불공정입찰에 관한 공법적 쟁점- 견적기간과 예정가격을 중심으로 -

Abstract

An unfair bidding is a fall. This is contrary to the basic order of economic activities to ensure fair and free competition, which is the basic principle of the market economy system. At the center of the study on unfair bidding, unfair joint act and unfair trade act of bidders. However, this study investigates cases where a bidding agent against a bidder is caused by abusing market dominance. In addition, the unfair bidding of public institutions aimed at the public interest, not the private ones, against the civil construction companies not only restricts the interests of bidders' rights protection but also deteriorates the public interest in the sound development of the construction industry. There is a need for the study of public law. In particular, the importance of bidding is emphasized in that contracts for construction contracts are large due to unfairness in bidding. The issue of unfair bidding is divided into the problem of shortening the period for estimate and the problem of the reduction of the estimated price. In the case of a quote period, a construction whose construction cost exceeds KRW 3 billion in accordance with Article 27 and the ENFORCEMENT DECREE OF THE FRAMEWORK ACT on the CONSTRUCTION INDUSTRY, Period should be set. However, it is a matter of bidders' interest in protecting the rights of bidders, which is caused by shortening the period of estimation. In the case of the planned price, the bidding officer of the construction contract with the public institution as the party does not comply with the projected standard price creation standard of the Ministry of Strategy and Finance and calculates the planned price in a manner out of the range of reasonably adjustable It is a question of the interests of the rights of the bidders to be generated. Bidders' rights through a series of processes that demonstrate that they are responsible for the violation of general obligations and notice obligations and unfair bidding practices that damage the fairness due to the shortening of the quotation period and the scheduled price reduction, In addition to the benefit of protection, it is argued whether the application of the CONSTRUCTION INDUSTRY bidding offense is appropriate to include the bidding officer, not limited to existing bidders. In addition, the principles of equality of the CONSTITUTION OF THE REPUBLIC OF KOREA, as well as the dominance of the market and the prevention of abuse of economic power, have resulted in pointing out the factors of the abandonment of the construction industry and suggesting legislation for the public good of the sound development of the construction industry.