연구개발 과제협약 사례분석을 통한 공법계약론의 구체화 - “체결－변경－해약”에 대한 개별적 검토 -

⑴ The widespread project agreement is consist of “selection of the project [decision on the parties to the public law contract: administrative disposition] ⇒ conclusion of the project agreement [conclusion of the public law contract: administrative disposition] ⇒ change of the project agreement [change of the public law contract: administrative disposition] ⇒ action before the termination of the project agreement [Research fund suspension (disposition), on-site investigation (administrative investigation)] ⇒ termination of project agreement [Cancellation of public law contract: administrative disposal] ⇒ Action after termination of project agreement [refund of contribution, restriction of participation: administrative disposition]”. In order to increase the interests of the people, separable administrative actions need to be examined separately and their legal properties. ⑵ Project agreement administrative action is an administrative tool widely used by all ministries and the procedure is fairly objective. Based on the results of the general review of project agreement and the individual reviews of the conclusion－change－termination of the project agreement, a discussion was developed that could embody the current public contract theory. Based on the results of the general review of project agreement, the terms of public law contract, enforcement regulation and public law contract were specified. Based on the results of the individual reviews of the conclusion－change－termination of the project agreement, the entrustment contract of the administrative authority (internal relation), the reservation of law on the public law contract, the type of public law contract, the nature of the public law contract－change－termination (administrative disposition), the parties to public law contract (administrative authorities and the people: external relations) were specified.