. ※ Recommended measures
      1. ㅇ Terminate or cancel contracts according to the terms specified in the contract, and if possible, notify the trading company in writing as early as 2-3 months prior to a trade suspension that does not fall under the reasons for contract termination or cancellation.
  2. 2. Trading parties should avoid the following actions in contract performance :
    1. a. Unfair refusal of receipt
      1. ㅇ Refusing to accept despite difficulty in determining whether the delivery/construction details are different from the consignment contents due to unclear consignment details.
      2. ㅇ Refusing to receive items that have already been consigned for reasons such as the orderer's or foreign importer's or customer's claims, poor sales, etc.
      3. ㅇ Refusing to receive due to delayed delivery despite the impossibility of delivery or construction within the delivery/airtime due to late supply of raw materials or building materials agreed to be supplied.
      4. ㅇ Applying a higher standard than the usual one without setting inspection standards.
      5. ㅇ Refusing to receive by applying a higher standard than the inspection standard set in the original contract, even if the inspection standard is set, but the content is unclear.
      6. ㅇ Refusing to receive without a legitimate reason such as a lack of storage space, even when there has been a request for delivery from the trading company.
      7. ㅇ Arbitrarily refusing to receive items that have already been ordered on the grounds that stable supply is difficult due to the trading company's insolvency.
      8. ㅇ Refusing to receive other items or refusing to receive due to the orderer's order cancellation or order suspension, etc., when entrusting the manufacture of multiple items and refusing to receive some items due to their defects.
    2. b. Unfair return
      1. ㅇ Returning due to order cancellation from the trading counterpart or changes in the economic situation.
      2. ㅇ Returning due to unfair disqualification by setting unclear standards and methods for inspection.
      3. ㅇ Returning despite being judged as a non-conforming product due to the quality defect of the supplied raw material.
      4. ㅇ Returning for reasons such as delayed delivery due to delay in raw material supply.
      5. ㅇ Returning items already received for reasons such as the orderer's or foreign importer's or customer's claims, poor sales, etc.
      6. ㅇ Returning despite having to inspect the third party to whom the trading company has consigned the inspection and delivered it.
      7. ㅇ Returning due to delivery/airtime delay after receipt, even though there was an objective fact that accepted the trading company's delivery/airtime delay.
    3. c. Unfair price reduction behavior
      1. ㅇ Reducing the consignment price without stipulating any conditions for price reduction at the time of consignment, and citing unreasonable reasons such as a request for cooperation after the consignment, cancellation of orders from trading counterparts, or changes in the economic situation.
      2. ㅇ Unilaterally applying the reduction retrospectively to the consigned part before the agreement on price reduction was reached.
      3. ㅇ Excessively reducing the price by paying in cash or before the payment due date.
      4. ㅇ Unilaterally reducing the price due to minor errors by the trading company that do not significantly affect the occurrence of damages.
      5. ㅇ Deducting an amount from the price that exceeds the proper purchase price or usage fee when the trading company makes purchases or uses its equipment for manufacturing, repairing, construction, or service performance.
      6. ㅇ Reducing the price because the price index or material price at the time of payment has fallen compared to the time of delivery.
      7. ㅇ Unfairly reducing the price for unreasonable reasons such as operating losses or a decrease in sales price.
      8. ㅇ Reducing indirect labor costs, general administrative expenses, profits, value-added tax, etc., contrary to the original contract content.
      9. ㅇ Making the trading company bear the cost of employment insurance premiums, industrial safety and health management expenses, and other expenses that the principal business operator should bear under the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, and the Industrial Safety and Health Act.
      10. ㅇ Reducing the price for reasons such as failing to deliver or complete within the set delivery or air time due to delaying the supply of materials and equipment or setting an essentially unreasonable delivery or air time.
      11. ㅇ Reducing the confirmed subcontracting payment for continuous orders, or reducing the price based on specific details of manufacturing or construction after contracting in total.
