공법상 계약에 관한 당사자소송의 심리 소고

In the trial of a party litigation concerning a contract under public law, the principle of proportionality should be reviewed to reflect the public interest. Unlike private law contracts, contracts under public law have unique public law characteristics. Reflecting the public law characteristics of contracts under public law in party litigation can be seen as a public law constraint according to the principle of the rule of law. The public law characteristics of contracts under public law include the reflection of the principle of the rule of law, the nature of the public law relationship, and the public interest. Since contracts under public law are also administrative actions, the principle of the rule of law must be reflected. The reflection of the principle of the rule of law means that if there is an unclear area of agreement between the parties, the relevant laws and guidelines take precedence and can be incorporated into the contract under public law. The nature of the public law relationship means that the subject matter of party litigation concerning a contract under public law is a claim related to the contract under public law, and it has public law characteristics according to the law on which the contract under public law is based. If it has public law characteristics, these features should be reflected in the litigation. If the plaintiff claims a public law right through party litigation, the standing should be recognized as such. Accordingly, the court must make a substantive judgment on the claim. According to Article 27, Paragraph 2 of The General Act on Public Administration, contracts under public law must consider public interest. Public interest can be reflected in the substantive trial by balancing public and private interests. When claiming a monetary benefit based on a contract under public law, the court can reflect public interest by determining the requirements and effects of the claim, balancing public and private interests, and clarifying the existence and scope of the claim that the law based on the contracts under public law aims to realize. Party litigation concerning contracts under public law should reveal public law characteristics different from civil litigation during the trial process. By reviewing the public interest during the trial process, the court can reduce the burden of judgment and consider the social impact of the judgment. The refinement of the legal principles concerning party litigation in public law can expand the protection of citizens’ rights through party litigation and enhance the guarantee of administrative legality.