초록/요약

Traditionally, social services were provided through contracting-out regime and social service boucher system is actively implemented since 2000s. 1) Contracting out of social service, 2) social service by social enterprise, and 3) Social Impact Bond (SIB) issuing are all related with public contract law (state contract law or local government contract law). However, relationship between social service and public contract law was not shed much light in Korea. Reminding this situation, this paper sees public contract law on social service in EU(European Union) and UK(United Kingdom). EU Public Procurement Directive adopts ‘light regime’ to social services to balance between flexible procurement and guaranteeing equal treatment & transparency. Furthermore, EU law allows reserved contracts to certain services and tries enhance transparency by limiting the contract period(3 years) and information disclosure on this ‘reserved contract’ during each phase of contract. UK adopted ‘social impact bond’ as ‘outcome based commissioning’ in social service and ‘Voluntary Ex-Ante Transparency Notice’ (VEAT) to achieve value for money & transparency. In post-covid 19 era, the importance of social service will increase. To enhance quality of social service and customer-satisfaction, value for money principle which was developed in public contract law field should be duly connected with social service delivery. Traditionally, public contract law and social delivery system was separated in Korea and preference for social enterprise products also reveals limitation such as focusing only on purchasing goods rather than services. Furthermore, social impact bond is not actively implemented yet. To address these issues, public contract law on social service in EU and UK shows many implications to Korea.