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 |
2. |
Establish Pan-Governmental Supply Chain Management System, Including the Creation of Central Control Tower |
3. |
Establishment of a Supply Chain Risk Management Cycle |
(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.