      12. ㅇ Reducing the price contrary to the initial contract for reasons such as accepting orders for delivered items at a low price.
      13. ㅇ Changing contracts or otherwise reducing the price despite no change in the consignment content and conditions.
      14. ㅇ Transferring the exchange loss to the trading company contrary to the initial contract conditions and reducing the price.
    4. d. Unfair demand for economic benefits
      1. ㅇ Demanding economic benefits such as sponsorship, incentive, and support funds on the condition of trade initiation or large-volume trading.
      2. ㅇ Demanding economic benefits such as sponsorship, incentive, and support funds for unreasonable reasons such as loss or deterioration of business conditions.
      3. ㅇ Demanding economic benefits such as sponsorship, incentive, and support funds, even when the trading company does not have a legal obligation to bear the costs.
    5. e. Transferring costs due to internal causes
      1. ㅇ Passing the cost due to wage increases, or internal procedure delays onto the trading company.
    6. f. Unfair in-kind payment behavior
      1. ㅇ Paying the determined price in kind against the trading company's will, which is different from the initial contract, and demanding acceptance.
    7. g. Retaliatory action behavior
      1. ㅇ Restricting order opportunities or suspending transactions, or otherwise causing disadvantages to trading partners because they reported a violation of the Subcontracting Act to the Fair Trade Commission.
    8. h. Evasion of law behavior
      1. ㅇ Attempts to evade the application of the Subcontracting Act by using indirect methods related to subcontracting transactions.
      2. ㅇ Recovering the payment made to the trading company following the corrective measures of the Fair Trade Commission by methods such as reclaiming it later or deducting it from the delivery payment.
      3. ㅇ Reducing the unit price uniformly by the amount corresponding to the bill discount fee, delayed interest, etc. paid to the trading company.
    9. i. Forced purchase of goods or services
      1. ㅇ Forcing trading partners to sell or use products or services from oneself, affiliates, or specific companies, etc., without a valid reason.
      2. ㅇ Forcing trading partners to unfairly purchase the materials used on the construction site against their will, or to purchase/use the equipment specified by oneself without a valid reason.
      3. ㅇ Repeatedly requesting purchases, despite a clear lack of intent to buy, from trading partners who have either indicated a lack of intent to buy or have not indicated an intent to buy.
    10. j. Unfair payment request behavior for goods purchase
      1. ㅇ Making the trading partner purchase necessary goods from oneself or use one's own equipment, and paying the entire or part of the purchase or usage fee ahead of the payment due date.
      2. ㅇ Making the trading partner purchase necessary goods from oneself or use one's own equipment, and paying under conditions that are significantly disadvantageous compared to the conditions for purchase, usage, or supply to a third party.
    11. k. Prohibition of forced provision of technical data
      1. ㅇ Forcing the trading partner to provide the following technical data to oneself or a third party without a valid reason :
        1. - Information about manufacturing, repair, construction, or service performance methods that have been kept secret through considerable efforts.
        2. - Information related to intellectual property rights such as patents, utility model rights, design rights, and copyrights.
        3. - Other technical or management information that is useful for business activities and has independent economic value.
      2. ㅇ Using the technical data acquired from the trading company for oneself or a third party.
VI. Criteria for Determining the Implementation and Operation of Practices
  1. The determination of a principal operator's implementation and operation of practices is considered done when all of the following conditions have been continuously met during the previous year :
  1. - The content of the practices must have been reflected in regulations related to the contractual tasks (e.g., company regulations, work instructions, etc.)
  2. - The main content of the practices, such as the standard for adjusting and negotiating delivery unit prices, must have been reflected in the contract.
  3. - The practices must have been disclosed (e.g., on the homepage) or notified to the partner companies.
  1. Criteria for selecting a contract conclusion method according to the practices must have been established.
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Selection and operation of partners

