Earticle

초록

영어

The issue of liquidated damages for delay is one of the most important issues in the defense materials business, both for the government and the companies. With the increasing number of claims or court cases related to liquidated damages for delay, the companies providing defense materials to the government may need to make it a high priority to become well versed in the related court decisions. Meanwhile, the courts, when judging this matter, seem to be reluctant to accept the argued excusable causes, especially those originating from the delay on the part of the suppliers, and to discharge companies from the responsibility of providing liquidated damages for delay. The defense industry, however, has three outstanding characteristics that totally separate it from other industries. First, in many cases, it is virtually impossible for the domestic companies to deliver materials to the government on time when a foreign company exclusively supplies many of the main components. Second, the domestic companies should make purchase orders from their foreign suppliers in advance so that they could deliver the ordered materials to the government on time, even before the contract between the company and the government is entered into. Third, the South Korean government has agreed, through its official interpretations, to discharge liquidated damages occurring due to the DPAS under certain conditions. These three characteristics may lead to the conclusion that in some cases, the domestic companies do not have any way of preventing delayed delivery and as such, in those cases, the delayed delivery cannot be attributed to them. Even the government agrees to this conclusion. Therefore, if the aforementioned three characteristics of the defense industry will be taken into account, the courts may become more willing to discharge companies from their responsibility of providing liquidated damages for delay in the cases described above.

목차

Abstract
 1. 서론
 2. 방위산업에 있어서 지체상금 및 지체상금 면제사유 관련 규정
 3. 방위산업에 있어서 지체상금 관련 판례의 분석
 4. 방위산업의 특수성에 따른 판례 변화의 필요성
 5. 결론
 참고문헌

키워드

저자

• 강두원 [ Kang, Doo won | 삼성테크윈 주식회사 법무팀 변호사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  한국방위산업학회지 [Journal of the Korean Association of Defense Industry Studies]

• 간기

  연3회

• pISSN

  1738-6144

• 수록기간

  2000~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 390 DDC 355