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Enforcement of Framework Act on Supply Chain Stabilization Support for Economic Security

2024.07.19

The Framework Act on Supply Chain Stabilization Support for Economic Security (the “Framework Act on Supply Chain” or the “Act”), which was passed in the National Assembly’s plenary session on December 8, 2023, was recently implemented on June 27, 2024. The Framework Act on Supply Chain is one of the three Supply Chain Acts. The other two acts are (i) the Act on Special Measures to Strengthen Competitiveness and Stabilize Supply Chain of Materials, Components, and Equipment Industry (the “Special Measures Act”), and (ii) the Special Act on National Resource Security (the “National Resource Security Act”), which is scheduled to take effect on February 7, 2025.

The purpose of enacting the Framework Act on Supply Chain was to enhance the national level response to the growing risk of supply chain disruptions in the global economy. Factors such as trade conflicts, environmental regulations (including carbon neutrality mandates), supply chain weaponization and international armed conflicts, have increased the likelihood of supply chain destabilization.

The highlights of the Act are as follows:
 

1.

Function as the “Framework Legislation” to Effectively Prevent and Respond to Supply Chain Threats

Until recently, supply chain policies have been implemented through specialized legislations under the individual jurisdiction of various ministries (e.g., the Special Measures Act, National Resource Security Act, Overseas Agricultural Development Act, and Marine Transportation Act). However, the Framework Act on Supply Chain provides an overall direction for the enactment and amendment of such specialized legislations and additional support for the measures codified in the specialized legislations as a “framework legislation” for supply chain stabilization management.

The Framework Act on Supply Chain does not supersede other laws. Its purpose, instead, is to establish an organic management system that supports the implementation of the Act’s key objectives in other specialized legislations.

 

2.

Establish Pan-Governmental Supply Chain Management System, Including the Creation of Central Control Tower

The Framework Act on Supply Chain establishes a Supply Chain Stabilization Committee (the “Committee”), which consists of the Minister of Economy and Finance, the heads of relevant administrative agencies, the head of the National Intelligence Service and outside experts. The Committee serves as a control tower, deliberating and coordinating supply chain-related policies for economic security.

The Act also requires the Ministry of Economy and Finance to establish a comprehensive supply chain stabilization support system. This includes (i) establishing a three-year basic plan, (ii) requesting the designation of economic security items, and (iii) overseeing the management of the supply chain stabilization fund. In addition, the Act requires each government ministry to use its expertise to develop specific plans and measures to implement the basic plan, designate economic security items and services, and recognize business operators that are leading supply chain stabilization efforts.

 

3.

Establishment of a Supply Chain Risk Management Cycle

Once the Framework Act on Supply Chain takes effect, a supply chain risk management cycle encompassing the following three phases will be systematically implemented: (i) Risk Prevention, (ii) Risk Detection, and (iii) Crisis Response. The details of each phase of the management cycle are as follows:
 

(1)

Risk Prevention

The Act designates goods and services that are indispensable to the national economy or essential for the stable operation of the national economy as “economic security goods and services.” Enterprises that help stabilize the supply chain of the designated items are recognized as “Supply Chain Stabilization Leading Business Operators,” and government support, such as tax reductions and other financial incentives, may be provided.
 

(2)

Risk Detection

The heads of relevant administrative agencies and the head of the National Intelligence Service are tasked with operating an early warning system that monitors trends in domestic/overseas market supply and demand, price fluctuations and changes in production. When danger signals are detected, the Minister of Economy and Finance must collaborate with the relevant ministries and stabilize the supply chain through joint review.
 

(3)

Crisis Response

The head of each relevant administrative agency must prepare a crisis response manual. In the event of a crisis, the Minister of Economy and Finance or the head of the relevant administrative agency will designate items or services that pose a significant threat to the supply chain as “crisis items.”
 

Once an item or service has been designated as a crisis item, the relevant administrative agency must take emergency adjustment measures, such as implementing or making changes to production plans, issuing orders for the supply and release of goods, controlling imports and exports, and/or the emergency procurement of crisis items. In addition, the government may provide financial support to importers of crisis items and compensation for losses incurred due to adjustment measures.
 

The implementation of the Framework Act on Supply Chain is expected to strengthen Korea’s supply chain by transferring management from scattered ministries to a system of cooperative pan-ministerial management, thereby ensuring the consistent and complementary implementation of related laws and regulations. Against the global backdrop of the Russia-Ukraine War and the US-China trade conflict, the Act is expected to increase the resilience of Korea’s supply chain and help maintain the nation’s economic security.

For businesses, the implementation of the new supply chain management system may result in increased government inspections and orders regarding production, supply, import/export restrictions and related support measures. Therefore, companies would be well advised to closely review the Act, its enforcement and future direction to assess the potential impacts it may have on their business operations.

 

[Korean Version]

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