Article 1(Purpose) #
The purpose of this regulation is to prescribe matters delegated by the 「Act on the Promotion of Collaborative Cooperation Between Large Enterprises and Small-Medium Enterprises」and the Enforcement Decree of the same Act and matters necessary for the enforcement thereof.
Article 2(Scope of Organizations related to Small and Medium Enterprises) #
"Organizations related to Small and Medium Enterprises prescribed by Ordinance of the Ministry of Trade, Industry and Energy" in Article 2 (7) of Act on the Promotion of Collaborative Cooperation Between Large Enterprises and Small-Medium Enterprises (Hereinafter referred to as "Act")shall refer to the organization of the following. <Amended Mar. 3. 2008, Apr. 7. 2010, Mar. 23. 2013>
1. A corporation established under the permission pursuant to Article 32 of Civil Act with the majority of its members as small and medium enterprises.
2. A corporation established according to ordinances other than from Civil Act with the majority of its members as small and medium enterprises.
[Title Amended Apr. 7. 2010]
Article 3(Calculation of Collaborative Cooperation Index between Large, Small and Medium Enterprises) #
① Minister of Trade, Industry and Energy shall calculate collaborative cooperation index between large and small and medium enterprises pursuant to Article 15 of the Act(Hereinafter referred to as "collaborative cooperation index" in this Article) considering each following subparagraph. <Amended Mar. 3. 2008, Mar. 23. 2013>
1. Matters for collaborative cooperation activities such as technology cooperation, manpower interchange, and funding for the cooperation enhancement between large and small and medium enterprises.
2. Matters for fair transaction between large and small and medium enterprises.
3. Other matters deemed necessary for the evaluation of collaborative cooperation level by Minister of Trade, Industry and Energy.
② Minister of Trade, Industry and Energy may request the necessary cooperation such as the submission of investigation result and statistical data from the administrative agency, corporate or organizations concerned when it is deemed necessary for the calculation of collaborative cooperation index. <Amended Apr. 7. 2010, Mar. 23. 2013>
③ When Minister of Trade, Industry and Energy announces the collaborative cooperation index pursuant to Article 15 of the Act, it may be announced through the official gazette, broadcast, internet or the newspapers provided for in Article 2 (1) of the Act on the Promotion of Newspapers, etc. <Amended Apr. 7. 2010, Mar. 23. 2013>
Article 4(Selection of Exemplary Collaborative Cooperation Enterprises, etc) #
① Minister of Trade, Industry and Energy may select the exemplary collaborative cooperation enterprises or individuals who contributed to the spread of collaborative cooperation (hereinafter referred to as "exemplary collaborative cooperation enterprises, etc )every year according to Article 16 (2) of the Act. <Amended Mar. 3. 2008, Apr. 7. 2010, Mar. 23. 2013>
② When selecting exemplary collaborative cooperation enterprises, etc according to paragraph 1, the Minister of Trade, Industry and Energy shall announce the details of the selection in advance. <Amended Mar. 3. 2008, Apr. 7. 2010, Mar. 23. 2013>
③ Minister of Trade, Industry and Energy may give the Exemplary Collaborative Cooperation Enterprises, etc selected according to Paragraph 1 the preference of additional points when the subject of the project which is implemented by Minister of Trade, Industry and Energy. <Newly Established Apr. 7. 2010, Mar. 23. 2013>
[Title Amended Apr. 7. 2010]
Article 5(Notice of Written Agreement Standard) #
The administrator of Small and Medium Business Administration shall establish the written agreement standard and notify it so that the written agreement of entrusting enterprises can be issued smoothly to entrusted enterprises pursuant to Article 21 (1) of the Act.
Article 5-2(Selection and Rewarding of the Excellent Entrustment Transaction Enterprises) #
The Administrator of Small and Medium Business Administration may select the enterprise which meets all the following conditions as the excellent entrustment transaction enterprise and reward according to Article 27 (3) of the Act.
