공동수급체의 법적 성격에 관한 일 고찰

Today, construction works become increasingly larger, more comprehensive and more specialized as opposed in the past. Therefore, because one construction company has certain limitation on carrying out all construction works, several construction companies mutually complement their performance capability or reduce risks related to construction by jointly establishing a consortium. In particular, if small and medium-sized construction companies do not satisfy the permits or performance records qualified for the applicable construction by themselves, they tend to win a contract by meeting any necessary permits or performance records in collaboration with other companies. Joint venture agreement fosters small and medium-sized companies through expansion of opportunity to win contracts and promotes vitalization of local economy by causing local construction companies to participate in bidding processes. In addition, a project owner may secure certainty of construction performance through joint liabilities of joint venture members while a contract can expand opportunities to win a contract through reinforcement of financing ability and construction performance capability and create synergic effect through collaboration among construction companies in large-scale construction works. Despite such various advantages of a joint venture, some joint venture members often fail to perform their obligation of contribution as opposed to the original purpose, and there are many problems, such as settlement among joint venture members and adjustment of security deposit in case of the members’ withdrawal due to bankruptcy or other reasons, or disguised organization of consortium members for meeting the requirements for wining a contract. Accordingly, for efficient performance of construction works and balanced development of construction industry, it is proposed to require reasonable improvement of joint venture system. This study analyzes legal nature of joint venture before suggests problems under the current laws and an improvement plan for them.