사정변경과 하도급대금의 조정 - 하도급대금 조정을 위한 ‘협의제’와 ‘연동제’에 관한 논의를 중심으로 -

Abstract

This article begins with the premise that when the supply cost, such as raw material price, increases beyond the expected range after signing the contract, the contract needs to be revised, such as raising the original subcontract price from the perspective of the change of circumstances. However, the subcontracting relationship to which the subcontracting law is applied has an aspect that it is difficult to reach a valid consultation for contract modification due to the gap in ‘the bargaining position’ between them. In this regard, Article 16-2 of the Korean Subcontracting Act guarantees opportunities for mediation to the contractor by giving the contractor the obligation to faithfully engage in mediation consultations. However, according to the results of a recent survey by Korean FTC, there are very few cases in which the increase in supply costs is reflected in the subcontract price by using the above system in the face of the recent surge in raw material prices. Accordingly, the SMEs strongly insist on the introduction of the so-called ‘interlinked price system’, which obliges the increase in supply costs to be reflected in the subcontract price. However, the ‘interlinked price system’ is a regulation method that goes beyond the limit of price regulation under the Competition Act, with the aim of fundamentally excluding the possibility of autonomous consultation by the parties and ensuring the lowest price to be adjusted. The situation that suppliers bear the increase in supply costs alone should be improved, but the means should be reinforced under the subcontracting law, not the introduction of the ‘interlinked price system’, and there is enough room for the ‘price adjustment consultation system’ to be supplemented.