하도급법상 징벌적 손해배상의 법집행상 문제점과 그 실효성 제고방안

초록

Since the newest legislature of the punitive damages on the violation of the protection on the technical information is on the effect in 2011, about 6 years have passed. The punitive damages is a discretional treble damages which is now widely adapted on the other 5 new acts including the Protection on the Short-term Laborers Act, the Protection of Financial Information Act, the Protection of Personal Information Act, and the Fair Transactions in Franchises Act. Now we need to review the real impact on the punitive damages in the subcontracting relations whether to readjust it. According to the annual Written Fact-Finding Survaey on Subcontracting published by the Korean Fair Trade Commission subcontractors still responded that they had suffered the violation by prime contractors regardless of the enforcement of the new punitive damages. Therefore we need to revise the punitive damages to increase the expected sanctions. Based on the theory of optimal law enforcement I propose that let`s revise the discretional treble punitive damages to be the discretional 10 times punitive damages to improve the enforcement power of the Act.

키워드