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Laws of the Republic of Korea |
Reproduced from Statutes of the Republic of Korea Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
1
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Amended by Ordinance of the Ministry of National Defense No. 331, Apr. 24, 2006 Ordinance of the Ministry of National Defense No. 620, Feb. 21, 2007 Ordinance of the Ministry of National Defense No. 646, Mar. 4, 2008 CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of these Rules is to provide for matters delegated by the Defense Acquisition Program Act and the Enforcement Decree of the same Act as well as matters necessary for the enforcement thereof.
Article 2 (Classification into Weapon Systems and Non-Weapon Systems) (1) In cases where it is not clear whether to classify munitions under weapon systems or non-weapon systems as referred to in subparagraph 2 of Article 3 of the Defense Acquisition Program Act (hereinafter referred to as the "Act"), the Chairman of the Joint Chiefs of Staff shall make a determination of the classification at the request of the Ministry of National Defense, Defense Acquisition Program Administration, each Service, organizations under the direct control of the Ministry of National Defense (including military units under the direct control of the Ministry of National Defense; hereinafter the same shall apply). (2) The Chairman of the Joint Chiefs of Staff shall, when he has received a request as referred to in paragraph (1), make a determination thereon within 30 days and notify the Ministry of National Defense, Defense Acquisition Program Administration, each Service and organizations under the direct control of the Ministry of National Defense thereof. CHAPTER TRANSPARENCY AND SPECIALIZATION IN
EXECUTION OF DEFENSE AQUISITION
PROGRAMS
Article 3 (Form of Pledge of Integrity)
(1) Members of the Defense Acquisition Program Promotion Committee (hereinafter referred to as the "Committee") and subcommittees in each field (hereinafter referred to as "subcommittees"), public officials belonging to the Defense Acquisition Program Adminstration, and officers and employees of the Agency for Defense Development and the Defense Agency for Technology and Quality Assurance shall submit a pledge of integrity under Article 4 (1) and (2) of the Enforcement Decree of the Defense Acquisition Program Act (hereinafter referred to as the "Decree") in Form No. 1. (2) The representative and officers of defense contractors or general enterprises (hereinafter referred to as "defense contractors or others") or research institutes shall submit a pledge of integrity under Article 4 (3) of the Decree in Form No. 2. Article 4 (Report on Fact of Violating Pledge of Integrity) The Administrator of the Defense Acquisition Program Adminstration shall, when he/she ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT Reproduced from Statutes of the Republic of Korea Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 2
has discovered the fact that members of the Committee and subcommittees who have submitted a pledge of integrity under Article 4 (1) of the Decree violated the contents of the pledge of integrity, submit a report to the Minister of National Defense thereon immediately.
CHAPTER EXECUTION OF PROJECT FOR IMPROVEMENT
OF DEFENSE CAPABILITIES
Article 5 (Establishment of Mid-Term Plan for Projects in Field of Improvement of Defense Capabilities, etc.)
(1) The Administrator of the Defense Acquisition Program Adminstration shall, when he/she submits a mid-term plan concerning projects for the improvement of defense capabilities under Article 13 (2) of the Act, attach explanatory materials thereto. (2) The Administrator of the Defense Acquisition Program Administration shall make a report to the President and the Minister of National Defense in advance with respect to major projects from among the projects included in the mid-term plan for projects in the field of improvement of defense capabilities, such as projects requiring a large budget or projects having a significant impact on national policies. Article 6 (Submission of Requirements of Deployment-Facilitating Elements) (1) The Administrator of the Defense Acquisition Program Adminstration shall, when he/she has received requirements of deployment-facilitating elements (referring to the elements as referred to in each subparagraph of Article 28 (1) of the Decree; hereinafter the same shall apply) to be reflected in the mid-term plan for projects in the field of improvement of defense capabilities under Article 20 (4) of the Decree, notify in advance each Service and organizations under the direct control of the Ministry of National Defense (hereinafter referred to as a "requirement-raising Service") of deployment-facilitating elements required to be added or altered in connection with the operation of the relevant weapon systems. (2) A requirement-raising Service shall, when it has received a notice of deployment-facilitating elements from the Administrator of the Defense Acquisition Program Adminstration under paragraph (2), submit requirements of deployment-facilitating elements to the Administrator of the Defense Acquisition Program Administration, reflecting its opinions in the relevant weapon systems, such as deployment-facilitating elements to be corrected or supplemented.
Article 7 (Procedure for Determining Requirements, etc.) (1) Requirements of weapons systems, etc. under Article 15 (1) of the Act shall be as classified in each of the following subparagraphs according to the time of acquisition:
1. Long-term requirements: Requirements to be acquired within the period from eight to seventeen years from the fiscal year in which a determination on the acquisition of the requirements is made;
2. Mid-term requirements: Requirements to be acquired within the period from three to seven years from the fiscal year in which a determination on the acquisition of the requirements is made; and
3. Urgent requirements: Requirements to be acquired within two years from the fiscal year in which a determination on the acquisition of the requirements is made. (2) In cases where a requirement-raising organization as referred to in Article 22 (1) of the Decree proposes requirements to the Chairman of the Joint Chiefs of Staff, it shall propose them as long-term requirements in principle: Provided, That in cases where it causes difficulty in proposing them as long-term requirements due to war, disturbance, ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT Reproduced from Statutes of the Republic of Korea Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 3
overseas deployment of armed forces or national security, it may propose them as mid-term requirements or urgent requirements.
(3) A requirement-raising organization may request the Chairman of the Joint Chiefs of Staff to convert a weapon system determined as a long-term requirement into mid-term requirements based on the result of a preliminary study or exploratory development as referred to in Article 10 (1) 1. In such cases, the goal of innovative required operational capability as referred to in Article 22 (2) of the Decree may be determined and the goal of innovative required operational capability of the following stage may be tentatively proposed.
(4) The Chairman of the Joint Chiefs of Staff shall develop a joint strategic objective plan which sets the objective of joint military strategies annually, combining the long-term requirements and mid-term requirements as referred to in paragraph (1) and shall notify requirement-raising organizations thereof, obtaining the approval of the Minister of National Defense.
(5) The Chairman of the Joint Chiefs of Staff may, if necessary for the efficient deliberation of the Joint Chiefs of Staff at the meeting to propose requirements for weapons systems, etc. under Article 15 (1) of the Act, have relevant organs consult with one another in advance. In such cases, he shall enable relevant public officials of the Ministry of National Defense and the Defense Acquisition Program Administration to participate therein. Article 8 (Requests for Correction of Requirements) In cases where any of the following situations arises, the Administrator of the Defense Acquisition Program Administration may request the Chairman of the Joint Chiefs of Staff to correct the timing for deployment for initial operational capability and the quantity of requirements through consulting with the requirement-raising organization of the relevant weapon systems, etc.:
1. In cases where it is necessary to save financial sources or promote competition between defense contractors or others in the course of promoting projects for improvement of defense capabilities;
2. In cases where a scheme to innovate the required operational capability under Article 22 (2) of the Decree is reflected in requirements of weapon systems, etc.; and
3. In cases where it is necessary to alter the plan for a subsidiary facility project in the course of promoting the project due to civil petitions, etc. Article 9 (Procedure for Preliminary Studies)
(1) In cases where the Administrator of the Defense Acquisition Program Administration conducts a preliminary study under Article 17 (1) of the Act, the requirement-raising Service shall notify the Administrator of the Defense Acquisition Program Administration of its opinions on the operational environment and procedure of the relevant weapon system of which requirements have been determined, combination of and inter-operability between weapon systems in a battlefield, etc. along with submission of relevant materials. (2) The Administrator of the Defense Acquisition Program Administration shall conduct a preliminary study, taking into consideration the determined requirements of weapon systems, etc., opinions and relevant materials as referred to in paragraph (1), and may, if necessary, have the Agency for Defense Development, defense contractors or others, or research institutes take part therein.
Article 10 (Procedure for R&D, etc.)
(1) The R&D of weapon systems under Article 18 of the Act shall have the stages in each of the following subparagraphs: Provided, That in cases where it is not possible to go through the stages in each of the following subparagraphs because of difficulties in ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT Reproduced from Statutes of the Republic of Korea Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 4
prototyping due to the nature of the relevant weapon system, such as a naval vessel, the procedure as determined by the Administrator of the Defense Acquisition Program Administration shall prevail:
1. Exploratory development stage: To determine whether or not to move on to the system development stage after developing the core technology of a weapon system (including cases of manufacturing prototypes to verify the technology, if necessary) and confirming the degree of perfection and applicability of the technology;
2. System development stage: To design a weapon system to produce prototypes accordingly and evaluate the test result of the prototypes to set national defense standards necessary for mass production; and
3. Mass production stage: To mass-produce weapon systems developed in the system development stage.
(2) The Administrator of the Defense Acquisition Program Administration shall, when he/she conducts R&D projects under paragraph (1), consider the opinions of the Chairman of the Joint Chiefs of Staff in regard to matters concerning the combination of or inter-operability between weapon systems.
(3) The Administrator of the Defense Acquisition Program Administration shall, when the procedure for R&D under paragraph (1) is completed, confirm the appropriateness of the weapon system first deployed for field operations, deployment-facilitating elements, changes in configurations, etc. before the Minister of National Defense or a requirement-raising Service conducts the analysis or evaluation of deployment for initial operational capability, etc. under Article 23 (3) of the Act. (4) The Administrator of the Defense Acquisition Program Administration shall determine requirements of core technology requiring R&D by reflecting the requirements of core technology proposed by the Joint Chiefs of Staff, Agency for Defense Development, Agency for Defense Technology and Quality Assurance, defense contractors and others, and research institutes and requirements of core technology derived from preliminary studies. In such cases, if the Joint Chiefs of Staff intends to propose requirements of core technology, it shall combine the requirements proposed by itself and by each Service. (5) The R&D of core technology shall have stages which are classified into a basic research stage, application research stage and test and development stage, and the details of R&D in each stage shall be determined by the Administrator of the Defense Acquisition Program Administration.
(6) The Administrator of the Defense Acquisition Program Administration shall, when he/she conducts R&D in each stage of weapon systems as referred to in paragraph (1), make utmost endeavors to localize the relevant parts of weapon systems. Article 11 (Procedure of Selection of Organizations in Charge of R&D) (1) The Administrator of the Defense Acquisition Program Administration shall, when he/she intends to select an organization to be in charge of R&D under Article 18 (3) of the Act, select it for each and every R&D stage as referred to in Article 10: Provided, That in cases where it is necessary for the efficient R&D of weapon systems and core technology or to meet the timing for deployment for initial operational capability, he/she may have defense contractors and others or research institutes selected as an organization in charge of R&D through the deliberation of the Committee continue to proceed to the next R&D stage.
