건설공사도급계약에서 일의 완성 개념의 재구성: 대법원 판례에 대한 비판적 검토를 중심으로

In the dispute over the construction contract, the Supreme Court of the criteria for the completion of work that is a prerequisite for remuneration right of the contractor, has a favorable effect on the contractor. Supreme Court is looking at some three criteria based construction completion scheduled process, the commitment of the main structural part, on social conventions, will reach the building. However, in practice trials, contractor's claims that construction has not been completed is not rarely observed. it is court cases that defects occurred in major structural part is treated as a matter of simply defect. in terms of incompleteness of work, defect and uncompleted work are merely homogeneous and a matter of degree. you must include the elements of the imperfections of the work in determining whether work is complete. Factors to be considered when a decision is made as to whether the completion of the work in the doctrine of substantial performance that theory of Japan, formed in the United States contract law and case law are as follows. In other words, the end of the planned industrial species, construction which is free from defects in major structural part, and in compliance with building codes, the extraction degree of profit loss purpose of the contract, the possibility of relief by damages, the contractor, and the willful nature of contractor it is possible to. When make a judgment for completion of the work, it must be considered comprehensively above elements.