소프트웨어산업 하도급규제의 개선방안

In 2011, Korea's Lee, Myung-bak government declared "Shared Growth" as one of the key national development strategies in coming years. President Lee also provided the vision that shared growth will help overcome the conflicts of our society. In narrowing down topics for economic issues, there are big problems and challenges for Small and Medium Enterprise subcontractor in the software industry to achieve shared growth. The Korean government is so active to mitigate problems of power asymmetries in subcontracting relationship, that they enacted FTSA(Fair Transactions in Subcontracting Act)with strict enforcement. According to the latest amendment in 2011, a principal contractor that misappropriates technology of a subcontractor will be liable for treble damages. This has reflected a recent trend of reinforced sanctions under FTSA. In addition, SIPA(Software Industry Promotion Act) also regulating the subcontracting relationship in Korean public procurement practices. Under SIPA, a software business operator shall obtain approval in writing from the head of a state organ or such in advance, where he/she has entered into a contract with a state organ, and he/she intends to contract with another enterprise for a whole or part of given project. This article aims to explore issues of the existing bargaining power asymmetries in the subcontracting relationship. The conclusion is that policies for fair subcontracting relationship and the strengthening of global competitiveness in the software industry should be mutually beneficial to both prime and sub contractors