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Reform of Alternative Dispute Resolution (ADR) System on State Contract - Focusing on Conciliation of State Contract Dispute Resolution Board -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 87(), pp.525-548
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2019
  • Accepted : August 20, 2019
  • Published : August 27, 2019

Daein Kim 1

1이화여자대학교

Accredited

ABSTRACT

Many disputes are occurring in relation to “public procurement contract in which the State is the party (hereinafter: state contract)”. To solve these disputes, conciliation of “State Contract Disputes Resolution Board” (SCDRB) is in place. However, this remedy has not been actively implemented since its inception. To address this problem, this paper analyzed World Trade Organization (WTO) Government Procurement Agreement (GPA), European Union (EU) Remedies Directive and United States (US) bid protest and contract disputes resolution system. Based on this analysis, this paper suggests following reform proposals for Alternative Dispute Resolution (ADR) system on Korea’s state contract. First, to guarantee “fairness”of conciliation of SCDRB, organization of expertise of this board should be strengthened through more active participation of lawyers, and this board should be positioned in more independent institution such as Audit and Inspection Board of Korea. Second, to strengthen “transparency” of conciliation of SCDRB, claimant’s right to evidence investigation should be enhanced, and mandatory hearing procedure should be implemented. Third, for the “timely” resolution of the disputes, mandatory protest before conciliation of SCDRB should be removed. Fourth, to spur “effectiveness” of conciliation of SCDRB, the scope of control in this process should be strengthened in comparison to lawsuit in courts.

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