바카라사이트 추천

1. Case summary and the decision

Presenting an examination report, an examiner of the Korean Fair Trade Commission (the “KFTC”) provided an opinion of taking a certain action such as an order to pay the surcharge of about KRW288 million together with an order to correct against a large constructor for the reason that it had not provided multiple subcontractors with payment bonds for subcontracts with regard to repair work.

We were engaged by the constructor in the examination stage. We substantiated that the KFTC needed to ease the sanction imposed on the constructor, and the KFTC accepted our case and exempted the constructor from the surcharge payment order save for the order to correct.


2. Our role and implication

There has been an issue in relation to the applicability of the Subcontracting 바카라사이트 추천 with regard to construction work directly ordered by a contractor. The Subcontracting 바카라사이트 추천 was applied to the construction work directly ordered by the constructor.

Construction work to be directly ordered by a contractor is usually ordered at the cost of the contractor, regardless of a responsible party, for the perfect construction work (i.e., construction work to repair defects) or the maintenance of an amicable relationship with tenants (or agreement with the representative body of tenants).

Given these circumstances, if the strict regulations under the Subcontracting 바카라사이트 추천 apply to contractors as they are, there is a room for contractors to be subject to slightly heavy sanctions. We were able to obtain the exemption of the order to pay the surcharge by aggressively substantiating the following circumstances and requesting the KFTC to make a decision compatible with the principle of proportionateness and equality:

(i) Given that the constructor placed the order to repair defects at its cost for perfect construction work regardless of whether it was responsible for defects, and comparing to the original construction work and that the repair work was small in size and was conducted for a short period of time, it would be hard to see that the alleged violation of the applicable law would have a great riffle effect on the transaction order of subcontracting;

(ii) The constructor had completely corrected its alleged wrongdoings by satisfying with its payment obligations to the subcontractors or issuing payment bonds to the subcontractors; and

(iii) The contractor had used its best efforts to prevent the recurrence of the alleged violative 바카라사이트 추천, improving its internal system and distributing a job manual to ensure that payment bonds must be issued to subcontractors.

It is generally difficult for constructors to object to the KFTC’s decision under the legal principles. This case is meaningful in that the constructor was able to obtain the reduction of sanction imposed against it by aggressively substantiating the characteristics of subcontracted work, industrial practices and the circumstances surrounding the alleged violation of the applicable laws.


□​Attorneys in charge : Kang Sang-deok and Chung Yang-hun