EU와 독일법상 공공조달 제도: 건축 하도급의 공정성 제고와 관련하여

The Purpose of this Research is to strengthen the systemicity and concreteness the functional limit of the State Contract Law, because it has been many times modified, but it has also still functional limit, the basic law for construction industry and the law for the strengthening of fairness in the relation with subcontract, as comparative study with the european and german public procurement law system. Because the Korea-EU FTA has came officially into effect, the legal obligation has been arisen in the field of customs, government procuement etc., so that through this study to prepare for the challenge.
The current legal system of the public construction services is in the situation, in mutual relation there are deficient its systemicity and concreteness. From this reasons the three Acts can not guarantee the Fairness in subcontract of the public construction services. On the contrary, because the german construction services contract is based on trust, at the construction services, a building contractor have to complete the construction personally. Therefore, in European and German the Subcontract is regarded as a exception in the public construction services. Through the comparative study we can lern that for the Strengthen of fairness of subcontract in public construction services, it is demanded, in the relation of the State Contract Law, Law of Fairness for the Subcontract, Elementary Law for Construction Industry the systemicity and concreteness to tighten. And then in relation with Strengthen of fairness of subcontract the following details are required that actualization of the Personal contribution, actualization and concreteness of the conditions of subcontract.