I. Purpose
The purpose of these practices is to enhance the transparency and fairness of the principal operator's selection and operation of partner companies, to contribute to the establishment of a fair subcontracting trade order, and to define general matters for the prevention of violations of the "Subcontracting Trade Fairness Law" (hereinafter referred to as the "Subcontracting Law") in the "Guidelines for Fair Subcontracting Trade".
II. Definition of Terms
The term "partner company" refers to not only the subcontractors as stipulated in the Subcontracting Law, but also to general trustees, who are either potential or ongoing business operators for the principal operator's manufacturing, construction, service outsourcing trades, etc.
  1. 1. "Partner company pool" refers to a group of partner companies that the principal operator registers and manages according to certain standards.
  2. 2. "Selection of partner company" means registering in the principal operator's partner company pool.
  3. 3. "Operation of partner company" refers to the principal operator's management of the partner company pool according to certain standards, providing opportunities to initiate transactions with companies that have been selected and registered as partner companies, and cancelling registrations, etc.
III. Practices for Selection and Operation of Partner Companies
  1. 1. Basic Principles

    These practices only present the minimum general matters necessary to ensure the autonomy, transparency, and fairness of the principal operator's selection and operation of partner companies. For other matters, the principal operator can consider various conditions and determine and operate specific contents.

  2. 2. Practices for Selection and Operation of Partner Companies
    1. a. Disclosure of Partner Company Selection Criteria, Procedures, and Results
      1. (1) Matters related to the partner company selection criteria and procedures should be disclosed for more than 15 days on the business premises and electronic media (such as the principal operator's website, and so on) 30 days before the expiration of the partner company registration validity period or the start of the registration (including renewal registration) review.
      2. (2) If the partner company selection criteria are to be changed, the matter should be individually notified in writing (including electronic documents, the same shall apply hereinafter) 45 days prior to the companies subject to renewal registration.
      3. (3) The results should be individually notified in writing within 15 days from the date of the partner company selection, and for companies not selected, the reasons should be specified and notified in writing.
    2. b. Specificity and Clarity of Selection Criteria

      The principal operator should make the partner company selection criteria specific and clear so that there is no risk of arbitrary interpretation.

    3. c. Fairness of Selection Criteria and Procedures
      1. (1) The partner company selection criteria should be relevant to the content of the transactions to be entrusted, and the allocation of weights for each detailed selection criterion should be appropriate.

        <Examples of legitimate selection criteria and applications>

        1. ① Whether a specific professional license is held as required by relevant laws and regulations
        2. ② Whether the target company is financially sound as assessed by an external professional evaluation agency
        3. ③ Whether there have been any violations of the Subcontracting Law or other relevant laws and regulations over a certain period of time
        4. ④ Whether there are technical development achievements and equipment ownership related to the transaction

        <Examples of unfair selection criteria and applications>

        1. ① Cases where whether the company is related to a retired or current employee, school ties, regional ties, or relatives, etc., is used as a selection criterion
        2. ② Cases that hinder the entry of new companies through excessive allocation of points for past transaction performance
        3. ③ Cases where disadvantages are given for reasons such as trading with a competitor or duplicate partner company registration
      2. (2) The application and acceptance period for partner company registration should be at least 15 days.
      3. (3) Companies that are deemed to have been excluded from the partner company selection due to the fault of the principal operator should be given an opportunity to apply for an objection for at least 15 days from the day they receive the notification of non-selection.
      4. (4) There should be no discrimination in the selection criteria between existing registered companies and new registered companies without a legitimate reason.
    4. l. Fair Opportunity to Start Trading

      For businesses that have been selected and registered as partner companies, opportunities to participate in bidding for the start of transactions, etc., should not be restricted or discriminated against without a legitimate reason.

    5. m. Transparency of Criteria and Procedures for Cancellation of Partner Company Registration

      At the same time as disclosing the partner company selection criteria and procedures, the principal operator should also disclose matters related to the cancellation criteria and procedures for at least 15 days at business premises, electronic media, etc.

    6. n. Specificity and Clarity of Criteria for Cancellation of Partner Company Registration

      The principal operator should make the criteria for canceling the registration of a partner company specific and clear so that there is no risk of arbitrary interpretation.

    7. o. Fairness of Criteria and Procedures for Cancellation of Partner Company Registration
      1. (1) The criteria for canceling the registration of a partner company should be based on objective and appropriate reasons.

        <Examples of legitimate cancellation criteria and applications>

        1. ① When a serious and clear fault of the subcontractor occurs related to the subcontract transaction in question
        2. ② In cases where normal management is impossible due to bankruptcy, suspension of business, or closure
        3. ③ In cases of violation of the Subcontracting Law or other relevant laws and regulations
        4. ④ In cases where the license is canceled by relevant laws and regulations

        <Examples of unfair cancellation criteria and applications>

        1. ① Cases where registration is cancelled due to non-cooperation with matters unilaterally presented by the principal operator, such as cost-cutting plans or requests for reduction of delivery unit price
        2. ② Cases where registration is cancelled because it has been duplicated with a competitor's partner company
        3. ③ Cases where registration is cancelled because there is no transaction performance due to the principal operator's non-order or non-consignment, even though the subcontractor is not at fault (however, if the subcontractor has been out of business for a considerable period due to falling out of fair competition, registration can be cancelled)
        4. ④ Cases where registration is cancelled due to non-compliance with the principal operator's instructions on personnel matters of the subcontractor's employees
      2. (2) When canceling the registration of a partner company, the reason must be notified in writing, and the business operator should be allowed to raise an objection within at least 15 days from the day of receiving the notification, and if the registration is cancelled due to the fault of the principal operator, immediate re-registration measures must be taken.
    8. i. If employees of the principal operator fail to comply with the practices due to intentional or serious negligence, corresponding punitive measures (e.g., personnel disadvantages) should be taken.
  3. 3. Criteria for the Introduction and Operation of Practices

    The introduction and operation of practices by the principal operator is considered implemented when all of the following items have been continuously satisfied for the previous year.

