컴퓨터프로그램 개발공급계약에 있어서 하자를 둘러싼 법률적 문제

There has been a continuous increase in conflicts surrounding “development and supply to order” contract (hereafter contract) of computer software. These conflicts include the criteria of work completion and the refusal to pay or revocation of contract due to the software’s bug. Furthermore, it includes the scope of compensation for damages due to the malfunctioning of the software. The essential computer software that operate the computer are targeted as a vital business transactions due to the development and increased supply of computers, heightened utilization of computer, and the advancement/digitalization of industrial structures; therefore, these legal issues occur more commonly. Unlike the “Software License Agreement” which is included when purchasing a software package, the contract of personalized software, which is developed for particular purpose, should be in a special form. Moreover, contrary to the earlier contracts from “produce to order” era, which are straightforward contract, these personalized contracts involve various and complex issues. While it is understood that the “Software License Agreement” has the characteristics of a purchase transaction, the contract for personalized software is indicated as unique form of contract. The civil liability, especially the contract’s aspect of completion of work,software’s bug, revocation of contracts, compensation for damages, etc., of development and supply of personalized software has been mainly reviewed in this study.