지방조달계약의 공정성 및 투명성 확보를 위한 입법적 과제

Abstract

The purpose of this article is to analyze the legal debate on the prevention of corruption in public procurement contracts, focusing on the provisions of the current legal system on securing fairness and transparency, and to suggest ways to improve them. This article is organized into three main chapters: first, Section II discusses the background of the expansion of procurement contracts and the need to secure fairness and transparency, and Section III analyzes the specific provisions on securing fairness and transparency in public procurement contracts under the Local Contract Act and the National Contract Act, as well as changes in the COVID-19 situation. Based on these reviews, Section IV presents the problems of the current legal system for securing fairness and transparency in public procurement contracts and suggests ways to improve them. The contents are summarized in more detail as follows. Ⅱ. Fairness and Transparency in Public Procurement Contracts, we first mentioned that contracts have emerged as an important form of behavior in the administrative sector due to the strengthening of democracy due to the trend of partner countries and the introduction of market economic factors under the influence of the new public management theory. It was also emphasized that fairness and transparency in public procurement contracts are important in terms of fiscal efficiency, and considering that contracts are also an exercise of administrative power, fairness and transparency are necessary to prevent corruption and other abuses of administrative power. Ⅲ. The legal review on securing fairness and transparency in local public procurement contracts examined the background of the enactment of the ‘Act On Contracts To Which The State Is A Party’ and the ‘Act On Contracts To Which A Local Government Is A Party’, which are the general legal bases for public procurement contracts, and their important provisions, focusing on contracting methods, pledges of integrity, restrictions on the eligibility of unauthorized parties to participate in bidding, and disclosure of contract information. Ⅳ. Problems and Improvement Plans of the Current Legislation In this section, we reviewed the issues of controlling veterinary contracts, which are the most discussed among the provisions for securing fairness and transparency, and strengthening the accountability of public procurement contracts by expanding the scope of disclosure of contract information, along with recent social discussions. It was pointed out that for the proper operation of veterinary contracts, it is necessary to control arbitrary operations, such as split and abusive contracts, and to disclose contract information, such as the reason for the veterinary contract. Regarding the disclosure of contract information, it was emphasized that legislative improvements are needed to ensure sufficient clarity and predictability in establishing the legal basis for such disclosure in the law and specifying it in subordinate laws. In addition, operational improvements are needed to identify reasons for contract restrictions and fraudulent parties in contract operations. Finally, while it is necessary to recognize the public's superior status to ensure the fairness of contracts, it is necessary to impose appropriate restrictions to prevent infringement of the public's rights and corruption that may arise from the superior status, and it is necessary to activate the dispute settlement function of the Contract Dispute Mediation Committee. Local government procurement is expected to be more widely used in the future, and fairness and transparency in defense procurement contracts should be further strengthened to ensure fiscal efficiency and the realization of the principle of equality. We look forward to continued legislative and policy improvements to this end.