대학 산학협력단에 대한 입찰참가자격 제한 처분에 관한 공법적 고찰

This paper aims to analyze the legal problems of the restriction on qualification for participation of the industry-academic cooperation foundation of a university in tendering procedures and to find the way out of theirs. First, the distinguishing characteristics of the Industry-Academic Cooperation Foundation (IACF) are indicated. A university may establish an organization to be in charge of the affairs for industry-academia-research cooperation prescribed by the school regulations. The IACF is a nonprofit public organization and it shall be a juristic person according to the 「Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act」. The director of any IACF may enter into an agreement on industry-academic cooperation with the State, a local governments, research institute, industrial enterprise, etc (State etc). This agreement is different as an agreement between private companies. Second, the legal backgrounds of the measures of the restriction on qualification for participation of a business entity in tendering procedures are analyzed. If the head of a state etc. finds that a person is likely to undermine fair competition or appropriate performance of a contract or that it is improper to permit a person to participate in a tendering procedure on any other ground, he/she shall place restrictions on qualification for participation of such inappropriate business entity in a tendering procedure for a period according to the 「Act on Contracts to which the State is a Party etc」. This paper draw the conclusion that these Acts are not in harmony with the 「Constitution of the Republic of Korea」, because they do not differentiate between the private business entity and the IACF of a university in measures of a restriction on qualification for participation in tendering procedures.