건설 하도급 계약 관련 제도 개선 방안

• 영문명: Issues, Problems and their Solutions related to Subcontracting in Korean Construction Industry
• 발행기관: 한국건설산업연구원
• 저자명: 이의섭
• 간행물 정보: 『한국건설산업연구원 연구보고서』연구보고서 2003-01, 1~60쪽, 전체 66쪽
• 주제분류: 공학 > 토목공학
• 파일형태: PDF
• 발행일자: 2003.01.01

영문 초록

Subcontracting is private matter In nature, but there are many regulations on subcontracting in Korean Construction Industry. Subcontract price checking system and subcontract payment bond system are Included in the regulations. This study analyzed the related to Issues related and problems with such regulations, and proposes solutions to the problems, focusing on whether the subcontract is different from any other contract in nature as well as whether the subcontract in construction Industry is different from that in any other industries. Firstly, this study Investigated the nature of subcontracting in general. The subcontracting is one means of producing goods and services among three means of production: market, hierarchy and relational contracting. Whether prime contractor has superior position to subcontractor In construction Industry is very Important in discussing rationality of regulation of subcontracting In construction industry. However, the meaning of prime contractors' superior position has not been materialized. One possible meaning is that the prime contractor has monopoly or oligopoly power over subcontractor. In such a sense, prime contractor does not have superior position to subcontractor, because the construction. Industry is neither monopoly nor oligopoly industry. The second possible meaning is that the bigger firm has superior position to smaller firm. In that sense, the prime contractor does not have superior position to subcontractor in Korean construction industry, because the prime contractor does not always bigger than subcontractor. The third possible meaning is that the prime contractor can select the specific subcontractor among many subcontractors In that sense, the prime contractor may have superior position to subcontractor in process of subcontracting. Secondly, this study investigated the problems with subcontract price checking system and proposes the solution to problems investigated. Subcontract price checking system should apply only to the cases in which the prime contractor is selected on the basis of non-lowest bidding system and subcontractor is selected on the basis of negotiation. Thirdly, the study Investigated the problems with subcontract payment bond system and proposes the solution to the problems investigated. The bond premium should be included in the estimated price by the owner and should be paid by the project owner.

목차

Ⅰ. 서론

Ⅱ. 하도급의 경제적 의미와 건설 하도급 계약의 특성

Ⅲ. 하도급 계약 저가 심사 제도

Ⅳ. 하도급 대금 지급 보증 제도

Ⅴ. 요약 및 결어

부록Ⅰ: 신용보험제도의 개관

부록Ⅱ: E-mail 회신 내용

참고문헌

Abstract

요약