(2) In cases where the Administrator of the Defense Acquisition Program Administration intends to select an organization in charge of R&D under paragraph (1), he/she shall publish the matters in each of the following subparagraphs: Provided, That the same may ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT Reproduced from Statutes of the Republic of Korea Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 5
not apply to cases in which it is necessary to keep military secrets or for national security:
1. Purpose of promoting a R&D project and the details of the project;
2. Criteria for selecting organizations to be in charge of R&D;
3. Criteria for the preparation of a proposal of a R&D project or materials on the examination of the ability to fulfill a contract; and
4. Other matters deemed by the Administrator of the Defense Acquisition Program Administration necessary for the fair selection of an organization to be in charge of R&D.
(3) The Administrator of the Defense Acquisition Program Administration may, in order
to ensure fairness and specialization in the
selection of organizations to be in charge of
R&D, operate a R&D project proposal evaluation team composed of relevant experts from
the Ministry of Knowledge Economy, Defense Acquisition Program Administration, each
Service, Agency for Defense Development, and
Agency for Defense Technology and Quality
Assurance.
Article 15 (Establishment and Implementation of Test and Evaluation Plans)
(1) In cases where the Administrator of the Defense Acquisition
Program Administration
establishes a test and evaluation plan for the R&D of weapon systems and core technology
under Article 27
(1) of the Decree, he/she shall establish criteria for the preparation of
a test and evaluation plan for each step in accordance
with each subparagraph of Article
27 (1) of the Decree and notify an organization in charge of R&D and requirement-raising
Service
thereof, and the organization in charge of R&D and requirement-raising Service
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ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
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shall prepare a test and evaluation plan for development, and test and evaluation plan
for operation based thereon, respectively,
in which matters concerning
deployment-facilitating elements are included and submit them to the Administrator of
the Defense Acquisition
Program Administration.
(2) The Administrator of the Defense Acquisition Program Administration shall, if a member
of requirement-raising Services is included
in a combined test and evaluation team that
he/she organizes for testing and evaluation under Article 27 (5) of the Decree, reflect
the opinions of the Minister of National Defense therein.
Article 16 (Submission of Results of Testing and Evaluation)
When organizations
in charge of R&D and requirement-raising Services submit the results
of testing and evaluation to the Administrator of the Defense
Acquisition Program
Administration under Article 21 (2) of the Act, the matters in each of the following
subparagraphs shall be
included therein:
1. Matters as referred to in Article 27 (3) 1 through 3 of the Decree;
2. Results of testing and evaluation, such as items which fall short of testing and evaluation
standards; and
3. Other matters requiring cooperation or supplementation by other organs in testing
and evaluation.
Article 17 (Decisions on Results of Testing and Evaluation)
(1) The results of testing and evaluation of weapon systems under R&D
shall be declared
as classified in each of the following subparagraphs:
1. Testing and evaluation for development: Satisfying or failing to satisfy the standards;
and
2. Testing and evaluation for operation: Fit or unfit for combat use: Provided, That in
cases of a project which requires a long
period of time from development and design
to final production, such as a naval vessel, it may be tentatively declared as fit for
combat use for its continuous promotion or proceeding to the next stage during the
period of R&D.
(2) The results of testing and evaluation of weapon systems to be purchased shall be
declared as fit or unfit for combat use.
(3) The results of testing and evaluation of core technology under R&D shall be declared
as classified in each of the following
subparagraphs:
1. Testing and evaluation for development: Satisfying or failing to satisfy the standards:
Provided, That in cases where there exists
no weapon system to which the core technology
is to be applied, the results of testing and evaluation shall be declared as capable
or incapable of being applied to weapon systems; and
2. Testing and evaluation for operation: Fit or unfit for combat use.
(4) In cases where the Administrator the Defense Acquisition
Program Administration
submits a report on the results of testing and evaluation to the Committee under Article
21 (4) of the Act,
the matters in each of the following subparagraphs shall be included
therein:
1. Results of testing and evaluation of weapon systems and core technology;
2. Whether or not to conduct a re-test and re-evaluation of a weapon system which was
declared as failing to satisfy the standards
or as unfit for combat use; and
3. Whether or not to alter the plan for projects for the improvement of defense capability
and proceed to the following stage.
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(5) Requirement-raising Services or defense contractors and others may demand technical
assistance, etc. from the Administrator
of the Defense Acquisition Program Administration
for decisions on the results of testing and evaluation of non-weapon systems.
Article 18 (Integrated Logistical Support Elements)
(1) In cases where the Administrator of the Defense Acquisition Program Administration
secures integrated logistical support elements under Article 28 (1) 2 of the Decree, he/she
shall establish a plan for integrated
logistical support to manage acquired weapon systems
in an effective and economical manner until they are abandoned under Article
13 (3) of the
Act on the Management of Military Supplies and secure integrated logistical support elements
accordingly.
(2) In cases where the Administrator of the Defense Acquisition Program Administration
secures and provides integrated logistical
support elements under paragraph (1), he/she shall
determine the subject matter, items, scope, etc. of assistance based on the opinions
of the
Ministry of National Defense and each Service.
Article 19 (Improvement of Performance)
(1) In cases where the Administrator of the Defense Acquisition Program Administration
promotes improvement of performance of weapon
systems in operation under Article 22
(1) of the Act, he/she may have requirement-raising Services submit matters requiring
improvement
of performance in advance to reflect them.
(2) In cases where the Administrator of the Defense Acquisition Program Administration
promotes improvement of performance or a requirement-raising Service submits matters
requiring improvement of performance to the
Administrator of the Defense Acquisition
Program Administration under paragraph (1), if such improved performance affects
combination
of or inter-operability between weapon systems, the Administrator of the Defense
Acquisition Program Administration or the requirement-raising
Service shall consult with
the Chairman of the Joint Chiefs of Staff in advance.
Article 20 (Methods of and Procedure for Analysis
and Evaluation, etc.)
(1) For the efficient execution of projects for improvement of defense capability, the
Administrator of the
Defense Acquisition Program Administration shall select projects
requiring analysis and evaluation by the analysis and evaluation
stages referred to in
each subparagraph of Article 23 (2) of the Act in advance.
(2) In cases where the Administrator of the Defense
Aquisition Program Administration
analyzes the results of a project of which budget is in the process of execution or has
been
executed, he/she may have the organization in charge of R&D or defense contractors
and others submit materials on the results of
execution of expenditure to analyze and
evaluate them.
(3) The Minister of National Defense shall have the Chairman of the Joint Chiefs of Staff
or the Chief of Staff of each Service
conduct the analysis and evaluation referred to in
Article 23 (3) of the Act in accordance with the classifications in each of the
following
subparagraphs:
1. The analysis and evaluation of requirements raised shall be conducted whenever a
requirement-raising organization raises requirements
in the way that the Chairman
of the Joint Chiefs of Staff examines the propriety of the analysis and evaluation conducted
by the
requirement-raising organization itself and notifies the relevant
requirement-raising organization and the Administrator of the
Defense Acquisition
Program Administration of the result and also reports the result to the Minister of
National Defense: Provided,
That the result of the analysis and evaluation to be notified
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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from Statutes of the Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
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to the Administrator of the Defense Acquisition Program Administration shall be limited
to projects for the improvement of defense
capability, the requirements of which have
been determined;
2. The analysis and evaluation of deployment for initial operational capability, etc. shall
be classified into evaluation of deployment
for initial operational capability and analysis
of force operation;
3. The evaluation of deployment for initial operational capability shall be conducted within
one year after the deployment of weapon
systems on condition that the degree of
attainment of required operational capability and deployment-facilitating elements are
confirmed and evaluated and the methods and procedures in each of the following items
are followed:
(a) The Chief of Staff of each Service shall establish a plan for the evaluation of deployment
for initial operational capability,
submit such plan to the Minister of National Defense,
Chairman of the Joint Chiefs of Staff and Administrator of the Defense Acquisition
Program Administration, and conduct evaluation accordingly. In such cases, the
Chief of Staff of each Service may demand assistance
necessary for the evaluation
in terms of professional manpower, equipment and facilities, technology, etc. from
the Administrator
of the Defense Acquisition Program Administration:
(b) The Chief of Staff of each Service shall submit the result of the evaluation
of deployment
for initial operational capability to the Minister of National Defense, Chairman
of the Joint Chiefs of Staff and
Administrator of the Defense Acquisition Program
Administration, and the Administrator of the Defense Acquisition Program
Administration
shall reflect it in the production, development, etc. of weapon systems
in the next term: and
(c) The Chief of Staff of each Service may, when he/she conducts evaluation of deployment
for initial operational capability, organize
and operate an evaluation team of
deployment for initial operational capability which is composed of employees of the
Joint Chiefs
of Staff and the Defense Acquisition Program Administration and officers
and employees of research institutes or enterprises involved
in the research and
production of the relevant weapon system; and
4. The subject of the analysis of force operation shall be the analysis of the effect of
joint forces and state of operation of weapon
systems deployed in the battlefield by
the Chairman of the Joint Chiefs of Staff, which shall be conducted in compliance
with the
methods and procedures in each of the following items:
(a) The Chairman of the Joint Chiefs of Staff shall establish a plan for
the analysis
of force operation by considering the opinions of the Chief of Staff of each Service
to conduct the analysis accordingly,
which is to be reported to the Minister of National
Defense and then notified to the Administrator of the Defense Acquisition Program
Administration and Chief of Staff of each Service; and
(b) The Chairman of the Joint Chiefs of Staff shall report the results of
the analysis
of force operation to the Minister of National Defense and then issue notice thereof
to the Administrator of the Defense
Acquisition Program Administration and Chief
of Staff of each Service. In such cases, when the improvement of performance of
weapon
systems, or improvement or supplementation of integrated logistical support
elements, etc. is required, he may request measures,
etc. to be taken to deal with
it.
Article 21 (Utilization of Result of Analysis and Evaluation)
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
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(1) In cases where the Administrator of the Defense Acquisition Program Administration,
Chairman of the Joint Chiefs of Staff or
Chief of Staff of each Service has conducted the
analysis or evaluation of projects for the improvement of defense capability, he/she
shall
submit a list of analyses and evaluations conducted annually to the Minister of National
Defense, and the Minister of National
Defense shall notify other organs thereof to facilitate
the sharing and utilization of the information on the analysis and evaluation
of projects
for the improvement of defense capability.
(2) The Administrator of the Defense Acquisition Program Administration shall report
the results of analysis and evaluation of projects
for the improvement of defense capability
under Article 23 (2) of the Act to the Minister of National Defense.
CHAPTER PROCUREMENT
AND QUALITY ASSURANCE
Article 22 (Procedure for Establishment of Procurement Plan)
(1) The Minister of National Defense shall prepare guidelines for the
establishment of
a procurement plan on munitions in accordance with Article 25 (1) of the Act and notify
the Defense Acquisition
Program Administration, each Service and organizations under
the direct control of the Ministry of National Defense thereof.
(2)
Each Service and organizations under the direct control of the Ministry of National
Defense shall prepare a request for procurement
plan by projects and by articles in accordance
with the guidelines referred to in paragraph (1) for submission to the Administrator
of
the Defense Acquisition Program Administration.
