공법상 계약의 하자 구조에 대한 이론적 고찰 — 피에르 부르동(Pierre Bourdon)의 연구를 중심으로 —

The existence of defects in public law contracts directly affects the rights and obligations of the contracting parties, making it essential to establish a clear typology and systematic framework for identifying such defects. However, Article 27 of Korea’s Framework Act on Administrative Affairs provides only a legal basis and partial requirements for concluding public law contracts, without addressing defect types or their legal consequences, resulting in significant legal uncertainty. This article provides an in-depth analysis of the theory of defects in administrative contracts developed by French administrative law scholar Pierre Bourdon, with a view to drawing implications for the Korean legal system. Bourdon classifies defects according to their cause and nature—namely, defects of authority, evaluation, and consent—and presents an integrated framework that reflects the distinctive features of administrative contracts. His theory offers a conceptual basis for systematically analyzing defects in Korea’s public law contracts and serves as a practical guideline for preventing defects and disputes. It does so by enabling structured assessment of the validity of contractual authority, the fairness and legality of evaluation procedures, and the substantive formation of consent. Moreover, it helps to fill a legislative gap by providing normative reference points for future reforms aimed at clarifying grounds for nullity based on specific types of defects. Bourdon’s framework thus has both theoretical importance and practical value for improving the Korean public contract regime.