사정변경에 의한 계약 해지 시 손해배상제도에 대한 개선안 제안

초록

Social changes and sharp price increases caused by force majeure events such as COVID-19 and wars have significantly impactedconstruction contracts, leading to increasing financial losses and disputes. In this context, the "principle of changed circumstances" outlined inArticle 45 of the General Conditions of the Construction Contract has emerged as a basis for contract termination. However, concerns remainregarding the clarity of its legal interpretation and the scope of compensation. This study employs an interdependent methodology and caseanalysis to compare domestic and international laws and precedents, proposing revisions to construction contract regulations based on expertreviews. The findings reveal that while the application of the principle of changed circumstances remains cautious in both domestic andinternational legal frameworks, efforts to reduce disputes and enhance fairness among contracting parties are expanding. Notably, significantdiscrepancies were identified in the interpretation of indirect costs incurred during project suspension. However, it was found that expandedcompensation for costs such as site management and labor expenses is feasible. Based on these findings, this study proposes clarifyingconditions for changed circumstances and compensation criteria during the early stages of contracts to prevent disputes and enhance equity. These proposed improvements are expected to strengthen shared responsibilities between clients and contractors and contribute to thesustainability of the construction ecosystem.

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