건설 입찰담합에 따른 법률리스크의 특징과 정책 과제

Bid rigging is the type that accounts for the largest proportion in terms of the frequency of occurrence and the amount of charges imposed among cases related to unfair joint actions under the Fair Trade Act. In Korea, bid rigging has been frequently detected in the construction sector and its harmful effects occur in all directions, so a strict response is required. The need to set it up appropriately for each behavior of participating construction companies is also something that cannot be overlooked. It is necessary to establish an optimal execution model that can prevent excessive controversy while increasing the efficiency of sanctions, while strictly cracking down on bidding collusion and enforcing policies to prevent recurrence. It is necessary to analyze whether the Fair Trade Act should still continue its disciplinary and unfair profit recovery function, which has been imposed on the penalty system, and how it can attempt to reorganize its role between various systems to sanction on bid rigging. Based on such awareness of the problem, this article sought ways to improve the consistency of fines and damages systems under the current Fair Trade Act, focusing on sanctions against bid collusion. To this end, legal/policy improvement measures were suggested after examining the composition of regulations surrounding bidding collusion, the division of roles between sanctions under the Fair Trade Act, legislation and enforcement practices, and mediation between sanctions in the law enforcement process.