Chapter 1 General Provisions of Public Contracts
Section 1 Meaning and Legal Nature
1.
It is a legal contract and a bilateral contract.13
2.
Application of General Principles of Civil Law 14
3.
Characteristics of Public Contracts 16
Section 2 Types of public contracts
1.
Classification by contract purpose 24
2.
Classification by contract type 36
3.
Classification by contract conclusion method 57

Chapter 2 Bidding Procedures
Section 1. Preparation of estimated price
1.
The significance of the estimated price 80
2.
Composition of the estimated price 80
3.
Estimated Price Determination Criteria 81
4.
Determination of the expected price 84
Section 2 Bid Announcement
1.
Timing of tender notice90
2.
Bid Announcement Method 91
3.
Contents of the tender notice91
Section 3 Registration of Bidding Qualifications
1.
Principles for Registration of Bidding Qualifications 102
2.
Significance of Bidding Participation Registration 103
3.
Basis for registration as a bidder 103
4.
Bidding Participation Registration Qualification 103
5.
Application for registration of bidder qualification 104
6.
Documents required for bidding registration 104
7.
Registration of items for bidding participation 106
8.
Scope of Bidding Participation Registration 107
9.
Change registration for participation in bidding 107
Section 4 Bidding Qualifications
1.
Bidding Application 110
2.
Basic Qualifications 110
3.
Special Qualifications 113
4.
Limited Competitive Bidding 120
5.
Competition by Performance130
6.
Competition by grade-based list of qualified candidates136
7.
Preliminary screening of bidders 138
8.
Designated Competitive Bidding 140
9.
Bidding qualification determination date 142
Section 5 Submission of Bids
1.
Bidding method 145
2.
Confirmation of Bidder 146
3.
Bid Preparation 147
4.
Electronic Bidding 149
5.
Cancellation of electronic bidding 153
Section 6 Invalidity of bid
1.
Bidding Establishment Requirements 160
2.
Timing of decision on invalidation of bid160
3.
Reason for Invalidity of Bid 161
Section 7 Method of determining the successful bidder
1.
Contracting Party's Decision Criteria 171
2.
Qualification Examination System 175
3.
Comprehensive Evaluation Bidding System 194
4.
2nd stage competitive and standard price simultaneous bidding199
5.
Comprehensive Bidding System 203
6.
Competitive bidding for desired quantity 206
7.
Similar Goods Multiple Competitive Contract 208
8.
Contract by Negotiation 210
9.
Veterinary Contract 231

Chapter 3 Conclusion and Performance of Contracts
Section 1 Conclusion of the contract
1.
The significance of contract conclusion 245
2.
Confirmation of contract 251
3.
Invalidity of Contract 255
4.
Payment of contract deposit 257
5.
In the case of construction contracts267
6.
Contract for large-scale construction 269
7.
Contract by Technical Proposal Bidding 273
Section 2 Performance of Contract
1.
Deposit 279
2.
Adjustment of contract amount 283
3.
Payment 311
4.
Delay penalty 318
5.
Termination or cancellation of the contract323

Chapter 4 Joint Contract
Section 1 Overview
1.
Introduction Process 333
2.
Meaning 334
3.
Joint contract activation 334
Section 2 Types of joint supply bodies
1.
Classification based on the date of formation 335
2.
Classification based on construction method 336
3.
Classification by binding method 337
4.
Classification by external structure 337
Section 3 Types of Joint Contracts
1.
Joint Implementation Method 339
2.
Contribution method 342
3.
Prime Contractor Management Method 343
4.
Mixed method (local contract) 345
5.
Occurrence of Major Disasters and Punishment 347
Section 4 Joint Contract Bidding
1.
Bid Notice 347
2.
Submission of joint supply agreement, etc. 348
Section 5 Composition of a joint supply body
1.
Membership qualification 348
2.
Composition and share ratio 349
3.
Representative 350
Section 6 Changes to joint contracts and legal issues
1.
Change in contract details 351
2.
Midterm withdrawal 351
3.
Transfer of claims between members of a joint supply chain 352
4.
Completion Processing 353
5.
Debt Relationship of Joint Venture to Third Parties354
6.
Third-party debtor relationship of the joint venture 354
7.
Effect of contracts in the individual names of members on joint procurement entities355
Section 7 Regional Mandatory Joint Contract
1.
Justice 356
2.
Participation rate and target business 356
Section 8 Submission of Implementation Plan and Payment of Fees
1.
Submission of Implementation Plan 358
2.
Payment of price 358
Section 9 Invalid bids and sanctions against member companies
1.
Invalid bid 359
2.
Sanctions on member companies 359

Chapter 5 Restrictions on Bidding Eligibility for Unfair Trade Operators
Section 1 Significance of restrictions on bidder participation qualifications
1.
The concept of unfair trader 363
2.
Purpose of introducing restrictions on bidding participation 363
Section 2 Legal nature of restrictions on bidder participation
1.
Invasive administrative disposition 364
2.
Prohibition of Analogical Expansion and Arbitrary Operation366
Section 3. Subjects and entities subject to restrictions on bid participation qualifications
Section 4 Criteria for Restrictions on Bidding Qualifications
Section 5 Disclosure of Restriction Procedures and Restriction Contents
1.
Procedure for Restricting Bidding Qualifications 378
2.
Electronic Procurement System Publication and Verification 379
3.
Disclosure of Bidding Qualification Restrictions (Article 27, Paragraph 5 of the Act, Article 76, Paragraph 11 of the Ordinance)379
4.
The exclusion period for bidders (Article 27, Paragraph 4 of the Act)380
Section 6 Effect of restrictions on bidder participation qualifications
1.
Exclusion from bidding and negotiated contracts for a certain period of time (Article 27, Paragraph 3 of the Act)381
2.
In case of successful bidder before contract conclusion (Article 76, Paragraph 8 of the Act) 381
3.
In case of representative sanctions (Article 76, Paragraph 9 of the Act) 382
4.
In the case of measures taken by local government public institutions (Article 76, Paragraph 12 of the Act) 382
5.
Confirmation of Succession to the Effect of Disposition (Article 76, Paragraph 13 of the Act) 383
Section 7 Restrictions on Tax Evaders (Article 27-5 of the Act, Article 12, Paragraph 3 of the Ordinance)
1.
384 restricted persons, including tax portal users
2.
Subject Verification Procedure 384
3.
Exclusion from certain period of veterinary contract 384

Chapter 6 Imposition of fines on unfair business practices
Section 1 Introduction and imposition of fines
1.
Introduction Background 389
2.
Whether to impose a surcharge 389
Section 2. Subjects and standards for imposing fines (Article 27-2 of the Act, Article 76-2, Paragraph 1 of the Ordinance)
1.
In cases where the responsibility of the dishonest business operator is minor390
2.
In case of failure to bid due to unfair trade practices 401
Section 3 Subjects imposing fines and mitigation
Section 4 Procedures for Imposing and Paying Surcharges
1.
Imposition, payment, and collection of fines (Article 76-3 of the Act)402
2.
Extension of payment deadline and installment payment of surcharges (Article 76-4 of the Act) 402
｜Recent changes to the contract system
1.
Amendment to the National Contracts Act 405
2.
Amendments to the Local Government Contract Act 414
Case Index :: 423, Matter Index :: 425, References :: 429