問9
頻出度★★☆
大手システム開発会社A社からプログラムの作成を受託しているB社が下請代金支払遅延等防止法(以下,下請法)の対象会社であるとき,下請法に基づく代金の支払いに関する記述のうち,適切なものはどれか。
平成28年度 春期 ITパスポート試験 問9
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 9
- ア
正解 Under the Subcontract Act (Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors), the ordering parent business must pay the subcontract proceeds within 60 days counted from the date it receives the deliverable from the subcontractor, and within as short a period as possible. This 60-day deadline is not affected by whether the inspection has been completed, and payment may not be delayed on the grounds that inspection is unfinished. In this question the ordering major system development company, Company A, is the parent business, Company B, which is contracted to create the programs, is the subcontractor, and Company A is obligated to pay within 60 days from the date of receipt, regardless of whether the inspection has been completed. Therefore ア is appropriate.
Incorrectイ
Incorrect. Under the Subcontract Act the payment deadline is within 60 days from the date of receipt, and whether or not the inspection is finished does not affect this deadline. Even if the inspection is not finished, the parent business is obligated to pay within 60 days, so this option's claim that there is no obligation to pay while inspection remains unfinished goes against the intent of the law.
Incorrectウ
Incorrect. The Subcontract Act imposes obligations of payment and receipt on the parent business, not an obligation on the subcontractor (Company B) to undergo inspection for a certain period. This option swaps the figure of 60 days from a payment deadline into an inspection period; it fails on both the subject and the content of the obligation.
Incorrectエ
Incorrect. Inspection is normally carried out by the parent business after delivery (receipt) and before payment, so the order in which Company B undergoes inspection only after receiving payment is reversed. This option contradicts the Subcontract Act on two counts: the subject of the payment obligation (the parent business) and the time sequence.
ここがポイント
- Subcontract Act (Act against Delay in Payment of Subcontract Proceeds, etc. to Subcontractors): the parent business must pay the subcontract proceeds within 60 days counted from the date it receives the deliverable from the subcontractor, regardless of whether the inspection is completed.
- Role summary: the major system development company, Company A, that orders the program creation is the parent business, and Company B, which is contracted to create them, is the subcontractor. It is the parent business side that bears the payment obligation.
用語