Article 11(Revocation of confirmation of direct production) #
(1) The Minister of SMEs and Startups may investigate whether a small and medium enterprise confirmed under Article 9(4) meets requirements for the confirmation of direct production and directly produces the relevant products. <Amended on Jul. 26, 2017>
(2) Where the results of the investigation referred to in paragraph (1) show that a small and medium enterprise falls under any of the following cases, the Minister of SMEs and Startups shall revoke the confirmation of direct production such enterprise has received: <Amended on Mar. 30, 2011; Jan. 28, 2015; Jul. 26, 2017; Dec. 27, 2022>
1. Where it receives the confirmation of direct production by fraud or other improper means;
2. Where it ceases to meet the requirements for confirmation specified in Article 9(2) due to the lease, sales, etc. of its production facilities;
3. Where it supplies products it has not directly produced, such as products produced by a subcontractor or finished products purchased from another company, or supplies finished products it has directly produced, to which it has attached a trademark of another company, after entering into a supply contract with the head of a public institution;
4. Where it refuses an investigation as to whether it satisfies the requirements for confirmation and directly produces the relevant products without good cause;
5. Where it falls under any subparagraph of Article 9(5).
(3) The Minister of SMEs and Startups shall revoke the confirmation of all products the small and medium enterprise has directly produced, in cases falling under paragraph (2)1, 3, and 4; and revoke the confirmation of the relevant product the small and medium enterprise has directly produced, in cases falling under paragraph (2)2 and 5. <Amended on Mar. 30, 2011; Jul. 26, 2017>
(4) Where a small and medium enterprise which has received the confirmation of direct production ceases to meet requirements for the confirmation of direct production, it shall return the direct production confirmation certificate on relevant product, as prescribed by Decree of the Ministry of SMEs and Startups. <Amended on Mar. 30, 2011; Mar. 23, 2013; Jul. 26, 2017>
(5) A small and medium enterprise falling under paragraph (2) shall not request the confirmation of direct production from the date of the revocation of such confirmation, and the products and period for which the request for the confirmation of direct production is restricted shall be as follows. In such cases, a person for whom the effective period of a direct production confirmation certificate has expired shall not request the confirmation of direct production from the date on which it is confirmed that such expiration gives rise to a reason for revocation: <Amended on Mar. 30, 2011; Mar. 23, 2013; Jul. 26, 2017>
1. In cases falling under paragraph (2)1: One year for all products;
2. In cases falling under paragraph (2)2, where it has participated in a competitive tendering procedure open only to small and medium enterprises or failed to return its direct production confirmation certificate within the period prescribed by Decree of the Ministry of SMEs and Startups: Six months for products for which the confirmation of direct production is revoked;
3. In cases falling under paragraph (2)3 and 4: Six months for all products;
4. In cases falling under paragraph (2)5, where it has failed to request the confirmation of direct production again within the period prescribed by Decree of the Ministry of SMEs and Startups: Up to three months for products for which the confirmation of direct production is revoked.
(6) Where the confirmation of direct production is revoked for a small and medium enterprise with which a procurement contract has been concluded, the head of a public institution shall fully or partially rescind or cancel such procurement contract; provided, this shall not apply where it is impracticable to change the counter-party to the contract due to extraordinary grounds, such as the nature of contracted products, progress in implementing the contract, or purchase schedule.
(7) Procedures for revoking the confirmation of direct production under paragraph (2) and other matters, shall be prescribed by Decree of the Ministry of SMEs and Startups. <Amended on Mar. 23, 2013; Jul. 26, 2017>
(8) Where the Minister of SMEs and Startups intends to revoke the confirmation of direct production pursuant to paragraph (2), he or she shall hold a hearing. <Amended on Jul. 26, 2017>