(3) The Administrator of the Defense Acquisition Program Administration shall, when
he/she received a request for procurement plan
under paragraph (2), examine the matters
in each of the following subparagraphs and then determine a procurement plan for the
relevant
year and notify the Ministry of National Defense, each Service and organizations
under the direct control of the Ministry of National
Defense thereof:
1. Method of procurement by articles;
2. Reasonableness of unit price by articles:
3. Conditions of procurement, such as national defense standards, time and place for
delivery, etc.; and
4. Other matters necessary for smooth procurement of munitions.
Article 23 (Management of Configurations)
In the management of configurations under Article 32 of the Decree, the Administrator
of the Defense Acquisition Program Administration
shall consult with the Chairman of
the Joint Chiefs of Staff and requirement-raising Services with respect to matters concerning
combination of and inter-operability between weapon systems.
Article 24 (Quality Assurance)
(1) In cases where the Administrator of the Defense Acquisition Program Administration
conducts matters of quality assurance under
Article 28 of the Act, he/she shall determine
the type of quality assurance by stages, applicable criteria, etc. in consideration
of the
matters in each of the following subparagraphs to inspect the quality of munitions accordingly.
But, if there is a request
from the Minister of National Defense or requirement-raising
Services, he/she shall listen to the opinions on it in advance to reflect
them:
1. Presence or non-presence of quality certification by a national certification institution,
such as the Korean Industrial Standards,
etc.;
2. Degree of difficulty in applying technology to munitions;
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
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3. Degree of impact on military strength; and
4. Whether it is an article for both civilian and military use or for military use only.
(2) Each Service may, if necessary to conduct
duties related to quality assurance of munitions
procured to military units under Article 29 of the Decree, such as confirmation
of configuration,
national defense standards, etc., request the Administrator of the Defense Acquisition
Program Administration
to provide assistance.
Article 25 (Quality Control)
(1) The Administrator of the Defense Acquisition Program Administration may implement
a quality certification system for defense
contractors or specialized research institutes
through consultation with the Minister of Knowledge Economy in accordance with the
standards for responsible management, resource management, etc., of the defense contractors
or specialized research institutes
referred to in Article 29 (1) of the Act.
CHAPTER ADVANCEMENT OF NATIONAL DEFENSE
SCIENCE AND TECHNOLOGY
Article 26 (Notification of Action Plans for Advancement of National Defense Science and
Technology)
The Administrator of the Defense Acquisition Program Administration shall establish an
action plan for the advancement of national
defense science and technology, reflecting
the matters in each subparagraph of Article 34 (3) of the Decree and determine it by
the end of each year after the deliberation of the Committee to issue a notice thereof
to organizations, etc. which have proposed
the requirements of core technology.
CHAPTER FOSTERING OF DEFENSE INDUSTRY
Article 27 (Materials to be Designated as Defense Materials)
Materials which may be designated as defense materials under Article
39 (1) 2 of the
Decree shall be those falling under any of the following subparagraphs:
1. Materials of small quantity and variegated kinds, which are essential for the purposes
of military strategies or coding equipment
for military use only, which defense contractors
and others fail to produce due to their low economic feasibility;
2. Materials which are not classified as weapon systems and require strict quality assurance
due to their direct connection with
human life;
3. Major parts of materials classified as weapon systems or major parts of defense materials,
the R&D of which has been completed
or is under way;
4. Equipment the production and procurement of which are expected to be suspended
and which continues to require parts for repair
for a long term; and
5. Materials requiring maintenance, renewal, improvement or remodelling as major
materials for military strategy purposes even though
they are not materials produced
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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of Korea
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through R&D.
Article 28 (Major Defense Materials)
(1) In cases where the Administrator of the Defense Acquisition Program Administration
intends to designate as major defense materials
articles he/she deems important for military
strategies and tactical operations under Article 35 (2) 12 of the Act and Article 39
(2)
of the Decree, he/she shall do so with the articles in each of the following subparagraphs,
which are major parts of end items
of weapon systems, which require special technology
for their development and production and also require the protection and fostering
of their
production:
1. Articles which are not particularly compatible with civilian requirements, or require
a large investment in facilities for their
development and production, or are not able
to reach an economically feasible scale of production only with military demand, and
articles which must not be released to the public for military strategies; and
2. Articles which are difficult to be acquired due to restrictions on importation, or articles
which require domestic development,
and protection and fostering at the level of national
policy.
Article 29 (Designation of Defense Materials, etc.)
(1) When the Administrator of the Defense Acquisition Program Administration
designates
a defense material under Article 39 (1) of the Decree, he/she shall indicate the form of
the defense material in detail:
Provided, That in cases where it is not possible to indicate
a form, the same shall not apply.
(2) The request for designation of a defense material under Article 39 (3) of the Decree
shall be made in Form No. 3.
Article 30 (Recommendation for Designation of Defense Contractors, etc.)
(1) The Administrator of the Defense Acquisition Program
Adminstration may recommend
an enterprise with exceptional management capability and production technology for
designation as a
defense contractor to the Minister of Knowledge Economy.
(3) The certificate of designation of a defense contractor under Article 41 (3) of the Decree
shall be issued in Form No. 5.
Article 31 (Application for Approval on Transaction, etc. of Defense Contractor)
Applications for approval of the acquisition of
managerial governance of a defense contractor
under Article 35 (3) of the Act shall be made in Form No. 6.
Article 32 (Commissioning
of Specialized Research Institute)
The certificate of commissioning a specialized research institute under Article 46 (4) of
the
Decree shall be issued in Form No. 7.
Article 33 (Confirmation of Quality of Products Manufactured before Contract, etc.)
In cases where a defense contractor intends
to make a request for the confirmation of
quality of materials manufactured before concluding a procurement contract under Article
50 (4) of the Decree, he/she shall submit a request for confirmation of quality in Form
No. 8 to the Administrator of the Defense
Acquisition Program Administration.
Article 34 (Recipients of R&D Bounty)
Recipients of R&D bounty under Article 54 (2) of the Decree shall be those who are
engaged in the R&D or production of defense materials
and have produced R&D results
which fall under any of the following subparagraphs:
1. Development of new defense materials used for military strategies or tactics;
2. Development of advanced technology of defense industry or technology of defense
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industry similar thereto;
3. Development of creative software used in the defense industry;
4. Development of defense materials with excellent capability exceeding that of existing
defense materials;
5. Localization of major parts of defense materials; and
6. Other R&D projects as recognized by the Administrator of the Defense Acquisition
Program Administration.
Article 35 (Selection of Recipients of R&D Bounty)
(1) The Merit Review Board for R&D Bounty (hereinafter referred to as the "Merit
Review Board") shall be established in the Defense Acquisition Program Administration
to select recipients of R&D bounty as referred
to in Article 34.
(2) The Merit Review Board shall be composed of not more than 15 members, including
a chairperson, and the Vice
Administrator of the Defense Acquisition Program
Administration shall be the chairperson and persons commissioned by the Administrator
of the Defense Acquisition Program Administration from among public officials of director
level of relevant central administrative
agencies, officers and employees of national
and public research institutes, and persons with ample knowledge and experience in
the field of national defense science shall be members.
(3) Public officials, and officers and employees of national and public
research institutes
from among members of the Merit Review Board shall hold office during the period
when they are in office. The
term of office of civilian members shall be two years on
condition that they may be reappointed no more than twice.
(4) A working-level
board may be established in the Merit Review Board to conduct
a preliminary examination for the selection of recipients of bounty.
(5) Allowances and traveling expenses may be paid to members present at meetings
of the Merit Review Board and working-level board:
Provided, That the same shall
not apply to cases where a member who is a public official attends such meetings in
direct connection
with his/her duties.
(6) Other necessary matters concerning the organization and operation of the Merit
Review Board and working-level board shall be
determined by the chairperson, subject
to resolutions of the Merit Review Board.
Article 36 (Designation of Guarantee Institution)
The application for designation of a guarantee institution under Article 57 (2)
1 of
the Decree shall be made in Form No. 9.
Article 37 (Application for Transfer or Lending of National Property)
The application for the use, lending or transfer of national
property under Article 59
(6) of the Decree shall be made using Form No. 10, being an application form for
the transfer or lending
of national property.
Article 38 (Cancellation of Commissioning of Specialized Research Institute)
(1) In cases where any of the following cases arises,
the Administrator of the Defense
Acquisition Program Administration may cancel commissioning of specialized research
institutes
under Article 63 (1) 3 of the Decree:
1. Cases where it is unnecessary to continue to commission a specialized research institute
because it has attained the objective
of commissioning; and
2. Cases where a specialized research institute which has become short of facilities or
technical capability considerably in comparison
to the time when it was commissioned
as a specialized research institute failed to comply with the request of the Administrator
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of the Defense Acquisition Program Administration for supplementation.
(2) The Administrator of the Defense Acquisition Program
Administration shall examine
whether or not to cancel commissioning of a specialized research institute, evaluating the
specialized
research institute in terms of the results of research, state of management,
contribution to the defense industry, etc. every three
years.
CHAPTER SUPPLEMENTARY PROVISIONS
Article 39 (Applications for Approval of Production and Sales Contract for Defense
Materials)
Applications for approval of the establishment of production and sales contracts for
defense materials under Article 65 (1) of the
Decree shall be made in Form No. 11,
being an application form for approval of the establishment of production and sales
contracts
for defense materials.
Article 40 (Application for Permission for Manufacturing Business, etc. of Military
Firearms, Swords, Explosives, etc.)
(1) A person who intends to run a manufacturing business of military firearms, swords,
explosives, etc. (hereinafter referred to
as "military firearms and others") under Article
53 (1) of the Act or a person who intends to alter manufactured articles shall
submit
an application for permission for the manufacturing business of military firearms and
others, and alteration of manufactured
articles in Form No. 12 to the Administrator
of the Defense Acquisition Program Administration, attaching the documents in each
of the following subparagraphs:
1. A copy of business plan;
2. A copy of hazard and disaster prevention plan; and
3. A copy of plan for safety eduction for employees and safety inspection.
(2) The Administrator of the Defense Acquisition Program
Administration shall, upon
receipt of an application for permission for the manufacturing business of military firearms
and others
and alteration of manufactured articles under paragraph (1), have the Agency
for Defense Development conduct a field inspection
as to whether it is in conformity
with the criteria for permission and determine whether to grant permission according
to the results
thereof.
(3) Matters necessary for the criteria for permission, methods of inspection, etc. under
paragraph (2) shall be determined by the
Administrator of the Defense Acquisition
Program Administration.