    1. a. The contents of the practices should have been reflected in the criteria related to the registration and operation of partner companies (company regulations, operation guidelines, etc.)
    2. b. The criteria for the registration and operation of partner companies should have been disclosed (on the homepage, etc.)
    3. c. Compliance with the contents of the practices should have been observed when registering and canceling partner companies
    4. d. Fair opportunities to start trading should have been provided
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Establishment and operation of subcontract
transaction internal review committee

Ⅰ. Purpose
The purpose of these practices is to contribute to the establishment of a fair subcontracting order by enabling the principal operator to review the fairness and legality of subcontracting transactions of a certain size in advance, and to provide general matters for the prevention of violations of the "Subcontracting Transaction Fairness Act" (hereafter referred to as the "Subcontracting Act") in the "Subcontracting Transaction Fairness Guidelines".
Ⅱ. Installation and Operation Practices of the Internal Review Committee
  1. 1. Basic Principle

    These practices only present the minimum general matters necessary to ensure the autonomy, appropriateness, and effectiveness of the internal review committee established and operated by the principal operator for fair subcontracting. For other matters, the principal operator can determine and operate the individual and specific contents considering the various conditions.

  2. 2. Installation and Operation Practices of the Internal Review Committee
    1. a. Appropriateness of the Composition of the Internal Review Committee
      1. (1) The internal review committee should be composed of three or more employees, including an executive in charge of subcontracting tasks, and an external expert such as an outside director can be appointed if necessary.
      2. (2) If the existing review body installed for the operation of the voluntary compliance program (CP) meets the requirements of the above (1), it can be operated as an internal review committee.
    2. b. Effectiveness of the Operation of the Internal Review Committee
      1. (1) The internal review committee must be held regularly at least once a month, and can be held as needed when issues arise.
      2. (2) The internal review committee must preliminarily review the fairness of contract execution and price determination process, and the legality of the Subcontracting Act and other related laws for transactions that are a certain percentage (for example, 10% for the subcontracting transaction amount of the previous business year less than 100 billion KRW, 5% for 100 billion KRW or more and less than 500 billion KRW, 2% for 500 billion KRW or more and less than 1 trillion KRW, and 1% for 1 trillion KRW or more) of the subcontracting transaction amount of the principal operator's previous business year per subcontractor's individual subcontract transaction contract (expected) amount for the business year.

        <Examples of Preliminary Review Items Related to the Subcontracting Act>

        1. ① Compliance with the obligation to issue written contracts
        2. ② Compliance with the obligation to open a domestic letter of credit
        3. ③ Compliance with the obligation to guarantee payment of subcontracting fees
        4. ④ Violation of the prohibition of unfair determination of subcontracting fees
        5. ⑤ Violation of the prohibition of forced purchase of goods etc.
        6. ⑥ Violation of the prohibition of unfair demands for economic benefits
      3. (3) The internal review committee must preliminarily review the appropriateness of the standards and procedures for registration and cancellation of collaborative companies.
      4. (4) The internal review committee must review cases of objection to the non-selection or cancellation of registration of a collaborative company.
      5. (5) If necessary, the opinions of relevant subcontractors can be heard, and in this case, anonymity must be ensured if necessary.
      6. (6) If the agenda for review is likely to violate the Subcontracting Act and other related laws, corrections must be made on their own, and if there is intentional or serious negligence on the part of the relevant employees, sanctions corresponding to the degree of violation (e.g., personnel disadvantages, etc.) must be taken.
      7. (7) Documents related to the results and measures of the internal review committee must be kept for more than three years from the date of the end of the review.
  3. 3. Standards for Judging the Introduction and Operation of Practices

    The decision on whether to introduce and operate the principal business operator's practice is considered to have been introduced and operated if all of the following items are continuously satisfied during the previous year.

    1. a. Prepared standards related to the establishment and operation of the internal review committee (company rules, business guidelines, etc.)
    2. b. Publicized (on the website, etc.) the standards for establishing and operating the internal review committee
    3. c. Established an internal review committee
    4. d. There will be a performance record of the internal review committee's review (such as reviewing the content of the practice)
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Written issuance and retention

Ⅰ. Purpose
This guideline aims to present specific matters that the principal business operator should comply with or strive for in relation to the issuance and preservation of written documents during the subcontracting contract conclusion and transaction process. This is to ensure that the principal business operator and the subcontractor clearly understand the matters concerning the issuance of written documents under the "Fair Transactions in Subcontracting Act" (hereinafter referred to as the 'Subcontracting Act'), thereby facilitating the exercise of rights and the fulfillment of obligations accordingly. Furthermore, it proposes policies that the Fair Trade Commission will implement to promote a desirable written culture in the subcontracting transaction process and establish an advanced written issuance practice, with the ultimate goal of building a fair subcontracting transaction order.
Ⅱ. Composition of the Practice
This guideline is composed of three parts : ① a section on the issuance of various documents in the subcontracting transaction process, ② a section on the preservation of issued documents, and ③ a section that stipulates the contents and procedures of the Fair Trade Commission's policies to promote the establishment of written issuance and preservation practices.
Ⅲ. Matters Regarding the Issuance of Various Documents in the Subcontracting Transaction Process

The principal business operator should issue written documents in accordance with the following stipulations during the conclusion and implementation of a subcontracting transaction contract.


