부정당업자제재제도의 적정한 운영을 위한 연구

The sanctions system against improper businessman should be rational and effective. The sanctions system should be able to achieve its purpose sufficiently and should not impose on the improper businessman more than the excess amount of the liability. However, the existing sanctions system have numbers of problems in terms of optimal operation. The current statutory sanctions reason also includes the simple nonperformance of obligations. For the simple nonperformance of obligations it is not required to necessarily limit the bidders in that it is enough to be governed by the terms of the contracts between the parties such as forfeiture of the security deposit. Therefore, the simple nonperformance of obligations should be deleted from the sanctions reason. In the current sanctions methods, there are two ways such as bidding restrictions and penalty surcharge. The penalty surcharge have been operating in very limited range. The width of operation of penalty surcharge should be expanded and new methods should be introduced such as ‘suspension’ system of the United States and Canada. Temporary suspension system may be effective measures to prevent its opponent from willful delay. If the fines or suspension of business was imposed under the other law, by operating to mitigating or eliminating sanctions avoid the controversy of double punishment and promote the effectiveness of sanctions system. It is necessary to promote a reasonable and flexible solution by introducing the self-governance system such as ‘administrative agreement’ or ‘self-cleaning’ which are utilized in the United States, Canada, and the European Union. The self-governance system approach can be beneficial to both the contracting party and the government, as it is a solution based on agreement and autonomy between the parties.