Article 41 (Permission for Construction and Modification of Manufacturing Facilities,
etc. of Military Firearms and others)
(1) In cases where a person who has obtained permission for running a manufacturing
business of military firearms and others under
Article 40 or a specialized research institute
engaged in the R&D of military firearms and others for military use intends to construct
or modify manufacturing facilities, repositories, laboratories, etc. (hereinafter referred to
as "manufacturing facilities and
others") of military firearms and others, such person or
specialized research institute shall submit an application for permission
for the construction
and modification of manufacturing facilities and others in Form No. 13 to the Administrator
of the Defense
Acquisition Program Administration, attaching the documents in each of
the following subparagraphs:
1. A copy of business plan reflecting the construction and modification of manufacturing
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facilities and others;
2. A copy of hazard and disaster prevention plan; and
3. A copy of the map of manufacturing facilities and others and layout plan of facilities.
(2) The Administrator of the Defense Acquisition
Program Administration shall, upon receipt
of an application for permission for the construction and modification of manufacturing
facilities and others under paragraph (1), have the Agency for Defense Development conduct
a safety inspection for the construction
and modification of manufacturing facilities and
others, and determine whether to grant permission according to the results thereof.
(3) Necessary matters concerning the criteria for safety inspection under paragraph (2)
shall be determined by the Administrator
of the Defense Acquisition Program Administration
on condition that the safety distance and form of structures installed inside
the factory
for the manufacturing process of explosives from among manufacturing facilities comply
with the criteria in annexed
Table 1.
Article 42 (Completion Inspection)
(1) The head of a manufacturing company or specialized research institute which has
completed the construction or modification of
manufacturing facilities and others shall
receive a completion inspection under conditions prescribed by the Administrator of the
Defense Acquisition Program Administration within 20 days from the date of completion
of construction or modification work of the
relevant manufacturing facilities and others.
(2) A person who intends to receive a completion inspection under paragraph (1) shall
submit an application for completion inspection in Form No. 14 to the Administrator of
the Defense Acquisition Program Administration,
attaching the documents in each of the
following subparagraphs:
1. A copy of layout plan of facilities; and
2. A copy of specifications of manufacturing facilities.
Article 43 (Safety Inspection of Manufacturing Facilities and Others)
The
Administrator of the Defense Acquisition Program Administration shall have a
superintendent dispatched under Article 66 (1) of the
Decree, relevant public official,
and the head of a military unit or organization as designated by the Minister of National
Defense
conduct a safety inspection in terms of the matters in each of the following
subparagraphs for manufacturing companies of military
firearms and others or specialized
research institutes at least once a year:
1. The state of safety supervision of authorized manufacturing facilities and others; and
2. The state of safety supervision of manufacturing equipment, and power supply and
firefighting equipment of manufacturing facilities
and others.
Article 44 (Reserve and Management of Raw Materials for Defense Materials)
(1) The Administrator of the Defense Acquisition
Program Administration may, if necessary
to reserve raw materials for defense materials, request the Chief of Staff of each Service
to reserve and manage them.
(2) In cases where the Chief of Staff of each Service has received a request for reserving
and managing raw materials for defense
materials under paragraph (1), he/she shall
designate a military unit to reserve and manage the relevant raw materials (hereinafter
referred to as a "reserving military unit") through consulting with the Administrator of
the Defense Acquisition Program Administration,
taking into consideration the size of storage
facility, distance of transportation, characteristics of raw materials, etc.
Article
45 (Kinds and Quantities of Raw Materials to be Reserved)
(1) The kinds and quantities of raw materials to be reserved under Article
67 (1) of the
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1997 by the Korea Legislation Research Institute, Seoul, Korea
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Decree shall comply with the criteria in each of the following subparagraphs:
1. Raw materials to be reserved:
(a) Articles depending on importation and requiring a long period of time for importation;
(b)
Articles, the supply of which is unable to meet the essential requirements even
when it is replaceable with domestic articles;
(c) Articles of various kinds and small quantity, which have difficulties in R&D and
prototyping for localization due to their low
economic feasibility; and
(d) Articles which are expected to be considerably economical to be purchased in advance
because the
international prices of raw materials are increasing, or deemed difficult
to be imported in the future; and
2. Quantity of raw materials to be reserved: The quantity to meet the requirements for
the urgent production of defense materials
or the quantity to meet the maximum
manufacturing capacity of defense contractors within the period of placing an order
for or
delivery of raw materials.
(2) In cases where it is not appropriate to reserve a raw material which has become a
raw material to be reserved under paragraph
(1) 1 in the original form due to concern
over deterioration, etc., parts manufactured by using such raw material may become a
raw material to be reserved.
Article 46 (Specifications and Quality Inspection)
The head of a defense contractor shall, when he/she imports or purchases a raw
material
to be reserved, receive a specification and quality inspection, submitting a sample of the
raw material, technical data
in the contract for the relevant article, the results of technical
tests, documents on technical characteristics and dimensions,
etc. to the Administrator
of the Defense Acquisition Program Administration.
Article 47 (Methods of Storage, etc.)
(1) The head of a defense contractor shall import or purchase raw materials in packing
units allowing long-term storage in order
to eliminate deterioration, damage or loss during
storage.
(2) Raw materials shall be stored indoors by lots or by packing units in principle on condition
that storage of each article is
circulated according to the term of validity of storage which
is determined by the Administrator of the Defense Acquisition Program
Administration,
and a book in which the name of articles, storage number, drawing number, specification
number, year of manufacture,
name of manufacturer are entered shall be kept in the place
of storage.
(3) The Administrator of the Defense Acquisition Program Administration shall inspect
the state of storage of raw materials, etc.
at least twice a year periodically, and maintain
and manage records on the results thereof.
Article 48 (Order for Reservation)
When the Administrator of the Defense Acquisition Program Administration orders defense
contractors to reserve raw materials under
Article 67 (2) of the Decree, he/she shall indicate
the following matters:
1. Articles and quantities to be reserved, and term to be reserved;
2. Place of storage;
3. Quality assurance institution;
4. Matters concerning required financial resources (including expenses for samples); and
5. Other necessary matters concerning reservation of raw materials.
Article 49 (Lending of Reserved Raw Materials)
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(1) In cases where the Administrator of the Defense Acquisition Program Administration
lends reserved raw materials which are national
property under Article 45 of the Act,
he/she shall take measures for the preservation of credit, which fall under any of the
following
subparagraphs: Provided, That the same shall not apply to cases of lending reserved
raw materials to specialized research institutes:
1. Guarantee of payment by banks;
2. Guarantee insurance policy of which insured person is the State;
3. Joint liability for guarantee by not less than two defense contractors having the ability
to preserve the credit; and
4. Guarantee by a guarantee institution as referred to in Article 43 (1) of the Act.
(2) The lending of reserved raw materials under
paragraph (1) shall be requested using
Form No. 15, being a contract for lending reserved raw materials on condition that it
undergoes
technical inspections conducted by quality assurance institutions in terms of
specifications, quality, etc.
Article 50 (Return of Borrowed Raw Materials)
(1) In cases where a person who has borrowed reserved raw materials under Article 49
intends to return the borrowed raw materials,
he/she shall do so with raw materials of
the same kind, same quantity and same quality as those of the borrowed raw materials.
But, he/she may return raw materials which can be domestically produced with domestically
produced raw materials and raw materials
which cannot be domestically produced with
imported raw materials: Provided, That in cases where no demand is expected due to
changes,
etc. in weapon systems, or there is concern over deterioration resulting from
long-term storage, the Administrator of the Defense
Acquisition Program Administration
may designate alternative articles for him/her to return.
(2) The Administrator of the Defense
Acquisition Program Administration may, if he/she
deems that there are urgent requirements for the production of defense materials,
have
a person who has borrowed raw materials return the borrowed raw materials before the
end of the term of lending.
(3) In cases where a person who has borrowed raw materials has an inevitable cause which
makes him/her unable to return under paragraph
(2), he/she shall notify the Administrator
of the Defense Acquisition Program Administration of the cause without delay.
(4) The
Administrator of the Defense Acquisition Program Administration may, when
a person who has borrowed raw materials fails to return
the raw materials after the end
of the term of lending, have him/her repay the value calculated at the domestic market
price at
the time of returning: Provided, That in cases where it is recognized that the
domestic market price has not formed or the application
of the domestic market price
is unreasonable, repayment may be made based on the import price at the time of return.
(5) The Administrator
of the Defense Acquisition Program Administration may, when it
is deemed impossible to get the borrowed raw materials returned due
to unavoidable causes,
extend the term of lending or postpone repayment.
(6) The provision of Article 49 (2) shall apply mutatis
mutandis to technical inspections
of raw materials to be returned in terms of specifications, quality, etc.
Article 51 (Payment
of Expenses)
Various kinds of expenses incurred in the lending or return of raw materials, quality
inspections accompanying lending or return,
etc. shall be borne by a person who has borrowed
the raw materials: Provided, That when the Administrator of the Defense Acquisition
Program
Administration has a defense contractor or a specialized research institute borrow reserved
ENFORCEMENT RULES ON THE DEFENSE
ACQUISITION PROGRAM ACT
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Copyright 1997 by the Korea Legislation Research Institute,
Seoul, Korea
17
raw materials to use them preferentially in accordance with Article 53 (2), the expenses
for quality inspections conducted for lending
or return shall be exempted.
Article 52 (Approval for Use of Reserved Raw Materials)
(1) When a defense contractor which reserves
raw materials intends to use the reserved
raw materials due to the occurrence of urgent requirements of defense materials, etc.,
he/she shall obtain approval of the Administrator of the Defense Acquisition Program
Administration, submitting the documents in
each of the following subparagraphs:
1. A copy of a document indicating the purpose of use, article, specifications, quantity,
period of use, plan to replenish the used
raw materials, etc.; and
2. A copy of a document to prove the necessity for such use.
(2) The use of reserved raw materials under paragraph (1) shall be limited
to 50 percent
of raw materials reserved by a defense contractor in principle: Provided, That the same
shall not apply to cases
which fall under any of the following subparagraphs:
1. Cases where two years have passed since storage or there is concern over deterioration;
2. Cases where sharp decrease or suspension of demand is expected in the future due
to changes in weapon systems;
3. Cases where it is inevitable to use the whole quantity of a raw material because the
raw material is reserved in units, such as
lots, drums, rolls, etc.; and
4. Cases where the timely delivery of defense materials is difficult due to delayed arrival
of raw materials even though an order
for the raw materials was placed for the
manufacturing of the defense materials.
(3) The provisions of Article 50 (1) and (3) through (6) shall apply mutatis mutandis
to the replenishment of raw materials used
by a defense contractor under paragraph (1).
In such cases, the "term of lending," "borrowed" and "return" as mentioned in the same
Article shall be considered to be the "term of guarantee," "used" and "replenishment,"
respectively.
Article 53 (Approval for Replacement of Reserved Raw Materials)
(1) When a defense contractor reserving raw materials intends to
replace the reserved
raw materials with raw materials in his/her possession of the same kind, same quantity
and same quality as
those of the reserved raw materials as there is concern over deterioration
resulting from continuous storage or they are deemed
to require circulatory storage, he/she
shall obtain approval of the Administrator of the Defense Acquisition Program
Administration.
