입찰담합 : 입찰/경매 방해죄(형법 제315조)의 엄격한 적용 대상

• 영문명: Bid-Rigging: the Object of Strict Application of a Provision against Bid/auction Interference (Korea's Criminal Code sec.315)
• 발행기관: 한국형사법학회
• 저자명: 이상현(Lee, Sang-Hyun)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제2호, 79~98쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.29

영문 초록

A bid-rigging, which causes much damages to bid-offerer, restrict competition on merits, and obstruct fairness of bid procedure, has been condoned by lenient interpretation of criminal bid/auction interference provision (Criminal Code sec.315) of Supreme Court of Korea as well as low penalty of the provision, although Fair Trade Commission has energetically run its surcharge on bid-riggers. On the other hand, the United States, Germany, and Japan has enacted severe penalty against bid-rigging by criminalization of collusive bidding. Even international organizations adopted resolutions recommending that member countries enact domestic law prohibiting hard core cartels including bid-rigging. Among penalty provisions targetting at bid-rigging in other laws, sec.315 needs to operate as general law penalizing collusive bidding as rules interpreting sec.315 and sentencing under the section can influence rules and sentencings under Monopoly Restraint Fair Trade Act and Construction Industries Standard Act which includes penalty against bid-rigging. Hesitant attitudes of Supreme Court regarding punishing collusive bidders, based on obsolete defense of destructive competition, should be replaced by strong penalty along with straightforward application of sec.315. Systematic improvement of bid/auction institutions will more effectively address concerns about low-quality product and destructive competition than the existent lenient practices.

목차

Ⅰ. 입찰담합과 형법의 적용

Ⅱ. 선진국과 국제기구의 입법례

Ⅲ. 입찰담합에 적용된 입찰방해죄에 관한 대법원 판례 분석

Ⅳ. 결 론

참고문헌

키워드

입찰방해죄 입찰담합 경쟁입찰 공정성 경성카르텔 Bid-interference bid-rigging collusive bidding competitive bid hard core cartel