하도급법상 원사업자 범위에 대한 연구 : 국제 하도급거래를 중심으로

This paper’s main purpose is, to examine the scope of the prime contractor under the Fair Transactions in Subcontracting Act(FTSA) at issue in international subcontracting relationships. The study concludes as the following points : First, based on the textual interpretation, historical interpretation, and international scope of the FTSA, the prime contractor may include both domestic and foreign business entities. Second, if the subcontracting transaction is conducted in a foreign country, it would be difficult to regulate a foreign business entity as a prime contractor, but it is interpreted that subcontracting transactions between business entities can be regulated, and the Korean Fair Trade Commission(KFTC) is in the same position. Third, if the subcontracting transaction is conducted in Korea, the FTSA is interpreted to regulate foreign business entities (and their domestic subsidiaries and sales offices) as prime contractors, but the KFTC has not taken a clear position. To address these issues, improvements are being requested through amendments to the FTSA and changes in the KFTC’s enforcement methods.