(2) The Administrator of the Defense Acquisition Program Administration may, when it
is deemed that there is concern over deterioration
as a result of inspecting reserved raw
materials which are national property or circulatory storage is required, request a defense
contractor or a specialized research institute to borrow reserved raw materials to use them
preferentially.
Article 54 (Extension of Term of Reserving)
The Administrator of the Defense Acquisition Program Administration may, when it is
necessary to continue to reserve raw materials
even after the end of the term of reserving,
extend the term of reserving and postpone repayment of loans provided as funds to secure
reserved raw materials.
Article 55 (Notification of State of Reserves)
(1) The head of a reserving military unit or the head of a defense contractor shall, when
he/she has reserved raw materials in accordance
with these Rules or when there is concern
over deterioration of reserved raw materials or when a cause arises for increase and decrease
in the quantity of reserved raw materials, notify the Administrator of the Defense Acquisition
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ACQUISITION PROGRAM ACT
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Copyright 1997 by the Korea Legislation Research Institute,
Seoul, Korea
18
Program Administration of the cause without delay.
(2) The head of a reserving military unit or the head of a defense contractor
shall notify
the Administrator of the Defense Acquisition Program Administration of the state of reserved
raw materials by the
end of the month following each of June 30 and December 31.
(3) The notice under paragraphs (1) and (2) shall be made in Form No.
16, being a notice
of state of reserved raw materials.
Article 56 (Permission for Export of Major Defense Materials, etc.)
(1) The report on export business or brokerage business of major
defense materials and
national defense science and technology under Article 68 (1) of the Decree shall be made
in Form No. 17,
and the documents to be attached thereto shall be as mentioned in each
of the following subparagraphs: Provided, That in cases where
a defense contractor makes
a report on export business of major defense materials, the documents under subparagraphs
2 and 3 may
be omitted:
1. A copy of a certificate of trade business code;
2. A copy of the result of security measurement; and
3. Other documents falling under any of the following items:
(a) The results of export of major defense materials or the total of
results of export
of major defense materials for the preceding three years;
(b) A valid preliminary approval for export or request
for purchase; and
(c) In cases of a foreign company or a foreigner, a letter of recommendation of the
relevant foreign government
and a letter of confirmation of a military attache to
the relevant foreign embassy in the Republic of Korea.
(2) The certificate
of report on export business or brokerage business under Article 68
(2) of the Decree shall be issued in Form No. 18.
(3) A person
who intends to obtain permission for exporting defense materials or national
defense science and technology under Article 68 (3)
of the Decree shall submit an application
for permission for export in Form No. 19 to the Administrator of the Defense Acquisition
Program Administration or the Minister of Knowledge Economy, attaching a copy of export
letter of credit thereto: Provided, That
a person who intends to obtain permission for
exporting national defense science and technology shall attach the documents in each
of
the following subparagraphs additionally:
1. A copy of draft export contract;
2. A copy of statement on the acquisition of the relevant technology;
3. A copy of statement on the relationship between the import country and the person
who intends to obtain permission for export;
and
4. A copy of statement on the impact of the export of the relevant technology on Korea
and overseas.
(4) A person who intends to obtain approval of the Administrator of the Defense Acquisition
Program Administration to export the
samples of major defense materials shall make an
application for permission for export of samples of major defense materials in
Form No.
20.
Article 57 (Preliminary Approval for Export and Approval for Participation in International
Bidding)
(1) A person who intends to engage in business negotiations before obtaining permission
for exporting major defense materials and
national defense science and technology under
Article 57 (3) of the Act shall submit an application for preliminary approval for
export
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in Form No. 21, and a person who intends to participate in international bidding, an
application for approval for participation
in international bidding in Form No. 22 to the
Administrator of the Defense Acquisition Program Administration, attaching the documents
in each of the following subparagraphs thereto:
1. A copy of certificate of report on trading business;
2. A copy of request for purchase issued by the government of the purchasing country
or the agent thereof; and
3. In cases where issuance of the document under subparagraph 2 is difficult due to the
practices of the purchasing country, a copy
of statement on information on the purchase
as confirmed by the head of or a military attache to a legation in the purchasing country
or any reliable organization, and account of obtaining the information.
(2) When the Administrator of the Defense Acquisition Program
Administration grants
preliminary approval for export or approval for participation in international bidding under
paragraph (1),
if there is concern over the occurrence of diplomatic or security problems
as the relevant defense materials flow into a third country,
he/she shall consult with the
heads of relevant organs in advance.
(3) The Administrator of the Defense Acquisition Program Administration shall, when
he/she deems necessary for granting preliminary
approval for export or approval for
participation in international bidding, have the following documents submitted, other than
the documents in each subparagraph of paragraph (1):
1. A copy of certificate of end user or a letter of guarantee on prohibition from selling
to a third country, issued by the government
of the purchasing country;
2. A copy of letter of confirmation issued by the head of a legation in the purchasing
country on the certificate of end user or
letter of confirmation under subparagraph
1; and
3. A copy of manufacturer's offer sheet.
(4) In cases where there are not less than two applicants for the same matter, preliminary
approval for export or approval for participation in international bidding shall be granted
to one person according to the criteria
in annexed Table 2: Provided, That when not less
than two persons apply for domestically produced articles having different characteristics
from one another as the purchaser fails to determine exact specifications of the article
to be purchase, approval may be granted
to not less than two persons.
(5) The term of validity of preliminary approval for export shall be one year from the
date on which
such approval is granted and may be extended once for up to one year
if necessary, evaluating business negotiations, etc. of the
person who has obtained such
approval.
(6) The term of validity of approval for participation in international bidding shall be
the date of termination of the relevant
international bidding: Provided, That in cases
where the relevant international bidding is postponed, the extension of the term
of validity
shall not exceed one year.
ADDENDA
These Rules shall enter into force on the date of their promulgation.
Article 2 (Repeal of Other Acts and Subordinate Statutes)
The Enforcement Rules of the Act on Special Measures for Defense Industry are hereby
repealed.
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Article 3 (Transitional Measures concerning Specialized Enterprises and Systematized
Enterprises, etc.)
The provisions of the former Enforcement Rules of the Act on Special Measures for Defense
Industry shall apply to specialized enterprises,
systematized enterprises and materials
for the period from the enforcement date of these Rules to December 31, 2008 in accordance
with the provisions of the former Enforcement Rules of the Act on Special Measures for
Defense Industry at the time when these
Rules enter into force. In such cases, the Minister
of National Defense shall be deemed the Administrator of the Defense Acquisition
Program
Administration.
Article 4 (Transitional Measures concerning Manufacturing Facilities and Others of
Military Firearms and Others)
In cases where permission for the construction or modification of manufacturing facilities,
repositories, laboratories, etc. of
military firearms, etc. has been obtained under the former
Enforcement Rules of the Act on Special Measures for Defense Industry
at the time when
these Rules enter into force, it shall be considered to have been obtained under Article
41.
Article 5 (Transitional Measures concerning Reserving Military Units )
Reserving military units designated under the former
Enforcement Rules of the Act on
Special Measures for Defense Industry at the time when these Rules enter into force and
raw materials
reserved by the reserving military units shall be deemed reserving military
units designated under Article 44 and raw materials
reserved by the reserving military
units.
Article 6 (Transitional Measures concerning Reserved Raw Materials)
Raw materials which defense contractors keep in reserve or have
obtained approval for
lending, use, replacement, etc. under the former Enforcement Rules of the Act on Special
Measures for Defense
Industry at the time when these Rules enter into force shall be
deemed raw materials reserved or approved for lending, use or replacement
under these
Rules.
Article 7 Omitted.
Article 8 (Relationship with Other Acts or Subordinate Statutes)
In cases where the provisions of the former Enforcement Rules of
the Act on Special Measures
for the Defense Industry are cited in other Acts or subordinate statutes at the time when
these Rules
enter into force, if there are corresponding provisions in these Rules, these
Rules or the corresponding provisions of these Rules
shall be deemed to have been cited
in lieu of the former provisions.
ADDENDUM
These Rules shall enter into force on the date of their promulgation.
Articles 2 and 3 Omitted.
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[Table 1]
Criteria for Safety Distance and Form of Structures (Factory Laboratories)
Installed inside the Factory for Manufacturing Process
of Military Explosives
(in connection with Article 41 (3))
1. The dangerous factory laboratory of explosives of grades 1.1, 1.2 and 1.6 the
backlog capacity of which is less than 23 kilograms,
shall have a structure able to
completely sustain explosive pressure at the time of explosion (hereinafter
referred to as an "explosion-preventative
structure");
2. The dangerous factory laboratory of explosives of grades 1.1, 1.2 and 1.6 the
backlog capacity of which is not less than 23 kilograms
shall have a structure
unable to completely sustain explosion pressure at the time of explosion
(hereinafter referred to as "quasi-explosion-preventative
structure");
3. The three walls of an explosion-preventative structure facing directions to
intercept explosion, except for the wall facing the
direction where explosion takes
place shall be built of reinforced concrete of not less than 20 cm thick to sustain
explosion,
and a natural protective wall or artificial protective wall of not less
than 20 cm thick to cut off explosive pressure shall be
installed in the direction
of the entrance;
4. The thickness of the three walls of a quasi-preventative structure, except for
the wall facing the direction where explosion takes
place shall be determined by
the Minister of National Defense;
5. A factory laboratory of explosives of grades 1.1 and 1.2 shall be installed to
face a mountain or protective wall facing the direction
where explosion takes
place, taking advantage of natural topography. If no such natural topography
exists, artificial walls on
four sides shall be installed in accordance with the
criteria as set by the Minister of National Defense;
6. A factory laboratory of explosives of grade 1.3 shall have a structure so as to
be able to contain fire (hereinafter referred
to as a "fireproof structure") with
four walls built of reinforced concrete of not less than 15 cm thick or reinforced
concrete
blocks of not less than 20 cm thick;
7. A factory laboratory of explosives of grade 1.4 shall, if powder used as a raw
material is used, have a fireproof structure;
8. The entrance of a factory laboratory shall be installed in accordance with the
criteria in each of the following items:
(a) The entrance to a factory laboratory shall be not less than 76 cm wide and
not less than 198 cm high at minimum, and located
opposite to or beside the
place where explosives are placed, and at least two entrances shall be secured,
except in cases where
there are not more than two operators;
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(b) In cases of a factory laboratory having not less than eight operators, one
entrance shall be additionally installed for every
input of five operators, and every
entrance shall be installed within a distance of 8 meters from the operator; and
(c) The entrance
shall be installed so as to lead directly to the outside of a
building without passing through corridors or other rooms, and the
door shall be
designed to open from within.
