표준 하도급 계약서의 현황과 개선방안

The standard subcontracting agreement can be found to have its own institutional advantages in that it incorporates legal measures in advance to prevent illegal acts and form autonomous and positive subcontracting relationships, which are not adequately addressed by leaving it entirely to private autonomy. However, under the revised law, the KFTC, which now has the power to revise the standard subcontracting agreement, may undermine the effectiveness of the agreement if it does not sufficiently consider the opinions of the relevant undertakings or business organizations in the process of drafting the standard subcontracting agreement, or if it creates the agreement uniformly without reflecting the characteristics of various industries or simply transcribes legal provisions. Therefore, in order to promote the positive aspects of the standard subcontracting agreement, it is necessary to establish a procedure to gather and reflect the opinions of various stakeholders during the drafting stage and to impose an obligation to indicate any changes made to specific provisions. This is because there are various contracts being made on site or in the workplace, and it is practically difficult to incorporate all of them into the standard subcontracting agreement. Furthermore, it would be possible to seek measures to enhance effectiveness by considering various forms of incentives in addition to reducing penalties. Through such measures, it would be possible to strengthen the purpose of the standard subcontracting agreement system, which is to establish autonomous subcontracting relationships based on mutual cooperation.