하도급대금 연동제 2년의 성과와 평가

The ‘Price Adjustment System’ recently introduced in the ｢Fair Transactions in Subcontracting Act｣(hereinafter “FTSA”) have been reviewed in this paper including the legislative progress and examples of several country. It seems that no country has introduced this system in the private sector, but most countries have introduced a similar system in the public sector, and even in the private sector, the principle of change of circumstances is used to create unreasonable results due to changes in raw material prices between parties. Although the appraisal of the performance of this payment linkage system for 2 years may be too early, but I would like to suggest a general assessment and show the desirable direction in light of recent Japanese cases. Looking at recent legislative trends in Japan, the change in the name of the existing Subcontracting Act has led to some regulatory changes. Furthermore, several on-site surveys have been conducted to assess the effectiveness of this linkage system in practice. Through these surveys, Japan has been able to understand the internal sentiments of businesses, including the rate of labor cost pass-through across stages in the supply chain. Based on these insights, labor cost negotiation guidelines have been proposed, providing valuable insights for us. The areas we can model include 1) reflecting on the CEO's change in perception and CP evaluation in Korea, 2) mandating regular notification of intent to negotiate, 3) standardizing and objectifying cost-related data, 4) unifying and expanding the scope of coordination and linkage, 5) linking across the entire supply chain, 6) providing active support and utilization through consultations, and 7) preserving negotiation records and utilizing them for evaluation. In terms of the legal system, consistency between the Subcontracting Act and the Mutual Cooperation Act is absolutely required, and in the long term, enacting a law that integrates the provisions on abuse of dominant position under the Fair Trade Act is considered a desirable alternative. Finally, in light of the Constitution and foreign legislative practices, it is most desirable to regulate autonomously between the contractor and the subcontractor, and to give the parties room for negotiation, prevent unfair subcontractors as well as unfair contractors, and form a natural culture in which they can coexist in the long run.