This report mainly aimed at identifying the possibility of fair transactions in subcontracting in the perspective of criminal sanctions on unfair transactions in subcontracting and its limitations. For this purpose, it explored and discussed the definition of subcontracting, and the history of transactions in subcontracting and its examples. It also discussed the current occurrence and the key features in the phenomenon. In addition to this discussion, it identified the problems of unfair transactions in subcontracting in terms of laws, regulations, and legal theories, respectively. Based on this identification, it discussed the overall regulations and its application in the fair transactions in subcontracting act in Korea. To compare the related legal systems and regulations, it examined legal systems in transactions in subcontracting among the United States, France, Germany, Japan and other countries of importance and discussed the best practices and policy from a criminal perspective. Comparing the legal systems related to transactions in subcontracting, it appeared that only two of the countries, Republic of Korea and Japan, discussed established the legal regulations on transactions in subcontracting in the form of special act, Fair Transactions in Subcontracting Act in Korea. Although France takes a regulative approach towards transactions in subcontracting by enacting individual law on subcontracting, the approach is based on criminal perspective. It also appeared that subcontracting in public procurement and bidding system is developed in leading countries. Republic of Korea has approached the problem contrawise, Fair Transactions in Subcontracting Act in Korea was established from the criminal perspective, ranging from the both of public and private. For these reasons, this report took an approach based on the private field, focusing on the Fair Transactions in Subcontracting Act in Korea.
From this point of view, inspections and surveys on current state of types of unfair transactions in subcontracting were conducted to identify the current state and problems of unfair transactions in subcontracting, and the suggestions for its improvements. According to Fair Transactions in Subcontracting Act in Korea, the activities of transactions in subcontracting are defined in the field of manufacturing, repair construction, and service. Based on the legal definition, trend in transactions in subcontracting and occurrence per types of unfair transactions in subcontracting were investigated, limitations and problems in existing transactions in subcontracting were discussed by the investigation. For this purpose, survey on experts' perception on the subject matter was conducted towards field practitioners, lawyers, academic professionals, and actors in transactions in subcontracting. As a result, this report focused on suggesting the assessments on unfair transaction in subcontracting, problematic realities and its implications.
Given that there are criminal sanctions and its limitations in unfair transaction in subcontracting as well as protective policy on subcontractors, it searched for the policy implications to improve the given situation. It mainly focused on the problematic operations in criminal sanctions such as legal suitability in criminal sanctions and lukewarm attitude of exercising of exclusive complaint by the Fair Trade Commission. Thus, it analyzed the mechanism of occurrence in transactions in subcontracting and drew out the effective and reasonable criminal sanctions as a policy implication. Moreover, it examined the effect of crime prevention in relation to unfair transaction in subcontracting and investigative utilization.
Lastly, it discussed the problems and the policy implications for the subject matters in unfair transaction in subcontracting on the basis of the theoretical review and research analysis, and suggested the considerations for improving the given situation. What the researchers had most concerned about lied in identification of balance in illegality between activity of unfair transactions and activity of unfair transactions in subcontracting and of legal limitations in terms of economic stimulation, and suggestion of desirable policy implications for the subject matters. This report is of great importance that is needed to identify the policy adjusted to our own situation, to suggest the desirable alternatives in the criminal perspective and to develop the theoretical and practical discussions since Park Geun-Hye Administration has asked 'return to normality from irregularity.