Art. 14 of the Korean Fair Subcontract Transactions Act prescribes that the subcontractor can claim the orignal undertaker to pay subcontract amount directly to the subcontractor, if the contractor is under the insolvency procedure or there is an agre...
Art. 14 of the Korean Fair Subcontract Transactions Act prescribes that the subcontractor can claim the orignal undertaker to pay subcontract amount directly to the subcontractor, if the contractor is under the insolvency procedure or there is an agreement upon the direct payment among the undertaker, the contractor and the subcontractor. This kind of legal figure, which can be called action directe, in itself is originated in France, and furthermore, art. 14 KFSTA is very similar to the chapter 3 of the French Subcontract Act, although the chronicle of the prescription suggests there is no relation between both codes. So, a study on the french doctrine of action directe would be fruitful and inspiring for the interpretation of art. 14 of KFSTA.