초록/요약

A Study on Socially Responsible Public Procurement by Local Government Kim, Dae-In (Professor, Ewha Womans University, School of Law) Socially Responsible Public Procurement(SRPP), which means public procurement to enhance social value such as employment, environment and social integration, is reflected in various institutions. However, these institutions are criticized for too much burden to enterprises and their dependence to public customers. To address these issues, SRPP by local government should be strengthened. Local government’s SRPP related law shows following characteristics. First, Act on the Contracts in which the Local Government is the party and Act on Government procurement provides social value related articles, but its relationship with other public procurement principles are not clearly stipulated. Second, Act on the Promotion of Social Enterprise provides set-aside for social enterprise’ products and local governments are active in implementing this system. However, limited competition and low-quality of the products are weaknesses of this system. Third, various SRPP related ordinances are implemented in local government and its compatibility with the Statutes are discussed. This paper sees the foreign country’s legal system on SRPP. This paper reviews the Queensland in Australia and Barcelona in Spain, and draws some implications from this analysis. These cases shows that SRPP should be balanced with best value, and monitoring of the SRPP is important, and various contract conditions can be implemented to spur SRPP. In implementing SRPP by local government, it is crucial to balance between ‘public procurement principles’ and ‘strengthening social economy’. Following points should be improved to this ends. First, according to each local government‘s characteristics and objects of procurement, various regimes can be executed for SRPP. Second, transparency and competition should be guaranteed during implementing SRPP. Third, set-aside for social enterprise system and reflecting social value in each stage of public procurement should be balanced. Fourth, the availability of local government’s legal norm such as ordinances should be improved to reflect above three points. 󰋮Key Words󰋮 Socially Responsible Public Procurement(SRPP), Social Economy, Contract of Local Government, Ordinance, Corporate Social Responsibility (CSR), Living Wage