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http://dx.doi.org/10.5345/JKIC.2010.10.1.111

An Analysis of Judicial Precedents for Progress Payment to Subcontractor - Focused on Public Construction Projects -  

Lee, Dong-Hoon (경희대학교 건축공학과)
Kim, Sun-Kuk (경희대학교 건축공학과)
Song, Yong-Sik (유탑 엔지니어링)
Kim, Baek-Yong (대한주택공사)
Lee, Won-Suk (경희대학교 건축공학과)
Publication Information
Journal of the Korea Institute of Building Construction / v.10, no.1, 2010 , pp. 111-120 More about this Journal
Abstract
The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.
Keywords
Subcontract; Direct Payment to Subcontractor; Public Construction Project; Subcontracting Law;
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