공공조달을 통한 사회․환경적 가치의 구현* ― EU의 공공조달 관련법제를 중심으로 ―

There have been heated disputes on whether it is justifiable for public entities to consider social environmental values in awarding public procurement contract as compared to the way that only economic consideration is allowed. The disputes demonstrate the fact that social environmental consideration in public procurement is not self-evident. This article does not show which side is prevailing theoretically, but shows what kind of stance has been preferred by the policy decision makers so far between the two extremes, especially in the context of European Union(EU), and its implications on Korean society. European Community, at its outset, was very cautious about linking social environmental consideration with public procurement(procurement linkage), for such linkage could conflict with the principle of EC Treaty, especially with the principle of economic integration. Early procurement laws in Europe allowed to award public contract based not only on the lowest price but also on “the most economically advantageous tender”(MEAT). The latter criteria clearly allowed the procuring entities to award contract based on several factors other than price, but it was then rarely thought that the MEAT permitted social and environmental consideration in awarding contract, meaning only “economic” consideration allowed. But European Court ruled differently, in several cases on public procurement, that awarding contract based on the MEAT did not mean the negation of the principle of EU Treaty by interpreting the MEAT to include social environmental consideration as well as economic. It was at the end of 1990s. Following these decisions, the EU Council, Parliament and Commission issued several Directives and Communications which openly allowed procurement linkage. The Commission afterwards used its several policy tools —recommendations, guidelines, researches, informations etc.― to promote the linkage in the member states. Procurement linkage, however, is not mandatory and constrained by the principle of EU Treaty. EU is still very concerned about the possibility of using procurement linkage as discriminatory or protectionist tools resulting in the reduction and distortion of competition. EU is trying to take full advantage of the procurement linkage but only as far as it respects the EU principle of market integration. It is obvious that EU is recognizing the necessity of procurement linkage and is decisively moving toward promoting it. One of the reasons must come from the fact that the social environmental value is getting more and more critical in sustaining European and global society. Considering the global characteristics of our times, it seems inevitable for the Korean public entities also to take into consideration social and environmental value in public procurement contracts. Then the European experiences will prove to be a good example which we can follow. The new trend warns the Korean business corporations to prepare themselves in terms of corporate social responsibility if they want to participate in the European procurement market, and even in the Korean procurement market in the future.