하도급대금의 직불 합의에 대한 검토

In the past, when construction work was subcontracted, there were many side effects, such as the ordering party (contractor) not paying the construction cost to the subcontractor (subcontractor) on time even though the ordering party (contractor) had already paid the construction cost, or the subcontractor (subcontractor) went bankrupt after receiving the construction cost from the ordering party, which led to the subcontractor (subcontractor) also going bankrupt. To prevent such damage, the direct payment system for construction costs was created by law, and not only public construction projects but also private construction projects were required to secure payment of construction costs through direct payment agreements in advance. However, the construction industry has recently been experiencing a recession. It is often confirmed through the media that construction companies or small businesses in the construction industry are going through personal (corporate) bankruptcy or rehabilitation procedures because they are not receiving payment for construction costs. Currently, we are establishing a legal basis for direct payment agreements for construction costs through the Subcontracting Act and the Construction Industry Basic Act. However, it is necessary to study whether direct payment agreements are actually effective through the Subcontracting Act and the Construction Industry Basic Act. In this paper, we propose various problems and improvement measures for the direct payment agreement. For example, first, we propose the mandatory specification of the date of confirmation for the direct payment agreement for construction costs, second, we propose the use of the alternative dispute resolution system (ADR) according to the direct payment agreement, third, we propose the unification of terms and the organization of concepts under the Subcontracting Act, fourth, we propose improvement measures for the priority problem among subcontractors, and fifth, we propose improvement measures for the timing of subcontracting payment. This paper summarizes the situation from the perspective of the weak, as the Subcontracting Act is a law to protect the weak, the subcontractor.