  1. 1. Issuance of Subcontract Agreement
    1. a. Obligation to Issue a Written Document (Article 3 of the Subcontracting Act)
      1. ㅇ When the principal business operator delegates the manufacturing, repair, construction, or service performance (hereinafter referred to as 'manufacturing, etc.') of an object under the Subcontracting Act to a subcontractor, they must issue a written subcontract agreement after agreeing on the major contents of the contract such as the content of the delegated object, quantity, unit price, etc.
      2. ㅇ If the initial contract content changes due to design changes or additional construction delegation, they should write and issue additional or changed documents unless there are special circumstances.
    2. b. Information to be Included in the Document
      1. ㅇ The subcontract agreement should reflect the content that matches the facts of the actual transaction, and in principle, it should include the following items :
        1. ① Delegation date, content of the delegated object, quantity and unit price, the time and place of delivering or providing the object, the inspection method and timing of the object, subcontracting price (advance payment, progress payment, completion payment for construction work), payment method, and due date.
        2. ② If the principal business operator intends to provide raw materials needed for the manufacture, etc. of the object to the subcontractor, it should include the name, quantity, delivery date, payment method, and due date of the raw materials.
        3. ③ The conditions, methods, and procedures for adjusting the subcontract price due to price changes in raw materials after the delegation of manufacturing, etc. of the object.
    3. c. Time of Document Issuance
      1. ㅇ In principle, the principal business operator should issue a written contract without delay after agreeing on the main contents of the delegation contract with the subcontractor.
      2. ㅇ Even if the principal business operator has difficulty handing over the written contract to the subcontractor immediately, they should issue a written contract by the deadline according to the following categories unless there are special reasons :
        1. ① Manufacturing delegation : Before the subcontractor starts the work for the product delivery
        2. ② Repair delegation : Before the subcontractor starts the agreed repair work
        3. ③ Construction delegation : Before the subcontractor starts the contracted construction
        4. ④ Service delegation : Before the subcontractor starts the agreed service provision
    4. L. Method of issuing written documents
      1. ㅇ The original contractor must issue a contract signed (including certified electronic signatures according to Article 2, Paragraph 3 of the Electronic Signature Act) or sealed with the name and date by the company or representative to the subcontractor.
      2. ㅇ If a written document is issued without the signature or name stamp of the subcontractor, it is equivalent to not issuing a written document.
      3. ㅇ A written document can be issued by providing electronic records as follows :
        1. - Sending it through an electric telecommunication line and recording it on a file equipped in the electronic recording device used by the subcontractor (e.g., email).
        2. - Providing it for viewing by the subcontractor through an electric telecommunication line and recording it on a file equipped in the electronic recording device used by the subcontractor (e.g., web).
        3. - Handing over electronic records such as floppy disks, CD-ROM, etc. to the subcontractor.
    5. m. Exceptions
      1. ㅇ If a written document is issued in a reasonable way that fits the reality of the subcontracting transaction as exemplified below, you can fulfill the obligation to issue a written document differently from the aforementioned document entries and the time of issuance.
        1. - If there is something difficult to confirm at the time of commission. However, the original contractor can issue a document that does not write about the matter that is difficult to confirm at the time of commission, only when there is a legitimate reason.
          1. * However, in this case, you must specify the reason why the matter has not been decided and the scheduled date to decide the matter, and issue a document listing the matter without delay when the matter is confirmed.
        2. - In the case of frequent transactions in the reality of subcontracting transactions, where there are no significant problems in the establishment and maintenance of contracts in light of industry characteristics or reality.
          1. . If the basic contract is issued and it was ordered by fax or other electrical/electronic forms, and the order contents are clearly objective.
          2. . If some of the statutory entries in the contract are missing, but the missing matters can be understood through the quantity table or work order provided each time you order.
          3. . If the basic contract is sent and goods for export are manufactured, and the subcontractor can replace the individual contract with the product sales promise (offer sheets) submitted to the original contractor.
          4. . In case of additional construction related commissioning, if the quantity fluctuates obviously due to minor and frequent additional work, it is possible to replace the contract with a settlement agreement immediately after completion of the construction.
            * However, the following cases are considered as non-issuance of a written document.
            1. · If the scope of additional work is distinguished and the amount is significant, but a specific additional contract or work order, etc., is not issued.
            2. · If the additional or changed construction quantity has been proved in the construction process, but there is a dispute between the parties and no change contract or settlement is issued.
    6. n. Special Provisions
      1. (1) Estimation of subcontracting agreements
