(1) The Fair Trade Commission may formulate or amend a standard subcontract and may recommend that business entities or business associations governed by this Act (hereafter in this Article referred to as "business entities, etc.") use it.
(2) Notwithstanding paragraph (1), the Fair Trade Commission shall formulate or amend a standard subcontract regarding the details specified in Article 3 (2) 3 and the proviso, with the exception of the subparagraphs, of Article 3 (4) and shall recommend that business entities, etc. use it. <Added on Jul. 18, 2023>
(3) In order to facilitate sound subcontracting practices and prevent the use of unfair contracts, business entities, etc. may prepare proposals for the formulation or amendment of a standard subcontract that can be used in a certain field of subcontracting and may request that the Fair Trade Commission review whether the details thereof are in violation of this Act. <Amended on Jul. 18, 2023>
(4) The Fair Trade Commission may recommend that business entities, etc. prepare proposals for the formulation or amendment of a standard subcontract and request a review thereof, in any of the following cases: <Amended on Jul. 18, 2023>
1. Where damage occurs, or is likely to occur, to multiple subcontractors in a certain field of subcontracting;
2. Where it is necessary to revise the standard subcontract due to the amendment of this Act, etc.
(5) If business entities, etc. fail to take necessary measures within a reasonable period from the date of receipt of the recommendation under paragraph (4), the Fair Trade Commission may formulate or amend a standard subcontract and recommend that the business entities, etc. use it. <Amended on Jul. 18, 2023>
(6) Where formulating or amending a standard subcontract, the Fair Trade Commission shall hear the opinions of business entities, etc. who are parties to transactions in the relevant field. <Amended on Jul. 18, 2023>
(7) If deemed necessary for performing tasks related to the formulation and amendment of a standard subcontract, the Fair Trade Commission may appoint advisors. <Amended on Jul. 18, 2023>
(8) The appointment of advisors under paragraph (7) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jul. 18, 2023>[This Article Wholly Amended on Jan. 11, 2022]