공공소프트웨어사업에 있어 하도급 규율 개선 방안

Abstract

Procurement contracts regarding public software are characterized by being public insofar as they are financed by public finances. Related to matters of public procurement contracts, the government in not an ordinary consumer. It shall have the powers devoted to the goals of general interest, to encourage and develop the industry in question as well as to ensure the economic development of SMEs(small and medium enterprises). Because the significance of the matter is considerable with regard to the entire market, this constitutes, in some measure, a constitutional obligation. However, the practice of subcontracting is accused of being one of the major causes for the degradation of revenue for SMEs in software. Under this practice, companies are at risk of reaching a steady state as a sub-contractor so that the industry itself faces the fundamental impediment. Particularly as regards the SMEs that are relatively competent in the field, they can not leave their status of producer of the experts in this market reality. Therefore, the software industry is considered in the industry as so-called 4D(Dirty, Dangerious, Difficult, Dreamless). So even that there is on process of pre-authorization, on juriduqe regime, it only applies to the sub-contract in the first stage, the rest being left unsupervised. this is so that in the market SMEs are still poorly-treated and that many jobs are made freelancer. In this context, this article is devoted to promote the industry obtaining a reasonable system of the subcontract in software. Some proposals are presented as well as preventing the practice of sub-contract the whole work, the prohibition in principle for the renewal of subcontracting, the incentive for subcontractors so that they can integrate as contratants and the establishment of the mediation process for disputes in this area.