        1. ㅇ If the original contractor does not issue a subcontracting agreement that states the matters in Article 3, Paragraph 2 of the Subcontracting Law when subcontracting manufacturing, etc. (including cases where a document that does not state some of the matters according to Paragraph 3 is issued), the subcontractor can request confirmation by notifying a document listing the work content subcontracted, subcontracting payment, time of subcontracting, names and addresses of the original contractor and the subcontractor, and other contents subcontracted by the original contractor.
          1. - In this case, the subcontractor uses the [Form 1] "Request for Confirmation of Subcontracting Contents" of the "Subcontracting Transactions Fairness Guidelines" as a standard form.
            ※ Annex 1 : Standard form of request for confirmation of subcontracting contents
        2. ㅇ Upon receiving the above request for confirmation of subcontracting contents, the original contractor must reply in writing to the subcontractor with acceptance or denial of the content within 15 days.
          1. - In this case, the original contractor uses [Form 2] "Reply to Request for Confirmation of Subcontracting Contents" of the "Subcontracting Transactions Fairness Guidelines" as a standard form.
            ※ Annex 2 : Standard form of reply to request for confirmation of subcontracting contents
        3. ㅇ If the original contractor does not send a reply within 15 days, it is presumed that there was a subcontract as notified by the subcontractor, except when it is impossible to reply due to natural disasters or other contingencies.
        4. ㅇ The notification of the written request for confirmation of subcontracting contents and the written reply to the request for confirmation of subcontracting contents should be done to the addresses of the original contractor and the subcontractor, and should be done by a method (excluding email) that can objectively confirm the contents of the notification and reply and whether they were received, such as a certified mail.
      2. (2) In the case of a joint subcontracting agreement
        1. ㅇ In the case of a joint subcontracting agreement with a joint performance method, all joint subcontractors can sign a subcontracting agreement and issue a written document in unison, sign a subcontracting agreement individually for their respective share, or the representative company can sign a subcontracting agreement on behalf of the joint subcontracting body and issue a written document.
  2. 2. Issuance of Subcontracting Payment Reduction Document
    1. a. Occurrence of Document Issuance Obligation (Article 11 of the Subcontracting Law)
      1. ㅇ When the original contractor wants to pay the subcontractor a reduced amount from the subcontracting payment set at the time of "subcontracting" manufacturing, etc., a document specifying the reduction should be issued to the subcontractor.
      2. ㅇ If general contents related to the trade conditions such as payment, transportation, inspection, return, specifications, materials, manufacturing process, etc., which are frequently dealt with at the time of subcontracting, are included in the basic contract, and contents related to the subcontracting payment such as unit price, quantity, etc. are delegated to separate special contracts or order forms, the time of "subcontracting" is considered to be when the special contract or order contents are notified to the subcontractor.
    2. b. Written Details
      1. ㅇ The document that the original contractor should provide when intending to reduce the subcontracting payment should include details such as the reason and criteria for the reduction, the quantity of the object subject to the reduction, the reduction amount, the method of reduction such as deductions, and other matters proving the validity of the reduction.
    3. c. Timing of Document Issuance
      1. ㅇ When the original contractor intends to reduce the payment, they should issue a reduction document to the subcontractor in advance before making the reduction.
    4. d. Method of Document Issuance
      1. ㅇ When the original contractor requests the subcontractor in writing to reduce the subcontracting payment, the company or representative should deliver a document that has been signed (including an electronic signature according to Article 2, Paragraph 3 of the Electronic Signature Act) or stamped with a name seal.
      2. ㅇ In case the original contractor intends to reduce, they should use the standard form of Annex 4.
        ※ ※ Annex 3: Standard form for subcontracting payment reduction document
      3. ㅇ Documents can be issued by providing electronic records as follows :
        1. - A method of transmitting through an electric communication line and recording on a file installed in the electronic record device used by the subcontractor (ex: email)
        2. - A method of providing for the subcontractor's perusal through an electric communication line and recording on a file installed in the electronic record device used by the subcontractor (ex: web)
        3. - Methods of providing electronic records such as floppy disks, CD-ROMs, etc., to the subcontractor
    5. e. Exceptions
      1. ㅇ If there are matters that are difficult to determine at the time of issuing the reduction document by the original contractor, a document not stating such matters may be issued only if there is a valid reason.
        1. * However, in this case, the reason why such matters have not been determined and the expected date when such matters will be determined should be specified, and a document stating those matters should be issued without delay when they are determined.
  3. 3. Issuance of Technical Data Request Document
    1. a. Obligation to Issue a Document (Subcontract Act Article 12-3)
      1. ㅇ The principal contractor must issue a request document to the subcontractor when there is a legitimate reason to request the provision of technical data.
      2. <Examples of legitimate reasons to request the provision of technical data>

