하도급법상 하도급대금 직접지급청구권

Abstract

The Fair Transactions in Subcontracting Act has a regulation about Direct Payment of Subcontract Consideration. The Direct Payment of Subcontract Consideration aims protecting subcontractor who has econo- mical weak position in the subcontracting. Article 14 paragraph 2 prescribes that ① When the subcontractor has requested direct payment of the subcontract consideration because the principal contractor’s payment has been suspended, the principal contractor is bankrupt, or other similar reasons exist, or because the principal contractor has become unable to pay the subcontract consideration due to revocation of permission, authorization, license, registration, etc. relating to the business; ② When agreement has been made among the person placing an order, principal contractor, and subcontractor that the person placing an order shall pay the subcontract consideration directly to the subcontractor; ③ When the subcontractor has requested direct payment of the subcontract consideration where the principal contractor has failed to pay to the relevant subcontractor two or more installments of the subcontract consideration to be paid by the principal contractor as prescribed in Article 13 (1) or (3); ④ When the subcontractor has requested direct payment of the subcontract consideration where the principal contractor has failed to perform his/her obligation to guarantee the payment of subcontract consideration as prescribed in Article 13-2 (1) or (2) occurs the right of Direct Payment claim. Subcontractor actually invests his efforts and costs by manufacturing, repair, construction, or service performance. If the subcontractor fails to pay the subsidy money from the principal contractor, he will not be able to collect all of the expenses he invested in. However, the right to request Direct Payment conflicts with the principal contractor's creditors. In this article addresses these problems as well as problems with practical matters.