EU 정부조달법제의 회원국(독일)에서 실현 체계 - EU법상 하도급 법리(1) -

According to needed to ameliorate problems of unfairness of subcontract in Korea this study is tried that unlawful and unreasonable forms in subcontracts are revised through the comparative study with subcontract legal system in european law. For this purpose author tries to analyse the three Directives(in German 'Richtlinien') of european union, directive 2004/18/EG, 2004/17/EG and 2007/66/EG. Except directive 2004/18/EG, 2004/17/EG, as ever there are no sufficient studies on the jurisprudent remedy system about 2007/66/EG, author introduce its characteristic and contents. In first chapter author displays the meaning of government procurement, some divers unlawful practise of subcontracts and suggests the direction of study and method ect. In second chapter author describes the structure and basic principals of Government Procurement Law of European Union, and tries to understand relation between EU Government Procurement Law and Agreement on Government Procurement(GPA). In third chapter author tries to analyses the contents of three Directives 2004/18/EG, 2004/17/EG and 2007/66/EG, especially the content of Directive 2007/66/EG is introduced for the first time in Korean Academic. In forth chapter researcher makes efforts to find implications through the Provisons 25 and 60 Directive 2004/18/EG and the Provison 37 Directive 2004/17/EG. In last chapter researcher summarise the essential points of each chapters.
As conclusion of study author suggests two implications for improving unfairness problems of subcontract. First, the EU Government Procurement Law tries to protect the unfairness problems of subcontract through the 'Public Hand' which is public constituent(Auftragsgeber). Second, the contract partner should write cleary subcontract rate in contract paper, and the last position should do directly by self.