조선해양플랜트계약의 특징과 개선방안 - 선박건조 SAJ 계약서와 플랜트건설 FIDIC 계약서 비교를 중심으로 -

Abstract

The shipbuilders in South Korea records tremendous loss of seven trillion Korean Won, not long after entering the offshore construction market, due to adopting FIDIC Silver book based contracts for their construction contracts. One of the causes of such huge loss is accounted for the belated contract studies of the builders which are carried out after contract disputes arise, while the EPC contract clauses delivers all the contract responsibilities of design, supply, and construction unto the shipbuilders. Firstly, reviews of the contract forms that are frequently used by the international shipbuilding and construction market are made and secondly, a look on the commercial backgrounds of the frequent adoption of unbalanced contract forms even with the unceasing criticism on such unbalanced contract structures is made. Thirdly, for the purpose of understanding such bias in offshore construction contracts, the comparison between the SAJ form of conventional shipbuilding and FIDIC form of international construction. Reviews on the differences between the two forms pertaining to design responsibilities prior to the construction, investigation processes in the midst of the construction, and duties in regard to the unexpected outbreak of problems. Fourthly, commercial and legal recommendation as a strategic solution against such bias in consideration of the international commercial market, requesting wholesome understanding on legal contract structures and commercial applications.