재난예방을 위한 소방시설공사의 분리발주에 관한 공법적 고찰

Abstract

A fire fighting facility is an important facility that protects people's lives and property from disaster or fire. The qualifications and requirements for companies are stipulated in fire service laws so that the fire fighting facility shall be surely constructed by registered companies which have expert knowledge and technology because of special characteristics of the facility that requires safety and accuracy. However, at present, the actual condition is that total construction companies receive turnkey-based orders for most of construction work. This paper is intended to present the validity and justification of introducing a separate order system in firefighting facility construction after reviewing a separate order and current turnkey-based order to undertake construction by subletting a construction project for which a prime contractor receives an order, including a joint contract. In order to accomplish this purpose, it is intended to analyze Korean legislation about firefighting facility construction and to present a plan for improving the current legislation so as to introduce a separate order system to firefighting facility construction. To this end, a research method from the perspective of comparative laws was used at the same time, which reviews legislation on separate order in foreign countries that enforce laws on separate order in public works.