Article 6(Integrity pledge system and ombudsman system) #
(1) In order to enhance transparency and fairness in the execution of defense acquisition programs, the Minister of National Defense and the Administrator of the Defense Acquisition Program Administration shall request each of the following persons to submit a pledge of integrity, as prescribed by Presidential Decree. In such cases, he or she shall require persons specified in subparagraph 6 to submit a pledge of integrity, respectively, when they enter into a subcontract or a sub-subcontract: <Amended on May 9, 2014; Jan. 19, 2016; Dec. 20, 2016; Mar. 21, 2017; Oct. 31, 2023>
1. Public officials designated by the Minister of National Defense, from among public officials affiliated with the Ministry of National Defense, and public officials affiliated with the Defense Acquisition Program Administration;
2. The members of any of the following committees:
(a) The Defense Acquisition Program Promotion Committee under Article 9;
(b) Subcommittees and working committees under Article 10;
(c) Committees prescribed by Presidential Decree, which conducts preliminary examinations and advisory services on bids, successful bids, or the conclusion and performance of defense acquisition contracts;
3. Officers and staff of the Agency for Defense Development provided for in the Act on the Agency for Defense Development (hereinafter referred to as the "Agency for Defense Development") and the Defense Agency for Technology and Quality provided for in Article 32;
4. The representatives and executive officers of the following enterprises or research institutes participating in the relevant defense acquisition programs:
(a) Defense contractors (hereinafter referred to as "defense contractors");
(b) General Enterprises;
(c) General enterprises which have no relationship with the defense industry;
(d) Specialized research institutes;
(e) General research institutes;
5. The representative and executive officers of each munitions sales agent;
6. The representative and executive officers of a subcontractor (in cases of a contract for sale, referring to each supplier; hereinafter referred to as "subcontractor") that enters into a subcontract concerning a procurement contract for national defense (including a contract for sale, and limited to the contract amount not less than the amount prescribed by Presidential Decree, which is at least one billion won) with a defense contractor, general enterprise, general enterprise not related to the defense industry, specialized research institute, or general research institute that enters into a procurement contract for national defense; and the representative and executive officers of each sub-subcontractor (in cases of a contract for sale, referring to each supplier) that enters into a sub-subcontract concerning a procurement contract for national defense (including a contract for sale, and limited to the contract whose amount is at least the amount prescribed by Presidential Decree, which is at least one billion won) with the aforesaid subcontractor.
(2) A pledge of integrity referred to in paragraph (1) shall contain the following: <Amended on Oct. 31, 2023>
1. Matters regarding prohibition, etc. of demands for, promises of, giving and receiving of valuables, entertainment, etc.;
2. Matters regarding the prohibition of any unfair practices that unfairly hinder free competition in bidding, such as revealing bid prices in advance and collusion for a successful bid by a specific person;
3. Matters regarding the prohibition of intercession or solicitation that hinders impartiality in performing duties;
4. Matters prescribed by Presidential Decree regarding the prohibition, etc. of provision of information related to defense acquisition programs;
5. Matters regarding the prohibition of profiteering by the person himself or herself, or by a third person, by taking advantage of his or her position;
6. Matters regarding the prohibition of unfair subcontracting;
7. Matters regarding the prohibition of violation of obligation under the Defense Technology Security Act and the Military Secret Protection Act.
(3) Where a person commissioned as a member of the Defense Acquisition Program Promotion Committee pursuant to subparagraph 2 of paragraph (1) fails to comply with the terms and conditions of the pledge of integrity, the Minister of National Defense or the Administrator of the Defense Acquisition Program Administration shall decommission such person. <Amended on Oct. 31, 2023>
(4) Where a person who falls under paragraph (1) 4 or 5 violates the terms and conditions of a pledge of integrity, the Minister of National Defense or the Administrator of the Defense Acquisition Program Administration shall revoke the relevant bid or successful bid, or cancel or terminate the relevant contract; provided, where such measure is deemed to inflict significant harm on the public interest in consideration of the circumstances, such as the severity of misconduct like offering money or other valuables and entertainment, the performance progress of the relevant contract, and the scale of loss to the State caused by suspended performance of the contract, the relevant bid, successful bid, or contract may be continuously performed, as prescribed by Presidential Decree. <Added on Oct. 31, 2023>
(5) In order to enhance transparency and fairness in the execution of defense acquisition programs, the Administrator of the Defense Acquisition Program Administration may operate an ombudsman system in which an ombudsman may investigate civil petitions raised in the course of execution of defense acquisition programs and file a request for rectification or inspection. <Amended on Oct. 31, 2023>
(6) A person eligible to be an ombudsman shall satisfy any of the following qualifications; provided, a person cannot be an ombudsman if the person in question, the person's spouse, or the person's lineal descendant or ascendant held office as an executive officer or employee of a defense contractor, general enterprise, general enterprise not related to the defense industry, specialized research institute, general research institute, or munitions sales agent within two years before the person is commissioned as an ombudsman: <Added on Mar. 31, 2010; Jan. 19, 2016; Oct. 31, 2023>
1. A person who held or is holding a position as an associate professor or higher in a department related to the defense industry, or department of accounting, law, or public administration, at a school under Article 2 of the Higher Education Act;
2. An attorney-at-law, certified public accountant, professional engineer, or patent attorney with experience of at least three years in the relevant field;
3. A person of high integrity who held office as a public official of at least Grade IV (including a member of the Senior Executive Service) at a central administrative agency;
4. Others persons of learning and high moral repute with abundant expert knowledge and experience in the field of the defense industry.
(7) An ombudsman may investigate civil petitions and request for rectification, inspection, etc. to the Administrator of the Defense Acquisition Program Administration pursuant to paragraph (5): Provided, no ombudsman shall investigate any of the following: <Added on Mar. 31, 2010; Oct. 31, 2023>
1. Matters for which objection or remedy proceedings, such as an administrative appeal, administrative litigation, judgment of the Constitutional Court, are pending under other statutes;
2. Matters which have become final and conclusive through judgment, decision, adjudication, reconciliation, mediation, arbitration, etc.;
3. Matters which were or are being inspected by a national agency, such as the Board of Audit and Inspection;
4. Matters under investigation by an investigative agency.
(8) When an ombudsman intends to conduct an investigation under paragraph (7), he or she may hear the statement of a relevant employee, peruse relevant documents, inspect the site, etc.; provided, the ombudsman may request for the statement of opinions or explanation to the relevant employee, if perusal is impracticable because the relevant documents, etc. fall under Article 9 (1) 2 and 5 of the Official Information Disclosure Act. <Added on Mar. 31, 2010; Oct. 31, 2023>
(9) No ombudsman shall concurrently hold any of the following office: <Added on Mar. 31, 2010; Jan. 19, 2016; Oct. 31, 2023>
1. A member of the National Assembly or a member of a local council;
2. A member of a political party, or a member of an association, the main purpose of which is to conduct political activities;
3. An executive officer or employee of a defense contractor, general enterprise, general enterprise not related to the defense industry, specialized research institute, general research institute, or munitions sales agent.
(10) Matters necessary for the operation of the ombudsman system referred to in paragraph (5), such as the composition of ombudsmen, shall be prescribed by Presidential Decree. <Amended on Mar. 31, 2010; Oct. 31, 2023>