earticle

영어

This study tried to seek a supplementary measure of a system through examining the legal properties, its effects, and further legislative examples of direct claim right of payment. For the legal nature of the Claim for Direct Payment, there were some cases that the general contract bond of primary contractor were transferred to subcontractors, but regulating that when the Claim for of primary contractors and the subcontract price bond of subcontractors should be subject to lapse can be thought to specially grant preferential performance. Examining the legislative examples in foreign countries, Germany is in the real situation of being wholly lacking in real cases, just of having applicable provisions as saying of being able to directly pay subcontractor from the position of the ordering body. France and England are protecting subcontractor by prescribing the direct claim right of payment as a specific proviso. Meanwhile, in America, the payment guarantee of the subcontracting payment is delivered to the ordering body(government). All the guarantee fees necessary for payment guarantee are paid by the ordering body, and are additionally involving the payment guarantee on worker's wages and material payment in addition to subcontracting payment. Japan is spreading the subcontracting policy of focusing on advice and precaution as for law offense. Considering the fact that Claim for Direct Payment to Subcontractor of the subcontractor against the ordering body is encouraging chaos in the protection for subcontractors, not being partially harmonized with other fields of law such as present Civil Execution Act, clear revision of legal regulations combined with Civil Execution Act seems to be necessary and moreover, as direct national intervention is increasing for protection of subcontractors, autonomy and regulation should be balanced for order establishment between primary contractors and subcontractors. Furthermore, in order to achieve a true subcontractor trading system for technology migration mentioned earlier, several conditions and government's efforts to improve the system is important, but above all, won providers supply operators with business partners to comply with accepted norms and will have to have a solid awareness.