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정부계약의 투명성 제고를 위한 법제개선방안(Legislative proposals for enhancement of transparency of the government contract law) : 정부조달부문의 입찰담합 규제를 중심으로(Focusing on the regulation of bid-rigging in the public procurement sector)

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Title 정부계약의 투명성 제고를 위한 법제개선방안(Legislative proposals for enhancement of transparency of the government contract law)
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정부조달부문의 입찰담합 규제를 중심으로(Focusing on the regulation of bid-rigging in the public procurement sector)

Material Type Reports
Author(Korean)

신영수

Publisher

서울:한국법제연구원(Korea Legislation Research Institute)

Date 2006-10
Series Title; No 연구보고
Pages 183
Subject Country South Korea(Asia and Pacific)
Language Korean
File Type Documents
Original Format pdf
Subject Government and Law < Public Administration
Holding KLRI; KDI School

Abstract

The former legal concerns on the Government Contract have been aroused mainly from the sector of the public administrative law and the contract law, so far. However the government contract should be considered as an important area in the public finance law at the same tiem, in that the government contract would cause a budget of revenues or expenditure. Among the government contract, this paper put the fouces on the public procurement sector which holds 45%of whole public finance in Korea, with the angle of transparency.
In recent years, various legislative trials have been promoted in field of the public procurement and they obtained significant success. But, regarding the process of bidding, another demands of transparency for private bidders wtill remain. The Cartel among bidders which is called bid-rigging still exists in the public procurement sector. It has not only distorted competition discipline in that market, but also led to unnecessary spending of the budget. The problem is the current legal system doesn't have an adequqte measrue to solve this issue in terms of the public finance. Although the Government Contract Act and the Fair Trade Act contain relevant provisions, more direct and active legislative steps are urgently needed. This paper reviewed several countries' legislation related and sought to deduce their implications.
Considering mainly the example of U.S. and Japan which have managed this issue with abundant experiences, this paper suggests some ideas to develop the current legal framework. Firstly, the legislative scheme should be converted toward to develop the ability to expose the bid-rigging of the ordering government agencies. Secondly, the advance consultation between the Korea Fair Trade Commission and the ordering government agencies should be clearly stipulated in the alw. Thirdly, current laws have much to be desired for the regulation of public officers' involved Bid-rigging. Finally, as the law to hold above mentioned measures, the paper proposed the amendment of the Act on public procurement service.