하도급법상 하도급계약서에 관한 연구

Abstract

The Subcontracting Act adopts the written principle of subcontracting to resolve the ills of oral contracts, and stipulates the obligation to preserve contracts. This is to prevent and effectively resolve disputes by clearly setting the contents of subcontracting contracts, and to regulate the original business operator who has entered into unfair subcontracting contracts. However, the regulations related to writtenism under the Subcontracting Act have various problems and need to be improved. To this end, the paper studied subcontracting transactions and written attention, problems of the provisions for the issuance and preservation of contracts under the Subcontracting Act, and improvement measures. The improvement plan is summarized and presented as follows. First, in order to conform to the written principle of subcontracting, the obligation to prepare and issue contracts needs to be revised to the obligation to conclude and issue contracts in writing. Second, it is also necessary to allow the original business operator to issue a contract stating only the relevant matters if the matters are confirmed after issuing a contract that does not include some matters for justifiable reasons. Third, in order for the contractor's right to request confirmation to be more effective, it is necessary to amend the effect to consideration, not presumption, and to recognize the request for confirmation by the contractor if the original contractor fails to acknowledge or express negative intentions.