독일 지방계약법의 구조와 특징

Translated title of the contribution: Structure and Character of the German Local Public Procurement Law

Research output: Contribution to journalArticlepeer-review

Abstract

This work aims to analyze the structure and character of the Act on Local Public Procurement to North Rhine-Westphalia Germany`s(following mentioned "ALPP NRW"). The starting point to this study is located in structural and contentural similar and overlap between the Act on Contracts to Which the State is a Party(following mentioned "ACS") and the Act on Contracts to Which a Local Government is a Party(following mentioned "ACL"). For analysis of study a comparative methode is used. Under the this purpose in the beginning the author presents problems of the similar and overlap between the ACS and the ACL, especially focusing on the two-tracks structure. After the author searches the basic legal structure about public procurement under the Grundgesetz(German Basic Act), and then goes through the criteria through that man can divide the contents of the local public procurement from the state public procurement law. In part III the author searches structure and character of the ALPP NRW by considering the unique contentual character of the ACS against the ACL. As the core contents of the study that is suggested; First, that is needed the securement of a systematic congruence between the ACS and ACL. Second, that is suggested that the rule about minimum wage for worker or employer who works in the carrying public procurements should be established in the ACL. Third, that safety system is required which is also a rule, as likes the rule of minimum wage, for equal employment for both genders by guaranteeing equal opportunities and treatment in employment between men and women in accordance with the principle of equality. Forth, a solution is also needed through that illegal and unfair subcontracts can be solved in the local and state public procurement fields. Fifth, the impose is required that is a administrative institution for the management of the poor contractors. Sixth, a plan for enhancing effectiveness should be hard upgraded, through that man can obtain effect of environmental protection and efficiency of energy conserving in public procurement area. As final conclusion the author emphasizes the realization of a real local public procurement that is governed by law, namely de facto rule of law in local public procurement.
Translated title of the contributionStructure and Character of the German Local Public Procurement Law
Original languageKorean
Pages (from-to)43-74
Number of pages32
Journal법학연구
Volume25
Issue number1
StatePublished - 2017

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