하도급거래의 문제점과 개선 방안

Abstract

【Abstract】

Problems and their Legal Solutions related to the Subcontracting System in Korea

Jeong-Ku Park

The Business environment related to the subcontracting system in Korea has recently changed by a global competition. The recent subcontracting system has continued to change from a vertical cooperative relationship into a horizontal cooperative relationship; strength of competitiveness, open subcontracting transaction, enlargement and specialization of subcontracted company etc. With the change of business environment, it is necessary to establish a new efficient subcontracting system. Some survey research shows that the current Korean subcontracting system has many problems. A large business group as a prime contractor has practiced with his economic power unfair subcontracting transactions like unreasonable subcontract price, unfair payment of subcontract price etc. It also shows that the unfairness of subcontracting transactions is getting worse in 2. and 3. subcontracting transaction. For an efficient and fair subcontracting system, it is necessary to shift a subcontracting paradigm. The efficient subcontracting system should be based on the trust between companies in subcontracting system as an institution in new institutional economics. In order to achieve this, it should be emphasized not only a role of a large business group as prime contractor and core competency of small and medium-sized companies as subcontractor but also legal system for fair subcontracting system. At this point the government should establish a fair subcontracting transaction and create cooperation and competition among the companies in subcontracting system with rigorous execution of subcontracting act. At the same time, the fair transactions in subcontracting act should be amended towards strengthening the Fairness of subcontracting transactions.