(1) No prime contractor shall attach terms and conditions that unfairly violate or restrict a subcontractor’s interests to a contract (hereinafter referred to as "unfair special agreement").
(2) Any of the following agreements shall be deemed an unfair special agreement:
1. An agreement under which a prime contractor requires a subcontractor to bear expenses incurred when a prime contractor requires the subcontractor to do works not stated in a document prescribed in Article 3 (1);
2. An agreement under which a prime contractor requires a subcontractor to bear expenses incurred in relation to the settlement of civil complaints, industrial accidents, etc.;
3. An agreement under which a prime contractor requires a subcontractor to bear expenses incurred when a prime contractor requires the subcontractor to perform works not specified in the relevant tender documents;
4. Agreements specified by Presidential Decree, such as an agreement that restricts a subcontractor’s interests, which shall be protected by this Act, or that shifts an obligation imposed upon a prime contractor to a subcontractor.
(3) An unfair special agreement under paragraph (2) 1 through 3 shall be null and void to the extent of the relevant part; in the case of subparagraph 4, such agreement shall be null and void to the extent of that part if it is deemed to be significantly unfair to either party. <Added on Apr. 1, 2025>[This Article Added on Aug. 13, 2013]