하도급 거래에 있어서 수급사업자 보호의 실효성 제고방안에 관한 법적 연구 - 시정조치 등 제재를 중심으로 - (A Legal study on how improves the efficiency of the protection for contracting parties in subcontracts - in terms of the sanctioning rules)

서지정보

· 발행기관 : 한국경쟁법학회
· 수록지 정보 : 경쟁법연구 / 25권 / 278 ~ 310페이지
· 저자명 : 황태희

초록

There are so many unfair contracts in subcontracting and have limitation to find the solution to protect the subcontractor by the civil law procedure. Therefore it is meaningful to use the administrative order and sanction properly. In relation to the unfair paying contract, the KFTC may not give an order to prohibit repeating such contract, but give an order to recalculate a subcontract fee in a fair way as well as to pay that fee. If the subcontractor delays or denies to pay the contact fee, the KFTC should implement actively with a paying order and an order to stop repetition.
To avoid unfairness in dealing subcontracts and to guarantee the fair and free competition in the subcontract market with co-operative relationship between the big companies and the small and medium sized enterprises, some structural measures would be needed. Additionally it would be required the concrete and effective sanction, especially proper administrative orders.

영어초록

There are so many unfair contracts in subcontracting and have limitation to find the solution to protect the subcontractor by the civil law procedure. Therefore it is meaningful to use the administrative order and sanction properly. In relation to the unfair paying contract, the KFTC may not give an order to prohibit repeating such contract, but give an order to recalculate a subcontract fee in a fair way as well as to pay that fee. If the subcontractor delays or denies to pay the contact fee, the KFTC should implement actively with a paying order and an order to stop repetition.
To avoid unfairness in dealing subcontracts and to guarantee the fair and free competition in the subcontract market with co-operative relationship between the big companies and the small and medium sized enterprises, some structural measures would be needed. Additionally it would be required the concrete and effective sanction, especially proper administrative orders.

참고자료

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