Korean Law in English
Laws › Fair Transactions in Subcontracting Act

Fair Transactions in Subcontracting Act — Article 12-3 (Prohibition of request to provide technical data)

하도급거래 공정화에 관한 법률 제12조의3

This English translation is based on the Korean text effective 2025-12-17. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) No prime contractor shall request a subcontractor to provide him or her or any third person with the subcontractor's technical data; provided, a prime contractor may make such a request, if he or she proves any good cause to do so. <Amended on Mar. 29, 2011>

(2) Where a prime contractor requests any technical data to a subcontractor pursuant to the proviso of paragraph (1), he or she shall negotiate, in advance, with the relevant subcontractor about matters prescribed by Presidential Decree, such as the purpose of request, reversion of rights, a cost, etc., and provide the relevant subcontractor with a document stating the details thereof. <Added on Mar. 29, 2011; Aug. 17, 2021>

(3) Where a subcontractor provides technical data to a prime contractor, the prime contractor shall, by the date of receiving the technical data, enter into a confidentiality contract with the subcontractor, which shall contain matters prescribed by Presidential Decree, such as the scope of the relevant technical data, the list of executive officers and employees who will receive and retain the technical data, the duty to maintain confidentiality and prohibition of use for purposes other than the intended purpose, and the compensation for violations. <Added on Aug. 17, 2021>

(4) A prime contractor shall not unfairly engage in any of the following acts (including acts performed before the conclusion of a subcontract) with respect to the technical data acquired from a subcontractor: <Amended on Apr. 17, 2018; Aug. 17, 2021; Jan. 11, 2022>

1. Using them for himself or herself or for a third party;

2. Providing them to a third party.

(5) The Fair Trade Commission may recommend formulating and using a standard contract for the confidentiality contract to be entered into under paragraph (3). <Added on Aug. 17, 2021>[This Article Added on Jan. 25, 2010][Title Amended on Mar. 29, 2011]

‹ Article 12-2All articlesArticle 13 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law