9. The roof of a factory laboratory shall be built of fireproof materials, and the
roof of a factory laboratory where debris flies
at the time of explosion shall be
built of concrete slabs not less than 20 cm thick to prevent debris from flying;
10. The separating walls inside the factory laboratory shall be built of reinforced
concrete not less than 30 cm thick and the backlog
capacity shall be not more
than 2.3 tones;
11. The zones of a factory laboratory, which are feared to catch fire because of
electric installations (hereinafter referred to
as "explosion-preventative zone")
shall have electrical installations of explosion-preventative type.
12. The lightning conductor of a factory laboratory shall be installed in
accordance with the criteria as set by the Minister of
National Defense on
condition that the grounding resistance shall not exceed 10 ohms( );
13 The ventilation system of a factory
laboratory shall be natural ventilation in
principle on condition that local ventilation system of explosion-preventative type
shall be installed when work producing the dust of powder and explosive gas is
under way;
14. The floor of a factory laboratory, which is exposed to priming powders,
electric ignition circuits, dust of power and steam shall
be built of conductive
materials, and the conductivity of the floor shall not exceed 250 kilohms ( );
15. An explosion-preventative zone shall be established around the factory
laboratory as wide as 16 meters from the end of a structure,
and combustibles or
inflammables shall not be kept inside the explosion-preventative zone; and
16. A factory laboratory in danger of catching fire shall be equipped with suitable
firefighting equipment, fire extinguishers, etc.
and have fire signs attached as
determined by the Minister of National Defense.
Remarks
1. The term "factory laboratory" means a structure installed in a factory for the
process of manufacturing explosives.
2. The term "dangerous factory laboratory" means a factory laboratory which is in
danger of catching fire or exploding.
3. The term "backlog capacity" means the maximum quantity of powder which can
be stored in the same factory laboratory.
4. The term "explosives of grade 1.1 means explosives which are expected to
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM
ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
23
accompany the risk of large explosion and detonation blast when ignited, such as
an explosive of mass detonation, propellant, mine,
bomb, ammunitions for
explosive disposal, missile warhead, rocket, projectile filled with composition B or
T. N. T, cluster bomb
unit of mass detonation for killing people, or ammunition
components of mass detonation.
5. The term "explosives of grade 1.2" means explosives which are expected to
accompany the risks of flying debris and detonation
blast, and the magnitude of
danger of which varies according to the condition of storage, packing and the
amount of explosives.
6. The term "explosives of grade 1.3" means explosives at risk of mass fire and
which combust so quickly at the time when a fire
occurs that it is extremely
difficult to extinguish the accompanying fire.
7. The term "explosives of grade 1.4" means explosives at risk of fire, but not in
danger of detonation blast.
8. The term "explosives of grade 1.6" means toxic chemical agents which are
assembled with the components of explosives or with chemical
agents only, and at
risk of weak detonation blast and debris.
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
24
[Table 2]
Criteria for Granting Preliminary Approval for Export and Selection of Participants
in International Bidding (in connection with
Article 57 (4))
Items Weight Applicable Criteria
1. Accuracy in documentation:
(a) Submission of letter of intent (LOI)
(original) issued by the government of
the purchasing country;
(10)
7
(a) In cases where items (a) and
(b) overlap, item (a) shall apply;
(b) Submission of documents similar to
the letter of intent (LOI); and
7 In cases where the government of
the purchasing country does not
issue a LOI
(c) Obtaining recommendation from a
local attache or a public government
agency (excluding cases of simple
confirmation) by an official document;
3
2. Contribution of defense materials to
export (for the preceding three years):
(a) Results of export to the relevant
country;
(b) Results of export of the relevant
article;
(c) Results of exporting the relevant
article to the relevant country;
(d) Results of export of similar
articles; and
(e) Others (result of export of the
relevant year, state of permission for
export, etc.);
(55)
10
10
20
10
5
Weight × annual rate of allotment
of points
×
Results of the relevant
company
Largest result among
applicants
Annual rate of allotment of
points:
Within two years from the
relevant year: 20%
Within one year from the relevant
year: 30%
Concerned year : 50%
Provided, That in cases where
there is a result of export of
articles which require not less
than two or three years of
manufacturing, such as a naval
vessel within the last three years,
the year in which the order was
received shall be considered as
the relevant year, retrospectively
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
25
The weight for the result of
export of a manufacturer which
exported through other exporting
companies shall be 75%.
3. The extent of efforts to be make in
export negotiations:
(a) In cases during the validity of
preliminary approval for export or
approval for participation in
international bidding;
(25)
10 The vested right shall be
accepted but if there is a
company making ill use of it, it
shall be excluded from
recommendation.
(b) Companies with the largest number
of applications for preliminary
approval for export, approval for
participation in international bidding or
permission for export of samples;
5 Two points, three points and five
points shall be given to
companies in the order of the
largest number of applications in
connection with the relevant
country for the last three years,
respectively.
(c) Promotion activities (invitation of
relevant figures, etc.)
10
4. The degree of advantageousness in
export negotiations:
(a) Having its own manufacturing
facilities; and
(b) Having a branch office established
in the relevant country;
(5)
3
2
5. Report on the progress of export
negotiations, etc.; and
5 Five points, three points and two
points shall be given to
companies in the order of
superiority in terms of report on
export negotiations, etc. in
connection with the relevant
article and concerned country,
respectively.
6. In cases of being punished with
warning or heavier:
(a) Warning; and
(b) Criminal penalties
(-15)
-5
-10
It shall be aggregated for every
violation based on control during
the preceding three years.
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the
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26
[Form 1]
Pledge of Integrity (by government organs and government-invested organs)
Date:
Dear Administrator of the Defense Acquisition Program Administration,
I hereby swear to carry out defense acquisition programs in
a fair and transparent
manner, following the procedures provided for in relevant Acts and subordinate
statues, and if I violate
the following matters in the course of doing so, I will
face the liability under the relevant Acts and subordinate statues:
I will
not demand or receive money or other goods, entertainment, or undue
profits in connection with my duties, no matter what the reason
may be;
I will not provide specific information on defense acquisition programs of which I
have become aware in the course of conducting
my duties to any relevant
organization or individual, and will not seek personal profits, taking advantage
thereof;
I will not seek undue profits or cause other persons to seek undue profits by
using my position and will not arrange or solicit
acts to undermine fairness in the
performance of duties.
In the event that my duties are related to matters in which I or my relatives in
four degrees of relationship are personally interested,
I will deal with the relevant
duties after consulting with the person in charge of public officials' code of
conduct on the evasion
of the relevant duties.
Pledger's Name:
Position:
Name of Organization: (Sign)
210 297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the
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[Form No. 2]
Pledge of Integrity (by defense contractors, research institutes, etc.)
Date:
Dear Administrator of the Defense Acquisition Program Administration,
Being aware that transparent business management and fair
administration are key
to social development and the enhancement of national competitiveness and in
concert with the purpose of
pledge of integrity for the performance of contracts
to keep pace with the OECD Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions in force internationally and the
trend of reinforcing sanctions on corrupt enterprises
and nations, we hereby
swear to observe the following matters when participating in the invitation of
bidders and contractors by
the Defense Acquisition Program Administration on
____(Month)____(Day), ____(Year):
1. We will not engaged in unfair conduct, such as advance announcement of
contract price, collusion for the successful bidding of
a specific person, or unfairly
undermining free competition in bidding through arrangement, resolution or
agreement with another
company;
2. We will not offer or promise to offer money, other goods or entertainment, etc.
to relevant public officials directly or indirectly
in the course of bidding,
concluding contracts and performing contracts;
3. In the event that we violate subparagraphs 1 and 2 in the above, we will
accept any measure provided for in the Defense Acquisition
Program Act, such as
cancellation of decision on a successful bidder, cancellation, revocation or
termination of a contract or
restriction on qualifications for participation in
bidding, and will not claim for compensation or bring a civil or criminal action
against the administrator of the Defense Acquisition Program Administration;
4. We will prohibit our officers and employees from offering bribery to relevant
public officials and engaging in unfair conduct,
such as collusion and will not
inflict any disadvantage on whistleblowers;
5. In the establishment and performance of a subcontract in connection with this
case, we will not receive money or other goods from
subcontractors or engage in
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of
Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
28
undue or unfair conduct by taking advantage of superior position as a contractor;
and
6. In the event that we are declared after becoming a successful bidder, we will
specify the matters in the above as special terms
and conditions in the contract
as they are to be performed.
Pledger (representative or officer)'s Name:
Company Name (company code: ): (Sign or Seal)
210 297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the
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29
[Form No. 3] (Front Side)
Application for Designation of Defense Materials
Period of
Processing
Three Months
Company Name
Representative Telephone No.
Type of Business and Major Products
Article
Requested to
be
Designated
as Defense
Material
Concept of Operation
Resources and Characteristics See Attachment
State of Development
Quantity Required (Mid-term
Plan)
Record and Plan of Localization
Economic Feasibility
(Comparison with That of
Similar Equipment)
Record and Capacity of
Production
Necessity for Designation as
Defense Material
General Overview of Company
Certificate of Registration of
Foreigner-Invested Enterprise
Fee
None
Dear Administrator of the Defense Acquisition Program Adminstration,
We hereby request you to designate the above article as defense
material in
accordance with Article 39 (3) of the Enforcement Decree of the Defense
Acquisition Program Act.
Date:
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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30
This application form is processed as follows: (Backside)
Applicant
(Company)
Administering Organ Cooperating Organ
Defense Acquisition
Program Administration
(Department in charge of
Defense Materials)
The Ministry of Commerce,
Industry and Energy
(Department in charge of
Defense Acquisition
Programs)
Application Examination
Consultation
·Examination of
necessity for
designation of
defense materials
·Examination on
the company's
capacity to
produce defense
materials
Notification of
results
Determination
Notification
of results
Recommen
dation of
defense
contractor
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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31
[Form No. 4] (Front Side)
Application for Designation of Defense Contractor
Period of Processing
Six months
Applicant
Address
Company name and
representative
Telephone No.
Matters
concerning
Application
Type of business and
major products
Manufactured
defense articles
Dear Minister of Commerce, Industry and Energy,
We hereby apply to be designated as a defense contractor as stated above in
accordance with Article 35 (1) of the Defense Acquisition
Program Act and
Article 41 (1) of the Enforcement Decree of the same Act.
Date :
Applicant : (Sign or Seal)
Attac
hme
nts
Documents to be submitted by
applicant
Matters to be confirmed by
public official in charge (In
cases of objection to
confirmation by public
official in charge, relevant
documents should be
submitted)
Fee
1. A copy of the articles of
incorporation (limited to corporations);
2. A copy of balance sheet and
statement of profit and losses;
3. A copy of statement of production
facilities and major subsidiary facilities
and statement of their capacity;
4. A copy of the record of raw
materials used and procurement plan;
5. The kind and specifications of
products, and records and plan of
production and sales of the products;
6. A copy of business plan;
A certified transcript copy
of corporate register
None
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
32
7. A copy of plan for fostering
engineers and technicians and
statement of technical ability; and
8. A copy of plan and statement of
safety measures.
