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Government Legislation

  • Designation of Unfair Special Agreement
    • Competent Ministry : Fair Trade Commission
    • Advance Publication of Legislation : 2019-03-12
    • Opinion Submission Deadline : 2019-04-01

(1) Reasons for Proposal
The Fair Transactions in Subcontracting Act (hereinafter referred to as the "Act") and the Enforcement Decree of the Act prohibits the attachment of unfair special agreement, determines the types of agreements deemed as unfair special agreement, and further authorizes the Fair Trade Commission to determine and announce the types of agreements deemed as unfair special agreement; this amendment aims to suggest the type of unfair special agreements which are prohibited in subcontract transactions.

(2) Major Provisions
A. Suggest the type of unfair special agreements which are prohibited in subcontract transactions
○ The amendment suggests the types of agreements deemed as unfair special agreement, such as limiting subcontractors’ interests that are protected by law or transferring obligations imposed on a principal operator to its subcontractors.


Regulatory effect assessment
  • 190306규제영향분석서(부당특약).hwp [download]
Legislative proposal (draft)
  • 부당특약 고시 제정안 행정예고 공고문(공정거래위원회 공고 2019-19호).hwp [download]