국내기업의 해외법인들간 하도급거래에 대한 하도급법의 적용 가능성

As domestic companies expand their overseas expansion, subcontracting transactions with local companies or corporations are also increasing. In this process, large corporations establish overseas affiliates in the region, and a group of subcontractors that were in a cooperative relationship in Korea also establish separate corporations in the region to form subcontracting relationships The subcontracting transactions formed in this case do not actually differ significantly from the transactions and contract details and practices between domestic original operators and subcontractors. In this situation, it may be questionable whether Korea's subcontracting law can be applied to local corporations. According to the territorial principle, the application of domestic subcontracting laws should be excluded, but if foreign factors are weak in the subcontracting transaction, such as the local subsidiary's close relationship with the domestic parent company or affiliates, it is difficult to conclude that the application of domestic laws is unconditionally excluded, as in the case of transactions between pure foreign companies established by locals. This article sought legal issues and alternatives in consideration of the recent situation in which it is questionable whether to apply the domestic subcontracting law to subcontracting transactions that occur among overseas subsidiaries of domestic companies. To this end, reasonable application and system improvement measures were presented by comprehensively considering the relationship between subcontracting parties, the degree of involvement of domestic corporations, the existence of competitive relationships with local laws and other local companies, and the impact on the domestic market and transaction order.