1. Of the sales amount of the immediately preceding business year, the amount of the entrustment transaction is 20% or more.
2. Entrusting enterprise paid the whole price of delivered goods of the immediately preceding business year by cash or by means of substitute for bills pursuant to Article 2 (8) of the Act.
3. Entrusting enterprise had not violated Article 21 through 23 and Article 25 (1) of the Act during the immediately receding business year,
4. Entrusting enterprise used the standard written agreement pursuant to Article 5.
[This Article Newly Established Jan. 28. 2011]
[Previous Article 5-2 moved to Article 5-3 <Jan. 28. 2011>]
Article 5-3(Criteria for Imposition of Penalty, etc.) #
① When the Administrator of Small and Medium Business Administration imposes penalties on the entrusting enterprise which has violated Article 21 through 23 and 25 (1) of the Act pursuant to Article 27 (5) of the Act, he/she shall follow the criteria for imposition prescribed in the Schedule.
② "The case where the enterprise whose penalties exceed the standard prescribed by Ordinance of the Minister of Trade, Industry and Energy" in Article 27 (5) of the Act means the case where the cumulative points pursuant to Schedule exceeds 10 points. <Amended Mar. 3. 2008, Mar. 23. 2013>
③ When the Administrator of Small and Medium Business Administration requests restrictions on qualifications for participation in the bidding pursuant to Article 27 (5), he/she shall discuss it with the Chairman of Fair Trade Commission in advance.
[This Article Newly Established Aug. 27.2007]
[Moved from Article 5-2 <Jan. 28. 2011>]
Article 6(Application for Mediation of Entrustment Dispute, etc) #
① Application for Mediation of Entrustment Dispute pursuant to the first part of Article 17 of Enforcement Decree of the Act on the Promotion of Collaborative Cooperation Between Large Enterprises and Small-Medium Enterprises (Hereinafter, referred to as "Decree") shall follow Annex 1 form. <Amended Aug. 27. 2007>
② "The documents prescribed by Ordinance of the Minister of Trade, Industry and Energy" in the first part of Article 17 of Decree refers to each following document. <Amended Mar. 3. 2008, Mar. 23. 2013>
1. Explanatory statement of application for mediation of entrustment dispute.
2. The minutes of the board of directors of the federation of small and medium business Union where the decision-making of application for mediation of entrustment dispute is recorded (applicable only when applicant is the federation of small and medium business Union).
③ The person who wants to apply the pre-mediation pursuant to the latter part of Article 17 of the Decree shall submit the Application for Mediation of Entrustment Dispute of Annex 1 form and the documents of Paragraph 2. to Entrustment Dispute Mediation Committee pursuant to Article 11 of the Decree.
Article 7(Criteria for Penalties related to Training Order) #
"Criteria for penalties prescribed by Ordinance of the Minister of Trade, Industry and Energy" in the first part of Article 28-2 (1) of the Act shall refer to any one of the following. <Amended Mar. 3. 2008, Mar. 23. 2013>
1. The case where the penalties are 2 points or more pursuant to annex.
2. The case where the cumulative points are 4 points or more pursuant to annex.
[Wholly Amended Aug. 27.2007]
Article 8 #
Deleted <Apr. 7. 2010>
Article 9(Chain Store whose Business should be Coordinated) #
"Chain store prescribed by Ordinance of the Minister of Trade, Industry and Energy" in the other part of each item of Article 32 (1) 2 of the Act refers to the store among the supermarkets(47121) and other stores that run general merchandise retail with food and beverage as the main goods(47129) under Korean Standard Industrial Classification notified on Dec 28, 2007 by the Commissioner of the Statistics Korea pursuant to Article 22 of 「Statistics Act」, whose more than 51% of opening costs including rent, construction and facilities expenses are paid by large enterprise. <Amended Mar. 23. 2013>
[This Article Newly Established Jan. 28. 2011]
Article 9-2(Dominance Relationship) #
① "A small and medium enterprise determined by Ordinance of the Minister of Trade, Industry and Energy, which is substantially controlled by a large enterprise" in Article 32 (1) 3 of the Act refers to the small and medium enterprise which falls under the followings. <Amended Mar. 3. 2008, Apr. 7. 2010, Jan. 28. 2011, Mar. 23. 2013>
1. When the representative, biggest shareholder or the person who has the shares the most of a conglomerate (hereinafter referred to as "representative, etc")or the executive of the company is also the executive a small and medium enterprise or dispatched as the executive of small and medium enterprises.
