미국의 보조금협약에 대한 연구

Grant, through which government spends much money, is one of the major administrative law tools for strengthening economy. ‘Act on the Management of Grant’, which comprises core of Korean grant regime, is plagued by many problems, such as fraud or misuse of the fund, inefficiency of overlapping grant programs. This paper looks into United States(US)’ grant agreement law as a reference for reform of Korean grant system. The legal foundation of US grant is ‘Federal Grant and Cooperative Agreement Act’ in 1977. The main purpose of this Act was to clearly differentiate between procurement contract and grant or cooperative agreement. Even after this Act’s enactment, some US Courts considered grant agreement as procurement contract as this helps disappointed grantee to enjoy remedies. Office of Management and Budget (OMB) published many circulars based on this Act. However, these circulars were criticized as mutually contradictory and overlapping. To address these problems, ‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards’ was entered into in 2013. Grant agreement in the US shows following lessons to Korea: 1) differentiation between procurement contract and grant agreement, 2) the role of grant agreement or related legal tools in strengthening technological innovation, 3) performance- based and transparent grant agreement.