행정기본법상 공법상 계약 규정의 해석 법리 — 행정작용론과 소송구조의 연계를 중심으로 —

General act on public administration made the foundation for establishing unified system and standards of interpretation across administrative legislation. Article 27 of General act on public administration codifies contract under public law that excluded from the scope of regulation by Administrative Procedure Act. It regulates not only formal procedures but also substantive content, supplementing the existing Administrative Procedure Act. Contract under public law, which possess the substance of public power and public interest with the form of contract, face a continuous battlefield. The distinction between contract under private law and contract under public law constantly recur and circulate in discussions about the distinction between private law and public law. For contract under public law and dispositions to secure their own independence in public law sector, clear criteria should be established for the classification and selection of litigation methods. Korean legal theories and practices regarding contract under public law are more fluid than German strict formalism, they lack the diverse and detailed types of litigation. And Korea shares similarities with French administrative action theory and dual litigation structure, which broadly recognize the concept of administrative action, however, the use of partie suit in Korea remains relatively limited compared to the use of “le recours de pleine juridiction” in France. This paper comprehensively links administrative action theory and administrative litigation structure, examining them from a comparative legal perspective. And it explores the role and potential expanded interpretation of Article 27 of General act on public administration as a criteria for determining the specificity of contract under public law and litigation methods. With regard to future legislative reforms, it is believed that this provision under General act on public administration could be utilized not only as a rules for the stage of administrative action but also as a criterion of review during the trial process. The stronger the connection between administrative action and administrative litigation system, the more sophisticated the development of administrative law theory and the easier it is to resolve difficult practical issues. To establish and develop legal doctrines of contract under public law, a comprehensive review of the legal principles and systems that overlap with, or potentially conflict with it is necessary. Individual laws that regulate the various forms of administrative action, from the conclusion to performance and termination of contract under public law, should be rooted in general law principles to ensure legal stability.