공공조달로서 디지털서비스 전문계약제도의 법적 검토

The Korean government has been implementing the ‘Digital Service Professional Contract System’ since October 2020 as part of its plan for digital transformation in the public sector. Digital Service is a familiar term, but it is an unclear concept. It is said that the reason for introducing the System is to promote the introduction and use of cloud computing by national agencies, local governments, and public institutions. So what is the difference between Digital Service and cloud service? Is it a problem if it is called the Cloud Service Contract System rather than the Digital Service Professional Contract System? And should it be a special ‘pro- fessional’ contract system? In addition, it is unique that the legal basis for the System for public procurement contracts is the Cloud Computing Act. This paper examines the concept and main contents of the System as a process for resolving these questions, and examines the legal issues and tasks of the System, such as the appropriateness of the System name, legislative issues of Digital Service provisions, inconsistencies in the institutions that can use the service, dualization of service registration and contract procedures, and introduction of the System by enforcement decree.