In cases where a defense
contractor which has been already
designated as a defense contractor
reapplies to be designated as a
defense contractor to additionally
produce other defense materials, only
the documents under subparagraphs 3
through 6 are required to be attached.
I hereby permit a public official in charge to confirm the matters to be confirmed
by a public official in charge in the above through
the joint use of administrative
information under Article 21 (1) of the Act on Promotion of the Digitalization of
Administrative
Affairs, etc. for Creation of Electronic Government in connection
with this case.
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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33
This application form is processed as
follows:
(Backside)
Applicant
(Company)
Administering Organ Cooperating Organs
Ministry of
Commerce, Industry
and Energy
(Department in
charge of Defense
Acquisition Programs)
Defense Acquisition
Program Administration
(Department in charge of
Defense Materials)
Ministry of
National
Defense
(Department in
charge of
Security
Measurement)
Application Examination
Consultati
on
·Examination of
necessity for
designation of
d e f e n s e
contractor
·Entrustment of
s e c u r i t y
measurement
Security
measure
ment
Recomme
ndation of
defense
contractor
Issue of
certificate
of
designatio
n of
defense
contractor
Determination
Notification
of results
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
34
[Form No. 5]
No.________
Certificate of Designation of Defense Contractor
Address :
Company Name :
Representative : (Date of Birth of Representative : )
I hereby designate the above company as a defense contractor with respect
to
the defense materials the company produces in accordance with Article 35 (1)
of the Defense Acquisition Program Act and Article
41 (3) of the Enforcement
Decree of the same Act.
Date:
Minister of Commerce, Industry and Energy (Seal)
210 ×297 (Permanent Paper (Type ) 70g/ )
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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35
[Form No. 6] (Front Side)
Application for Approval on Transaction, etc. of Defense Contractor
Period of
Processing
20 days
Defe
nse
Cont
ract
or
Trade name
Represe
ntative
Location
Type of Business and
Main Products
Capital
Defense Material
Manufactured
Major stockholder and
ratio (%)
Deta
ils
of
Appl
icati
on
for
Acqu
isitio
n
Person who acquired stocks
or shares
Trade Name
(English)
Nationality
Address
Project planned
Scope (Method) of
Aquisition
Par value per share
Quantit
y
Unit
Price for
Acquisition
<16> Acquisition Value (Equivalent to U$ )
<17> Cause of Acquisition
<18>Amount and rate (%) of investment after acquisition
of stocks or shares
Dear Minister of Commerce, Industry and Energy,
I hereby apply for your approval of the transaction, etc. of the above defense
contractor under Article 35 (3) of the Defense Acquisition
Program Act and
Article 45 of the Enforcement Decree of the same Act.
Date:
Applicant: (Sign or Seal)
Representative of the company: (Sign or Seal)
Documents to be submitted by applicant
(representative)
Matters to be
confirmed by
Fee
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
36
Att
ac
hm
ent
s
public official in
charge (In cases
of objection to
confirmation by
public official in
charge, relevant
documents should
be submitted)
1. A copy of the articles of incorporation (limited to
corporations);
2. A copy of balance sheet and statement of profit
and loss;
3. Documents evidencing acquisition (limited to
cases having matters concerned)
In cases where a person intends to operate an
acquired defense contractor after modifying
production facilities and security requirements, the
documents in each of the following subparagraphs
are required to be additionally attached:
1. A copy of statement of production facilities and
major subsidiary facilities and statement of their
capacity;
2. A copy of record of raw materials used and
procurement plan;
3. The kind and specification of products and a
copy of plan for the production and sales of the
products;
4. A copy of business plan;
5. A copy of plan for fostering engineers and
technicians and statement of technical ability; and
6. A copy of plan and statement of safety
measures.
An attested copy
of corporate
register
None
I hereby permit a public official in charge to confirm the matters to be confirmed
by a public official in charge in the above through
the joint use of administrative
information under Article 21 (1) of the Act on Promotion of the Digitalization of
Administrative
Affairs, etc. for Creation of Electronic Government in connection
with this case.
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
37
This application form is processed as follows: (Backside)
Applicant
Administering Organ Cooperating Organ
Ministry of Commerce,
Industry and Energy
(Department in charge of
defense acquisition
programs)
Defense Acquisition Program
Administration
(Department in charge of
defense materials)
Application Examination
Consultat
ion
· Propriety of the
cause of application
·Security
measurement of the
company
Notification
of result of
examination
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
38
[Form No. 7]
No. ___________
Certificate of Commissioning of Specialized Research Institute
Name of Organization
Representative
Subject of Research
I hereby commission the above organization as a specialized research institute
under subparagraph 10 of Article 3 of the Defense
Acquisition Program Act and
Article 46 (4) of the Enforcement Decree of the same Act.
Date:
Administrator of the Defense Acquisition Program Administration (Seal)
210 ×297 (Permanent Paper(Type ) 70g/ )
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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39
[Form No. 8]
Request for Confirmation of Quality
Period of
Processing
15 days
Company name
Representative
T e l e p h o n e
No.
Type of Business
and Major Products
Details
Name of
Article
Quantity Amount
Quality
Assurance
Institution
Cause
Fee
None
Dear Administrator of the Defense Acquisition Program Administration,
I hereby request you to confirm the quality of the defense
material in the
above in accordance with Article 50 (4) of the Enforcement Decree of the
Defense Acquisition Program Act.
Date:
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
40
[Form No. 9]
Application for Designation of Guarantee Institution
Period of
Processing
60 days
Appli
cant
Trade Name
Name of
Representative
Location (Telephone No. : )
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply to be designated as a guarantee institution
as stated above in
accordance with Article 43 (3) of the Defense Acquisition Program Act and
Article 57 (2) of the Enforcement
Decree of the same Act.
Date:
Applicant:
Attac
hme
nts
Documents to be submitted by Applicant
Matters to be
confirmed by public
official in charge (In
cases of objection to
confirmation by public
official in charge,
relevant documents
should be submitted)
Fee
1. A copy of each document to evidence
the requirements in each subparagraph of
Article 57 (1) of the Defense Acquisition
Program Act; and
2. A copy of document on guarantee such
as the scope of guarantee by guarantee
funds, terms of guarantee contract, ceiling
of guarantee and guarantee fee.
An attested copy of
corporate register
None
I hereby permit a public official in charge to confirm the matters to be
confirmed by a public official in charge of the above matters
through the joint
use of administrative information under Article 21 (1) of the Act on Promotion
of the Digitalization of Administrative
Affairs, etc. for Creation of Electronic
Government in connection with this case.
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
41
[Form No. 10]
Application for Use, Lending and Transfer of National Property
Period of
Processing
20 days
Applica
nt
Name of Representative
Address
Details
of
Applica
tion
Article and
Specifications
Quantity
Period
Property Managing
Authority
(Military Unit)
With or without
compensation
Cause of Application
(Purpose)
Others
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for the use (lending, transfer) of national
property as above in
accordance with Article 45 of the Defense Acquisition Program Act and Article
59 (6) of the Enforcement Decree
of the same Act.
Company Name (Name of Organization):
Applicant (Name of Representative): (Sign or Seal)
Attachment: Use plan
Fee
None
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
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Copyright 1997 by the
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42
[Form No. 11]
(Front)
Application for Approval on Establishment of Production and
Sales Contract of Defense Materials
Period of
Processing
10 days
Applic
ant for
sale
(Purch
ase)
Trade Name or
Name of
Organization
(Name of Company
or Department)
Name
(Representative)
Address
Article Quantity Use Plan
Desired
Time
Method of
Storage
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your approval on the establishment of a
production (sales)
contract for the defense material in the above in accordance with Article 51 of
the Defense Acquisition Program
Act and Article 65 (1) of the Enforcement
Decree of the same Act.
Date:
Applicant: (Sign or Seal)
Attachment: A letter of recommendation of the head of a relevant
central administrative organ
Fee
None
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
43
This application will be processed as
follows:
(Rear)
Applicant
Administering Organ
Department in charge of defense
materials in the Defense Acquisition
Program Administration
Application Receipt
Confirmation
·Whether it is
defense material
·Defense contractor
·Quantity required by
the Services
Notice
-Applicant
- D e f e n s e
contractor
- Q u a l i t y
a s s u r a n c e
institution
Determination
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
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44
[Form No. 12]
(Front)
Firearms
Manufacturing
business Period of
Processing
Military Use Swords
Application
form for
permission
50 days
Explosives
Alteration of
m a n u f a c t u r e d
article
Applicant
Name
Address
(Telephone No.: )
Corporation
Name
Address
(Telephone No.: )
T r a d e
Name
Location
of Office (Telephone No.: )
Purpose
Location
of place of
business
(Telephone No.: )
Categ or y
of business
Product
No.
Expected
m o n t h l y
production
Name of
factory
N u m ber
o f
employees
Commence
ment date
of work
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your permission for the manufacturing business
(alteration
of manufactured article) as stated above in accordance with Article 53 (1) of
the Defense Acquisition Program Act and
Article 66 (2) of the Enforcement
Decree of the same Act.
Date:
Applicant:
Attac
hmen
ts
Documents to be submitted by applicant
Matters to be
confirmed by
public official
Fee
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
45
in charge (In
case of
objection to
confirmation
by public
official in
charge,
relevant
documents
should be
submitted)
1. A copy of business plan;
2. A copy of danger and disaster prevention
plan; and
3. A copy of plan for safety education for
employees and safety checkup
A certified
transcript of
c o r p o r a t e
register
None
I hereby permit a public official in charge to confirm the matters to be
confirmed by a public official in charge in the above matters
through the joint
use of administrative information under Article 21 (1) of the Act on Promotion of
the Digitalization of Administrative
Affairs, etc. for Creation of Electronic
Government in connection with this case.
Applicant: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
46
This application will be processed as
follows:
(Rear)
Applicant
Administering Organs
Department in charge in the
Defense Acquisition Program
Administration
Agency for Defence
Development
Application
·Receipt
·Cooperation in
field inspection
Field inspection
Confirmation of
result of field
inspection
Notice of result
of field
inspection
Notice
Determination of
permission
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
47
[Form No. 13]
(Front)
Military
Use
Firearms Construction
Application
form for
permission
Period of
Processing
Swords
Manufac
turing
facilities
, etc. 50 days
Explosives Modification
Applicant
Name
Address
(Telephone No.: )
Permission No.
Date of
Permission
Name of Business
Establishment
Name of
Representative
Matter to be
Permitted
Construction
Modification
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your permission for the construction (modification)
of
manufacturing facilities, etc. as above in accordance with Article 53 (1) of the
Defense Acquisition Program Administration
and Article 66 (1) of the Enforcement
Decree of the same Act.
