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학술논문상사판례연구2011.12 발행KCI 피인용 4

일본의 하도급거래 공정화에 관한 법 제도와 시사점

A Study of Ensuring of Fair Subcontracted Dealings in Japan and Its Implications

이효경(충남대학교)

24권 4호, 371~403쪽

초록

The purpose of this article is to stable execution and securement of financial transparency of state order construction and justice of a subcontractor order, referring Japanese the current conditions of the subcontractor's related laws and regulations in the Public Sector and review. This is the feature which establishes the law which imposes discipline on state order construction separately, and Prevention of Delay in Payment under Government Contracts, etc. plans the justice through Act on Prevention of Delay in Payment under Government Contracts, etc. Unfair trade of main subcontracting entrepreneurs are regulated by "Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors" in Japan. Construction Business Act applies subcontractor trade of construction work. Overlapping regulation with "Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors" unnecessary. Like Japan, it's necessary to establish the law which imposes discipline on state order construction separately. The issues of prevention of Laws and Regulations violation by ignorance of a law should be kept an eye on through Construction business laws and regulations Compliance guideline. Equal related building with main subcontracting entrepreneurs and planning of just and clear realization of trade should be prepared.

Abstract

The purpose of this article is to stable execution and securement of financial transparency of state order construction and justice of a subcontractor order, referring Japanese the current conditions of the subcontractor's related laws and regulations in the Public Sector and review. This is the feature which establishes the law which imposes discipline on state order construction separately, and Prevention of Delay in Payment under Government Contracts, etc. plans the justice through Act on Prevention of Delay in Payment under Government Contracts, etc. Unfair trade of main subcontracting entrepreneurs are regulated by "Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors" in Japan. Construction Business Act applies subcontractor trade of construction work. Overlapping regulation with "Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors" unnecessary. Like Japan, it's necessary to establish the law which imposes discipline on state order construction separately. The issues of prevention of Laws and Regulations violation by ignorance of a law should be kept an eye on through Construction business laws and regulations Compliance guideline. Equal related building with main subcontracting entrepreneurs and planning of just and clear realization of trade should be prepared.

발행기관:
한국상사판례학회
분류:
법학

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