공공조달계약 관련법제의 개혁에 대한 고찰 ― 국가계약법을 중심으로 ―

‘Public procurement contract’ means the contract which is concluded in the process of procuring goods, services and works between public agency and contractor. In Korea, these contracts are regulated mainly by ‘Act on the contract in which state is a party’(hereinafter ‘State Contract Act’). Recently, there are arguments for reform of this Act, which calls for the need to study and analyze reform of public procurement contract in European Union(EU). In general, EU is making efforts to consider ‘public law element’ of public procurement law. First, EU's new public procurement directive adopted new contract type; namely “competitive dialogue”. In this contract type, public authorities have power of limiting the number of participants. However, EU directive provides measures to curb this power. Second, there are provisions related to transparency (which is one of the major principles in public law), such as information disclosure provision for the prevention of discrimination between participants. Third, EU directive acknowledges social or environmental considerations in public procurement by allowing these consideration as an award criteria. Fourth, EU guarantees fairness in public procurement by expanding cases of exclusion from bidding procedure. Considering these trends in EU, we can suggest the following reform tasks. First, we should be very careful in adopting this type of contract because ‘capture’ problem can be more serious in Korea. It is better for us to use and complement ‘negotiation procedure’. Second, e-procurement should be dealt in directly in ‘State Contract Act’ because of its importance in people's basic right. Although electronic auction is already introduced in Korea, it should be used very carefully considering industrial structure and contract culture of Korea. Third, ‘State Contract Act’ should provide more clearly that social or environmental considerations can be used as an award criteria. In its implementation, however, these considerations should be balanced with economic efficiency of public procurement itself. Fourth, we should abide by principle of proportionality in dealing with exclusion from bidding procedure.