Article 33(Support for public purchase of innovative products) #
(1) The innovative products under Article 27(1) of the Act (hereinafter referred to as "innovative products") shall be designated following deliberation by the Committee, from among the following products: <Amended on Aug. 16, 2023; Dec. 30, 2025>
1. Products recognized as being technologically innovative by the head of each central government agency (referring to the central government agency under Article 6 of the National Finance Act) in accordance with the standards and procedures determined by him or her in consultation with the Minister of Finance and Economy among products developed through research and development projects under relevant statutes or regulations, such as the Framework Act on Science and Technology;
2. Products recognized as being innovative by the Administrator of the Public Procurement Service in accordance with the standards and procedures determined by him or her in consultation with the Minister of Finance and Economy among prototypes made before commercialization, because it is necessary to secure markets and to support commercialization at an early stage;
3. Other products the publicness and innovativeness of which are recognized by the Committee.
(2) The term of validity of designation of an innovative product designated under Article 27(1) of the Act shall be three years from the date the product is designated and publicly notified pursuant to paragraph (1); provided, where it is deemed necessary that the term of validity of designation shall be separately determined in consideration of the characteristics, etc. of the relevant product, it may be determined separately after deliberation by the Committee <Amended on Aug. 16, 2023>.
(3) If necessary to ensure that innovative products are well received in markets in the public sector and to increase support for market development, etc., the term of validity of designation under paragraph (2) may be extended by up to three years, subject to deliberation by the Committee. <Added on Aug. 16, 2023>
(4) Where the term of validity of designation is separately determined under the proviso of paragraph (2) and is extended under paragraph (3), the head of a relevant central government agency or the Administrator of the Public Procurement Service shall publicly notify the term. <Amended on Aug. 16, 2023>
(5) To support the public purchase of innovative products, the Administrator of the Public Procurement Service may enter into a trial purchase contract under which the Administrator purchases innovative products on a trial basis and supplies them to end-user institutions in accordance with Article 27(1)1 of the Act and discloses the results of the use of those products, according to a prior consultation made with the Minister of Finance and Economy. In such cases, the end-user institutions shall notify the Administrator of the Public Procurement Service of the results of the use of the innovative products. <Amended on Aug. 16, 2023; Dec. 30, 2025>
(6) In any of the following cases, the Administrator of the Public Procurement Service may have the head of each central government agency directly enter into a trial purchase contract under paragraph (5): <Amended on Aug. 16, 2023>
1. Where the head of the competent agency provides necessary products to a public institution under Article 4 of the Act on the Management of Public Institutions;
2. Where the Committee deems it necessary for the head of each central government agency to directly enter into a trial purchase contract.
(7) Procedures for trial purchase of innovative products under paragraph (5) or (6) shall be determined by the Administrator of the Public Procurement Service or the head of each central government agency who makes a trial purchase, in consultation with the Minister of Finance and Economy. <Amended on Aug. 16, 2023; Dec. 30, 2025>
(8) Where the Administrator of the Public Procurement Service discloses the results of the use of innovative products under paragraph (5), he or she shall make a comprehensive disclosure of the results of the use notified by end-user institutions; provided, the results of the use need not be disclosed in cases determined and publicly notified by the Administrator of the Public Procurement Service. <Amended on Aug. 16, 2023>
(9) The Administrator of the Public Procurement Service may support the registration, transaction, and publicity of innovative products and informatization of the operation of innovative procurement products, etc. through the public purchase support system for innovative products under Article 27(1)2 of the Act. <Amended on Aug. 16, 2023>
(10) "If ... fails to meet the initial designation standards or otherwise falls under any of the cases prescribed by Presidential Decree" in Article 27(3) of the Act means any of the following cases: <Amended on Aug. 16, 2023>
1. Where the designated innovative product fails to meet the initial designation standards under the subparagraphs of paragraph (1);
2. Where the innovative product has obtained designation by fraud or other improper means;
3. Other cases falling under the grounds determined and publicly notified by the Administer of the Public Procurement Service, where a person who has obtained designation is likely to undermine the fair performance of business affairs related to procurement or the appropriate performance of a contract in relation to the relevant innovative product.
(11) Where the Administrator of the Public Procurement Service revokes designation pursuant to Article 27(3) of the Act, he or she shall undergo deliberation by the Committee. In such cases, where he or she intends to revoke the designation of an innovative product under paragraph (1)1, he or she shall have a consultation with the head of a relevant central government agency before deliberation by the Committee. <Amended on Aug. 16, 2023>
(12) Where the Administrator of the Public Procurement Service revokes the designation of an innovative product, he or she shall in advance notify the person who has obtained the designation in writing of the ground for the revocation of designation, the due date for submitting opinions, etc., and where the revocation of the designation is finalized after deliberation by the Committee pursuant to paragraph (11), he or she shall notify the relevant person of the details thereof in writing. <Amended on Aug. 16, 2023>
(13) Except as provided in paragraphs (1) through (12), matters necessary for a trial purchase and supply of innovative products, the establishment and operation of a public purchase support system for innovative products, the revocation of designation of innovative products, etc. shall be determined by the Administrator of the Public Procurement Service in consultation with the Minister of Finance and Economy. <Amended on Aug. 16, 2023; Dec. 30, 2025>