As the Fair Transactions in Subcontracting Act was amended so that, when
a subcontractor supplies technical data to the principal contractor, the
principal contractor shall conclude a non-disclosure agreement with the
subcontractor for the period when the corresponding technical data is supplied
(Act No. 18434, promulgation on August 17, 2021, enforcement on February 18,
2022), the aim is to decide the legally delegated matters and to supplement
some insufficiencies found during the operation of the current system.
2. Main
contents
A.
Expansion of documents to be preserved (Draft of Article 6.1.5-4, Article
6.1.5-8, and Article 6.2)
1) As the amended Act prescribes the liability of the principal
contractor for concluding a non-disclosure agreement, the non-disclosure
agreement is added to the documents to be preserved by the principal
contractor.
2) Documents related to the standard on and details of subcontract price
calculation shall also be preserved to prevent possible unfair subcontract
price.
3) The preservation period of a non-disclosure agreement is decided as
seven years.
B. Detailed matters to be stated in a
non-disclosure agreement (Draft of Article 7-4)
1) The Amended Act prescribes that, when a subcontractor supplies the
principal contractor with technical data, the principal contractor shall conclude
a non-disclosure agreement with the subcontractor.
2) Therefore, the items to be stated obligatorily in a non-disclosure
agreement are stated, and the period for using technical data, return/disposal
methods, and return/disposal days are included in the matters to be stated obligatorily
in a non-disclosure agreement because they are closely related to the reason
for concluding the non-disclosure agreement.
