ADJUSTING THE PRICE OF PUBLIC PROCUREMENT CONTRACTS IN SOUTH KOREA DUE TO PRICE FLUCTUATIONS

The article examines the problem of adjusting the price of government contracts in South Korea in connection with price fluctuations, analyzes the relevant decisions of the Supreme Court of the Republic of Korea and the legal literature. The author concludes that the decision adopted by the majority of judges of the Supreme Court is less satisfactory to the nature of the legal relationship in question than the position of the two judges set out in the dissenting opinion. According to the author, customers are obliged (and not «entitled») to adjust the price of a government contract in cases provided for by law.

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Publication Details

Journal
Scientific Law Journal "Procurement and law"
Published
2024-10-15
DOI
https://doi.org/10.55959/msu3034-2481-2024-1-5
Primary Topic
Fiscal Policy and Economic Growth
Type
article
Field-Weighted Citation Impact
0.00
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article

ADJUSTING THE PRICE OF PUBLIC PROCUREMENT CONTRACTS IN SOUTH KOREA DUE TO PRICE FLUCTUATIONS

Jaeyel Lee
Scientific Law Journal "Procurement and law"
Fiscal Policy and Economic Growth
article

ADJUSTING THE PRICE OF PUBLIC PROCUREMENT CONTRACTS IN SOUTH KOREA DUE TO PRICE FLUCTUATIONS

Jaeyel Lee
article en

Abstract

The article examines the problem of adjusting the price of government contracts in South Korea in connection with price fluctuations, analyzes the relevant decisions of the Supreme Court of the Republic of Korea and the legal literature. The author concludes that the decision adopted by the majority of judges of the Supreme Court is less satisfactory to the nature of the legal relationship in question than the position of the two judges set out in the dissenting opinion. According to the author, customers are obliged (and not «entitled») to adjust the price of a government contract in cases provided for by law.

Scientific Law Journal "Procurement and law"(№1, 2024)
Kangnam University (KR)
Openalex Percentile: Top 66%
Fiscal Policy and Economic Growth
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