건설보증금 청구의 실무상 쟁점과 개선방안 - 선급금보증 및 계약보증을 중심으로 -

There are some differences among the guarantee companies in terms of the contractor's advance payment bond and performance bond due to the subcontractor's insolvency or fails to comply with contract. In addition, since there is no clear and unified bond payment standard for each guarantee company, controversy over limiting the option of the guarantee company is inevitably raised. Therefore, the following improvement measures are proposed in this study. ① Establishment of unified bond payment standards and minimization of disputes over bond payments by establishing the Construction Dispute Resolution Council, ② Resolution of unpayments to the socially disadvantaged persons including daily laborers by the contractor in terms of deletion revision of contract bond indemnity clause, ③ Payment of subcontractors If the payment bond is not fulfilled, the guarantee company will indemnify the performance bond payment to induce equal and fair subcontracting relationship with the subcontractor. ④ Penalties for failure to contract payment bond of the owner in the establishment of laws and regulations requires the application of improvement measures such as creating a smooth subcontract payment condition.