        1. . In the process of concluding a subcontract through a consensual contract, competitive bidding (general competition, restricted competition, designated competition, etc.), requiring the subcontractor's technical data for technical capability evaluation of a cooperating company, preparation of a standard price for ordered goods, proposal review, joint technology development, meeting the requirements of the orderer's Request For Proposal (RFP), etc.
        2. . When the principal contractor requests the subcontractor's technical data for technical guidance, quality control, performance tests, joint patent application, patent application support, joint technology development, adjustment of delivery unit price by requesting cost data, etc. during subcontract transactions.
        3. . When the principal contractor requests the provision of the subcontractor's technical data due to the occurrence of conditions for providing data under a technical data escrow contract.
    2. b. Content to be Written in the Document
      1. ㅇ The technical data request document should include the name and scope of the relevant technical data, the purpose of the request, the confidentiality clause*, the right attribution relationship*, the price of the technical data, the request date, the delivery date, the delivery method, and other evidence that can prove the legitimacy of the request for technical data by the principal contractor.
        1. * Confidentiality clause : Specifying which part of the technical data should be kept confidential, and attaching a confidentiality agreement, etc., if one is concluded between the parties.
        2. * Right Attribution Relationship : Current right owner of the technical data requested by the principal contractor, whether a technology transfer agreement was concluded between the parties, whether the requested technology is a jointly developed technology, mutual agreement on the right attribution relationship after the provision of technical data, etc.
    3. c. Time of Document Issuance
      1. ㅇ When the principal contractor requests the provision of technical data, in principle, after consulting and agreeing on the name and scope of the technical data, purpose of the request, request date, delivery date, delivery method, confidentiality clause, right attribution relationship, and the price of the technical data with the subcontractor, a document should be issued to the subcontractor without delay.
    4. d. Method of Document Issuance
      1. ㅇ The principal contractor should issue a technical data request document signed (including certified electronic signatures according to the Electronic Signature Act Article 2 Clause 3) or stamped by the company or the representative to the subcontractor.
      2. ㅇ When the principal contractor requests the subcontractor's technical data in writing, the "Technical Data Request. Utilization Act Guidelines" (Fair Trade Commission Example Regulation No. 115) technical data request standard form (Form 1) should preferably be used.
        ※ Appendix 4 : Standard form of technical data request document.
      3. ㅇ The principal contractor can request the provision of technical data by a separate contract document such as a special agreement. However, the matters to be recorded in the document mentioned in B. must be included in the separate contract document.
      4. ㅇ A document can be issued by providing electronic records as follows.
        1. - A method of transmitting via an electric communication line and recording in a file equipped on an electronic record device used by the subcontractor (e.g. email).
        2. - A method of providing for the subcontractor's reading via an electric communication line and recording in a file equipped on an electronic record device used by the subcontractor (e.g. web).
        3. - A method of handing over electronic records like floppy disks, CD-ROMs, etc. to the subcontractor, etc.
    5. 4. Exceptions
      1. In accordance with the examples provided, the obligation to issue a written document can be fulfilled in a reasonable manner that reflects the reality of subcontracting transactions, even if it deviates from the above-mentioned written contents and issuance deadline.
        1. - If it is difficult for the contractor and the subcontractor to predetermine matters among the contents written in the demand for technical data, they can issue a document without mentioning those matters only when there is a legitimate reason.
          1. * However, even in this case, the reason why the matters have not been determined and the expected date when those matters will be settled must be explicitly stated. Once the matters are confirmed, a document specifying those matters must be issued without delay.
        2. - In cases where frequent requests for technical data are inevitable due to the nature of the industry or transaction realities, basic information such as the name and scope of the technical data, request purpose, confidentiality, ownership, and compensation can be written in a document signed or sealed by the parties. Subsequently, additional details such as the date of request for technical data, delivery date, and method can be determined using individual request forms.
  4. 5. Issuance of Other Documents
    1. a. Issuance of Receipt for Goods, etc. (Article 8 of the Subcontracting Act)
      1. ㅇ Except for cases where the subcontractor is responsible, the contractor must issue a receipt for the goods, etc., when the subcontractor delivers, hands over, or provides the goods (excluding when subcontracting for supply of work).
