동아시아 정부조달법 발전방향 -동아시아연합(EAU)을 염두에 두고-

Bearing in mind a possibility of the formation of the East Asian Union (EAU), this paper discusses the development direction of government procurement law in East Asia. Many refer the 21st century as the age of Asia. To realize this, it is necessary to establish solidarity, harmony and unity between three East Asian countries: Korea, China, and Japan. Surprisingly, this hope and expectation resounds in Pan-Asianism advocated by a young, brave and great political philosopher and a soldier of the early 20th century Korea, Jung-geun An, just before his death. Europe has found a politico-economic union known as the European Union, created a common currency called the EURO, and established a military alliance known as the NATO. This is an embodiment of the essence of Pan-Asianism theory realized in Europe based upon its history and values. Similarly, the union of East Asian countries would systemize human rights, peace, economic development, and East Asian values in the Union. Accordingly, East Asia should head toward the formation of EAU to counter the politico-economic union of Europe. Each East Asian country should be able to materialize such direction through various policy implementations. Specifically, the author focuses on that 50% of the public spending is executed through government procurement system. It would be helpful for three East Asian countries to harmonize and unify the operation of public spending system in order to actualize the EAU. However, this system should not only suit the East Asian countries, but it also should be in accord with the global standards, reflecting the progressive government procurement law of the European Union, the United Nations Commission on International Trade Law, the government procurement Treaty of the World Trade Organization, and various standards of the World Bank. Therefore, this paper presents the need to unify standards of East Asian government procurement, examines international trends of government procurement law, and reviews the present state of government procurement law in Korea, China, and Japan. Next, this paper examines three areas facing difficulties in corresponding with contemporary issues arising from viewing the legal characteristic of government procurement contracts as private contracts. Specifically, these are (1) corruption and ethos of personnel in charge of government procurement, (2) a two-stage theory on legal characteristics of government procurement, and (3) a governmental monopsony in government procurement and an application of legal principle of antitrust law. Next, this paper presents eight basic principles of government procurement law in East Asia, and recent contemporary legal issues on public private partnership, incorporating concession in the list of government procurement, and related issues of In-House procurement.