재정건전화를 위한 계약심사제도의 개선방안

Nowadays, the local governments take a cost analysis before signing a contract and screen the appropriacy of the increase in the lump-sum designed in the statement of contract according to the 「Law on the contract with the local government」. This institution was introduced first to the Seoul in 2003, with the notion of its helping to reduce the waste of budget, so that its range of application has been enlarged to the metropolitan council in 2009 and to the primary local government in 2010 gradually. For recent 3 years, the local governments which adopted and managed the institution of screening the contract publicize the ratio of reduction in a budget and the central government, for example the ministry of Security and Public Administration seems to make an endeavor to manage the contract screening institution successfully in order to enhance the efficiency and soundness of public finance. So it is necessary to review its meaning and function in terms of public finance law to predict the possible risk and problems in its actual operation and find out its improvement. As a premise, I tried to analyze the annex between the public procurement law and the public finance law(budget and fiscal law) in a comprehensive way. And then I review the legally possible conflicts, existing judicial remedies for violation of rights and their improvements in turns. For this argumentation, I examined the comparative legal study in USA and Germany with appreciating the legal meaning of judicial remedies by public finance law, competition law and common law etc. so as to find out the lessons on our legal institution. Finally I tried to suggest the precondition of successfully managing the contract screening institution so that it may be a useful measure to enhance the autonomy and responsibility of local self-government by strengthening the connection with other institutions based on the Local Autonomy Law and Local Finance Law etc.