      2. ㅇ Even before the inspection of the goods, etc., the contractor must immediately issue a receipt to the subcontractor (if a domestic letter of credit has been issued under Article 7 of the Subcontracting Act, immediately after the completion of inspection).
    2. b. Issuance of Inspection Results for Goods, etc. (Article 9 of the Subcontracting Act)
      1. ㅇ After receiving the goods, etc., from the subcontractor, the contractor should conduct necessary inspections to confirm the completion of the goods and the scope of the payment obligation, and then notify the subcontractor of the results in writing.
      2. ㅇ The contractor should, in principle, issue a document of the inspection results within 10 days of receiving the goods, etc., from the subcontractor.
        1. - Here, the day of receipt of goods includes the day of notification of the completed portion in the case of manufacturing/repair subcontracting, and the day of notification of completion or completed portion in the case of construction subcontracting.
      3. ㅇ However, if there is a legitimate reason, the contractor can notify the inspection results beyond 10 days.
        1. - if the number of items to be inspected is excessive and it is difficult to inspect within 10 days
        2. - if the inspection period is lengthy and a considerable amount of time has passed before the judgment of pass/fail can be determined
        3. - if there is a clear agreement between the contractor and subcontractor to extend the inspection period.
      4. ㅇ If the contractor fails to issue a written document of the inspection results to the subcontractor within 10 days of receiving the goods, etc., without a legitimate reason, it is regarded as passing the inspection.
    3. c. Issuance of Contract Amount Change Details due to Design Changes, etc. (Article 16 of the Subcontracting Act)
      1. ㅇ If the contract amount increases or decreases due to design changes, price fluctuations, or other economic changes after the order for manufacturing, etc., the contractor must notify the subcontractor of the reason and details for the increase or decrease received from the ordering party.
        1. - However, if the ordering party directly notifies the subcontractor of the reason and details, this is not required.
      2. ㅇ The prime contractor must issue the aforementioned written notice to the subcontractor within 15 days of receiving the increased or decreased contract amount from the orderer.
    4. 6. Document Issuance Method :
      1. ㅇ The prime contractor must issue a document signed (including the electronic signature according to Article 2, Paragraph 3 of the Electronic Signature Law) or affixed with a name seal by the company or its representative to the subcontractor.
      2. ㅇ The document can be issued by providing electronic records in the following ways :
        1. - Transmitting via electronic communication lines and recording in a file equipped in the electronic recording device used by the subcontractor (e.g., email)
        2. - Providing for the subcontractor's viewing via electronic communication lines and recording in a file equipped in the electronic recording device used by the subcontractor (e.g., web)
        3. - Delivering electronic records to the subcontractor through floppy disks, CD-ROMs, etc.
7. Matters Concerning the Preservation of Documents
  1. ㅇ Both the prime contractor and subcontractor must preserve the documents listed in Section III. and other documents in Article 6 (Preservation of Documents) Paragraph 1 of the Enforcement Decree of the Subcontracting Law.
  2. ㅇ The documents to be preserved must be kept in their original state at the time of issuance, delivery, or other uses. The same applies to those that are created, transmitted/received, or stored in electronic form by a device with data processing capability like a computer.
  3. ㅇ The prime contractor and subcontractor must preserve the above documents for three years from the end of the subcontracting transaction between the parties. The end of the subcontracting transaction refers to the following dates :
    1. - In the case of manufacturing delegation, repair delegation, and service delegation involving the creation of knowledge/information products: the day the subcontractor delivered or transferred the delegated item to the prime contractor
    2. - In the case of service delegation involving the supply of reverse services: the day the prime contractor completed the supply of the delegated reverse services
    3. - In the case of construction delegation: the day the delegated construction work was completed
    4. - In the case of termination or interruption of the subcontracting contract: the day of termination or interruption
8. Criteria for Determining the Implementation and Operation of Practice
  1. ㅇ The determination of whether the prime contractor has implemented and operated the practice is considered to have been done if all the following conditions have been continuously met for the past year.
    1. 1. Reflecting the contents of the practice in subcontracting-related rules (company rules, work instructions)
    2. 2. Adopting standard formats (or equivalent document formats) when issuing contracts or other documents to subcontractors
    3. 3. Using a ledger for the management of documents to be issued or preserved for subcontractors