행정조달계약법상 수의계약제도

Abstract

According to the Korean Supreme Court, the non-competitive contracts are construed as the exception in procurement, which have to be read restrictively and must not be interpreted by analogy. The non-competitive contracts have a good point in the view of efficiency and rapidity in comparison with the bidding system. On the other hand, they have been regarded as the hotbed of the official corruption. The Korean Government Contract Law defines precisely non-competitive contracts situations. The executive agency may use procedures other than competitive procedures under the contract law by awarding contractor without competition. Even though the head of agency violates the government contract law, according to the decisions of korean supreme court, the government contract is awarded effectively and fully, because it has considered the government contracts as the civil contracts constantly. The korean head of agency does not have the authority to decide the use of noncompetitive contract awards in the public interest under the korean government contract law.