하도급법 위반행위에 대한 사법적 관점에서의 시론적 검토

Subcontracting transactions take place across various industries. Ideally, both parties to the contract should complement each other in an equal and balanced relationship. However, in reality, this is often not the case. Typically, companies with a larger operational scale succeed in securing bid contracts, while smaller companies or businesses take on the role of subcontractors. It is quite challenging and complex for the FTC to investigate cases and determine unfair practices. Although it may seem that simply applying the Subcontracting Act would allow for common application across cases, in reality, different industries exhibit a wide range of distinct characteristics. The purpose of enacting the Subcontracting Act is to complement the equal standing of the parties in the contract. In macroeconomics, the market refers to the economy as a whole, focusing on large-scale economic factors such as national income, unemployment, inflation, and overall economic growth. It looks at the aggregate supply and demand across industries and sectors. In microeconomics, the market refers to specific goods or services, focusing on individual behavior of consumers and firms. It examines the supply and demand for particular products, pricing, and the decision-making processes of individuals and companies within smaller, specific markets. In the country with an industrial structure centered around large corporations, hold-up issues also arise as subcontractors align with the demands of primary contractors. This paper discusses the perspective of fairness in subcontracting transactions, and describes the direction pursued by the normative objectives of the law. It also focuses on how real-world issues are addressed and derives implications.