본문 바로가기
  • Home

A Comparative Study on Effective Bid Rigging Regulation Institute for Public Security - Focus on Comparative Japanese Bid Rigging Regulation Institute -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 86(), pp.61-86
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2019
  • Accepted : May 16, 2019
  • Published : May 31, 2019

Hwang Jihye 1

1한양대학교

Accredited

ABSTRACT

In Korea, for regulate bid rigging, they have various regulations. For example, corrective action and pay a fine by Korea Fair Trade Commission, indemnification for person who damaged by bid rigging, restriction on qualification for participation on bidding by administrative agency, criminal sanctions by prosecution. Despites of these regulation, these regulation are not effective. Because they didn't cooperate properly between regulation agencies. To solve this problem, the writter tried to comparative bid rigging regulation between Korea and Japan. Japan has very similar bid rigging regulation system to Korea. Japan also have regulations measure like a corrective action and pay a fine by Japan Fair Trade Commission, indemnification for person who damaged by bid rigging, restriction on qualification for participation on bidding by administrative agency, criminal sanctions by prosecution. Japan has Act of Prohibit collusive bidding at the initiative of government agencies, on the contrary, Korea doesn't has “Act of Prohibiting for Bid Rigging Involving Government Agencies”. Bid rigging regulation in Japan has a implication in two ways. First, administrative agency in Japan has a major roll in investigate and prove bid rigging. On the Contrarty, administrative agency in Korea has restict roll in investigate and prove bid rigging. Administrative agency has a major roll in investigate and prove bid rigging like a Japan, may can solution in bid rigging regulation in Korea. Second, strict application of restriction on qualification for participation on bidding by administrative agency. In Korea, restriction on qualification for participation on bidding by administrative agency is applied formally. This phenomenon caused bid rigging regulation uneffective. Strict application of restriction on qualification for participation on bidding by administrative agency may can solution in bid rigging regulation in Korea.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.