하도급 불공정거래에 관한 법적 고찰

Sub-contracts made between individuals are also generally allowed under the principle of freedom of contract. Therefore, it is not easy to find a general legal basis to control Sub-contracting unless there is a mandatory law specifically regulating Sub-contracts. However, it is legally and practically impossible to completely ban Sub-contracting by law. The harm of multi-level Sub-contracting is a serious situation in reality, and it can be said to be a typical blind spot where the principle of practical contract process does not work. Legal efforts to prevent the negative effects of Sub-contracting have been made in various directions. The purpose of this article is to dispel the suspicion that the strengthening of regulations on Sub-contracting severely undermines the freedom of contract, and to explain the need to take measures to strengthen Sub-contractor and Sub-contracting workers' rights. Examining from a normative point of view the justification on the need for stronger legal measures when the balance of power is structurally compromised between the contracting parties, by improving the legal means of contract control to restore the collapsing party equality among contracting parties, it is intended to provide a small help in overcoming the evils of Sub-contracting practices.