부정당업자제재와 계약금액조정제도에 근거한 공공조달계약의 공법적 특수성

Even under the Supreme Court's case of identifying the National Contracts Act as a private legal system and public procurement contracts as private contracts based on the principle of contract freedom, the public procurement contract has the nature of a public law in that public procurement contracts are a means for the administration to implement public tasks. Among the provisions that reflect this specificity of a public law in the National Contracts Act the penalties imposed by fraudulent parties and the contract amount adjustment system for price changes are typical and exemplary. In order to establish a fair procurement administrative order, the administrative agency can make an intrusive disposal of fraudulent party sanctions against the counterparty and protect the interests of the weak by using the private law's principles of changing the circumstances through the contract amount adjustment regulation. These two systems have a strong specificity of a public law in that they have not only standard and procedures stipulated in the National Contracts Act, but the penalties imposed by fraudulent parties are typical administrative acts of a public law and also in that the contract amount adjustment system is a forced rule in the form of a subjunctive nature that arises from the application of the parties to the contract. Therefore, the legal nature of public procurement contracts as public legal contracts should be emphasized further under the public law as they have the legal nature of public performance in that they comply with fairness through invasive sanctions and the contract amount adjustment regulations have reasonable execution of budgets.