국가연구개발사업상 연구협약과 공법상 계약

Research Agreements for National R&D Projects and Contracts under Public Law : Focusing on the Practical Problems

Contracts under public law in Germany are also based on a number of laws in Korea. In this paper, the legal nature of the contract was studied, focusing on the research agreement for the national R&D project, which is the representative of the contract under the public law. The selection of a research and development project in the national R&D project is a profitable administrative act performed by the administrative agency to one of the applicants on the premise of two or more applicants. Research agreements govern detailed contents related to R&D projects. Since national R&D projects are related to public law, research agreements should be viewed as contracts under public law. Under the public law, contracts are divided into a contract to determine the details of an administrative act and a contract that replaces an administrative act . Usually, when a contract is concluded after an administrative act, it corresponds to the former, and a research agreement is an example. Regarding legal relations derived from research agreements, such as termination of the agreement or sanctions under the agreement, the Supreme Court generally regards it as an administrative disposition in accordance with the existing position that has been viewed as an administrative disposition if there is a legal basis. However, if the research agreement is viewed as a contract under public law, it is logical to view the legal relationship derived from it as a contract act. However, considering that sanctions under the Convention can be enforced on their own, beyond the legal basis, it is more appropriate to view this as an administrative disposition.