공공조달계약과 공익 - 계약변경의 한계에 관한 우리나라와 독일법제의 비교를 중심으로 -

Public procurement contracts, which are used for procurement of goods, services and works for public entities, serve as foundations for public administration, and in this process large sum of public money is spent. These characteristics of public procurement lead to necessity of public law regulation of this field to protect public interest. Tendering and award procedure are typical regime which protects public interest, such as transparency, fairness, and competition in public procurement. Issues such as extent to which change of contract is allowed or the case when new tendering procedure is necessary are crucial for guaranteeing public interest in public procurement. This paper sees German law and court decisions on these issues, and draws some lessons therefrom. Korea has no explicit provision other than the change of payment in public procurement. Meanwhile Germany, under the influence of European Union law, make effort to protect public interest by providing limit of contract change based on ‘substantial change’ doctrine. German law and cases shows many implications for Korea which pursues transparency, fairness, and competition in public procurement.