공공조달계약의 체결과 이해충돌 상황

Abstract

The Act on the Prevention of Conflict of Interest prohibits public officials from pursuing private interests in connection with the performance of their duties. The Act aims to ensure fair performance of duties, and to secure the public's trust in public administration. It was enacted and went into effect on May 19, 2022. It is not easy to find precedents in comparative law for regulations regarding conflict of interest situations. In particular, defining and determining the scope of conflict of interest involves evaluation and judgment on very comprehensive issues, such as procurement contracts. Conflicts of interest in public procurement are an area in which violations of public official duties, criminal punishment, administrative sanctions, civil suits for damages, and issues of contract validity can be complexly connected, and a systematic review of legal principles related laws and regulations.
 In France, regulations on conflict of interest were established relatively late, but judgements established a specific precedent for conflict of interest in the area of procurement contracts. Administrative court's strong will to comply with the principle of open and fair competition was revealed in that it confirmed that if a conflict of interest is recognized through judgement, it can lead to termination of concluded contract. French law cases can give a reference in relation to case analysis and precedent issues regarding the situations of conflict of interest. This paper examine French regulations on conflicts of interest focusing on public procurement contracts, and discuss the resolution of legal disputes regarding compliance with the obligation to open and fair competition in the process of concluding public procurement contracts.