Date:
Applicant: (Sign or Seal)
Attachments:
Fee
None
1. A copy of business plan reflecting the construction and modification of
manufacturing facilities, etc.;
2. A copy of danger and disaster prevention plan; and
3. A copy of map of manufacturing facilities and layout plan of facilities
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
48
This application will be processed as follows: (Rear)
Applicant
Administering Organs
Department in charge of the
Defense Acquisition Program
Administration
Agency for Defence
Development
Application
·Receipt
·Cooperation in
field inspection
Field inspection
Confirmation of
result of field
inspection
Notice of result
of field
inspection
Notice
Determination of
permission
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
49
[Form No. 14]
(Front)
Application for Completion Inspection
Period of
Processing
50 days
Applicant
Name
Address (Telephone : )
Permission No.
Date of
Permission
Name of Business
Establishment
Name of
Representative
Location of
B u s i n e s s
Establishment
(Telephone No. : )
Kind and Name of
Facilities
Completion Date
of Construction
Desired date on
which applicant
intends to receive
completion inspection
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply to receive a completion inspection as stated
above in
accordance with Article 53 (1) of the Defense Acquisition Program Act and
Article 66 (1) of the Enforcement Decree of
the same Act.
Date:
Applicant: (Sign or Seal)
Attachments:
1. A copy of layout plan of facilities; and
2. A copy of specifications of manufacturing facilities
Fee
None
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
50
This application will be processed as
follows:
(Rear)
Applicant
Administering Organs
Department in charge in the
Defense Acquisition Program
Administration
Agency for Defense
Development
Application
·Receipt
·Cooperation in
field inspection
Field inspection
Confirmation of
result of field
inspection
Notice of result
of field
inspection
Notice
Decision on
result of
completion
inspection
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
51
[Form No. 15]
Contract for Lending Reserved Raw Materials (Standard Form Contract)
A person who lends reserved raw materials (hereinafter referred
to as the
"lender") and a person who borrows the reserved raw materials (hereinafter
referred to as the "borrower") hereby enter
into a contract for lending reserved
raw materials on the terms and conditions as set forth below:
1. Details of raw materials for lending
Article Specifications Unit Quantity
Unit price
(Price at the time of
lending)
Total
amount
2. The lender shall lend the raw material stated in subparagraph 1 to the
borrower for the period from __(month)___(day), ____(year)
to __(month)___(day),
____(year).
3. The borrower shall not be allowed to use the raw material borrowed for
purposes other than the production of __________.
4. The lender fee shall be _____ won or exempted.
5. The lender shall deliver the article to the borrower within five days from the
establishment of the contract.
6. The lender or borrower shall receive specifications and quality inspection
conducted by a quality assurance institution as determined
by the administrator of
the Defense Acquisition Program Administration at the time of lending or returning
raw materials.
7. The borrower shall, when he/she returns borrowed raw materials to the lender,
return them with raw materials of the same kind,
same quality and same quantity
as those of the raw materials borrowed.
8. The borrower shall, when he/she is unable to return borrowed raw materials
due to inevitable circumstances acceptable to the lender,
repay the value at the
market value at the time of their return.
9. In the event that the borrower fails to return raw materials even after the
termination of the term of lending, he/she shall pay
compensation for determent
equivalent to 1.5/1,000 of the value of the raw materials at the time of lending
for each day in arrears.
10. The borrower shall bear all expenses incurred from lending or return.
11. In cases where the borrower has used raw materials for purposes other than
those stated in clause 3, the lender may cancel this
contract and when the
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
52
contract is cancelled, the borrower shall pay a penalty equivalent to 1.5/1,000 of
the value at the time of return for each day
during the period from the date of
cancellation of the contract to the date of return to the lender.
12. The borrower shall cooperate with measures taken by the lender for
preservation of credit (In cases where the borrower is a specialized
research
institute, this paragraph shall be deleted).
13. In cases where there exist different interpretations of the matters provided in
this contract, it shall be resolved through mutual
agreement between the lender
and the borrower.
Lender: Defense Acquisition Program Administration Name: (Sign or Seal)
Borrower: (Name of defense contractor or specialized research
institute)
Position: Name: (Sign or Seal)
Guarantor: (Sign or Seal)
Guarantor: (Sign or Seal)
210 297 (Ordinary Paper 60g/ (Recycled)
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
53
[Form No. 16]
Document Symbol and Document No. Date:
Name of Organization
Attention:
C.C. :
Subject : Notice of state of reserved raw materials
Order Article
Specif
ication
Unit Quantity
Unit
Price
Amount
Date of
Reserve
Matters
Altered
during
Period
State of
Storage
Prepared by :
Name of military unit (company name) :
Class of position (position):
Name: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
54
[Form No. 17]
Major Defense Materials
National defense science and
technology
Report on Export Business or Brokerage
Business
Trade Name
Telephone
No.
Fax No.
Representative
Name
Address
Fee
None
Dear Administrator of the Defense Acquisition Program Administration,
I hereby report the export business (brokerage business) of
major defense
materials (national defense science and technology) as stated above in accordance
with Article 57 (1) of the Defense
Acquisition Program Act and Article 68 (1) of
the Enforcement Decree of the same Act.
Date:
Reported by: (Sign or Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
55
[Form No. 18]
Major Defense Materials
National defense science
and technology
Certificate of Report on
Export Business or
Brokerage Business
Period of Processing
15 days
Trade name Report No.
Address
Representative
I hereby certify that the above company is an exporter (broker) of major
defense materials (national defense science and technology)
reported pursuant
to Article 57 (1) of the Defense Acquisition Program Act and Article 68 (2) of
the Enforcement Decree of the
same Act.
Date:
Administrator of the Defense Acquisition Program Administration
(Seal)
Confirmed Reported matters
Date of Confirmation Validity Confirmed Remark
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
56
[Form No. 19]
Major Defense Materials
National defense science and
technology
Application for Permission for
Export
Period of
Processing
9 days
Trading Business Report
No.
Letter of Credit
No. or Contract No.
Applicant
Trade
Name
Terms
and
conditions
of
contract
Method
of
Payment
Letter of
Credit( ),
c o l l e c t i o n
bill( ),
r e m i t t a n c e
bill( ),
Others( )
Address
Name Amount
Applicant for the opening
of a letter of credit or the
other party of the contract
Term of
Payment
Origin Destination Price condition
HS code
Article and
specification
Unit and
Quantity
Unit Price Amount
Follow-up Management
Bank
Condition of Permission
<16>Permission No.
Fee
None
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your permission to export major defense
materials (national
defense science and technology) as stated above in accordance with Article 57 (2)
of the Defense Acquisition
Program Act and Article 68 (3) of the Enforcement
Decree of the same Act.
Date:
Applicant: (Sign or Seal)
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
57
Attachment: Export letter of credit (copy)
In cases of a person who intends to obtain permission for export of defense
technologies, the documents in each of the following
subparagraphs are required
to be attached:
1. A copy of draft export contract;
2. A copy of statement of acquisition of the relevant technology;
3. A copy of statement of relationship between the importing country and the
person who intends to obtain permission for export;
and
4. A copy of statement of the impact of the export of the relevant technology on
the home country and abroad
I hereby grant permission for the export of major defense materials (national
defense science and technology) in accordance with
Article 57 (2) of the
Defense Acquisition Program Act and Article 68 (3) of the Enforcement Decree
of the same Act.
Date:
Administrator of the Defense Acquisition Program Administration
(Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
58
[Form No. 20]
Application for Permission for Export of Samples of Major
Defense Materials
Period of Processing
9 days
Appli
cant
Trade Name
Trading Business
(Export Business,
Brokerage Business)
Report No.
Address
Name Permission No.
Article and Purpose
Purpose of export
Importing country
Means of
transportation
Expected Date of
Export
Validity of
Permission
Remark
Fee
None
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for permission to export samples of major defense
materials as
stated above in accordance with Article 57 (2) of the Defense Acquisition
Program Act and Article 68 (3) of the Enforcement
Decree of the same Act.
Date:
Applicant: (Sign or Seal)
I hereby grant permission to export samples of major defense materials in
accordance with Article 57 (3) of the Defense Acquisition
Program Act and
Article 68 (3) of the Enforcement Decree of the same Act.
Date:
Administrator of the Defense Acquisition Program Administration
(Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
59
[Form No. 21]
Major Defense Materials
National defense science and
technology
Application for Preliminary
Approval for Export
Period of
Processing
9 days
Importing
Country
Person expected to
open a letter of credit
and establish a
contract
HS code Article Price Quantity
Estimated
Unit Price
Estimated
Amount
Supplier
Account of
obtaining
information
on export
Method of
export
Record of
export
Preliminary
approval No.
Validity of
preliminary
approval
Conditions
of
preliminary
approval
Fee
None
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your preliminary approval for the export
of major defense
materials (national defense science and technology) as above in accordance with
Article 57 (3) of the Defense
Acquisition Program Act.
Date:
Applicant: (Sign or Seal)
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
60
I hereby grant preliminary approval for the export of major defense materials
(national defense science and technology) in accordance
with Article 57 (3) of
the Defense Acquisition Program Act.
Date:
Administrator of the Defense Acquisition Program Administration
(Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
61
[Form No. 22]
Major Defense
Materials
National defense
science and technology
Application for Approval for
Participation in International Bidding
Period of
Processing
9 days
Applicant
Trade
name
Trading
Business (Export
Business,
Brokerage
Business) Report
No.
Address
Date of
Bidding
C o u n t r y
I n v i t i n g
Bidders
Bidding organization
HS code Article Price
Unit and
Quantity
Estimated
unit price
Estimated
amount
Price
condition
Account of
obtaining
the
information
on bidding
Method of
bidding
Branch office Business trip Agent
Mail Others( )
<16>Record of export of the
concerned article to the
country inviting bidders for the
preceding one year
<17>Supply capacity (Monthly
production capacity)
<18>Expected circumstance of
competition in bidding
Fee
None
ENFORCEMENT RULES ON THE DEFENSE ACQUISITION PROGRAM ACT
Reproduced from Statutes of the Republic of Korea
Copyright 1997 by the
Korea Legislation Research Institute, Seoul, Korea
62
Dear Administrator of the Defense Acquisition Program Administration,
I hereby apply for your approval for participation in international
bidding for
major defense materials (national defense science and technology) in
accordance with Article 57 (3) of the Defense
Acquisition Program Act.
Date: (Sign or Seal)
Applicant:
I hereby grant approval for participation in international bidding for major
defense materials (national defense science and technology)
in accordance with
Article 57 (3) of the Defense Acquisition Program Act.
Date:
Administrator of the Defense Acquisition Program Administration
(Seal)
210 ×297 (Ordinary Paper 60g/ (Recycled))
The Acts and subordinate statutes translated into English herein shall
not be construed as having official authority, Ministry of
National
Defense and the Korea Legislation Research Institute shall bear no
legal responsibility for the accuracy of such translation,
and in case
of any divergence of interpretation of the Korean and English version
thereof, the Korean version shall apply
(
)
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