2. When a conglomerate performs the major project, business activities, or major part of transaction which was delegated by small and medium enterprises.
3. When a conglomerate loaned the asset or guaranteed the debt equivalent to the amount exceeding total number of issued stocks or total amount of investment of a small and medium enterprise.
4. When large enterprise and the person who has any of following relationships with large enterprise, individually or together, own the shares or shares of investment which is over 50% of total number of issued stocks or total amount of investment of a small and medium enterprise.
A. The person who has the shares or shares of investment which is over 30% of total number of issued stocks or total amount of investment of a conglomerate and is biggest shareholder or has the shares the most.
B. Relatives of the person who falls under subparagraph A.
C. Executive of large enterprise.
D. The person with a relationship that corresponds to any of subparagraphs 1 through 3 or 5 through 7.
5. When large enterprise and the person with a relationship that corresponds to any of subparagraph 4 with large enterprise own, individually or together, the shares or shares of investment which is 30% or more and less than 50% of total number of issued stocks or total amount of investment of a small and medium enterprise and also falls under any of the followings.
A. When the total of owned shares or shares of investment is the largest shares of the small and medium enterprise concerned.
B. When the relative of the representative, etc. of the large enterprise is the executive of the small and medium enterprise. But if the large enterprise is not deemed to control the small and medium enterprise in light of total number of issued stocks or total amount of investment or proprietary relations of assets of the small and medium enterprise, the case shall be excluded.
C. When the executive of large enterprise or the person who was formerly the executive of the large enterprise is the executive of the small and medium enterprise.
6. When a small and medium enterprise with a relationship that corresponds to any of subparagraphs 1 through 5 with large enterprise (hereinafter referred to as "subsidiary") has the relationship which falls under any of subparagraphs 1 through 5 with other small and medium enterprise independently or jointly with other subsidiary of the large enterprise.
7. When large enterprise and subsidiary jointly has the relationship which falls under any of subparagraphs 1 through 5 with the small and medium enterprise concerned.
② The executive in paragraph 1 shall be the executive pursuant to Article 2, subparagraph 5 of 「Monopoly Regulation and Fair Trade Act」.
③ The relative in paragraph 1 shall be the spouse (including the person who is in putative marriage), blood relative closer than and equal to third cousin and in-laws closer than or equal to cousin.
[This Article Newly Established Aug. 27. 2007]
Article 10(Application for Business Coordination) #
Application for business coordination pursuant to Article 23 (1) of Decree shall follow Annex 2 form. <Amended Jan. 28. 2011>
Article 11(Keeping of Documents) #
① The documents which entrusting enterprise, entrusted enterprise, and the federation of small and medium business Union have to keep in accordance with Article 39 of the Act are as follows.
1. A written agreement pursuant to Article 21 (1) of the Act.
2. Documents about the payment and receipt of the price of delivered goods pursuant to Article 22 of the Act.
3. Documents about inspection standards pursuant to Article 23 (1) of the Act.
4. Documents about the notification of the reason for the failure pursuant to Article 23 (2) of the Act.
5. Documents about the cost-calculation system and quality control pursuant to Article 24 (2) of the Act.
6. Documents about the mediation of dispute pursuant to Article 28 of the Act.
② The document pursuant to paragraph 1 shall be kept for 3 years from the conclusion date of the transaction.
Article 12 #
Deleted <Apr. 7. 2010>