정부계약법상 계약금액조정제도

The Korean Government Contract Act provides for the fixed-prices contracts with price adjustment system. The Korean price adjustments are of three general types.<BR> 1. Adjustments based on established prices<BR> 2. Adjustments based on the plan-revision<BR> 3. Adjustments based on other than prices and plan-revision<BR> To my opinion, the most important thing among three types is the adjustments based on established prices because it is with `the most complicated problem in legal and economic point of view.<BR> According to the opinions of korean scholars, the adjustments based on established prices is grounded on the theory of clausula rebus sic stanbus, which means justication its existence and at the same time its effect, developed from the Middle Ages.<BR> The Adjustments based on established prices also plays important role in practices. It offers many disputable subjects. The Judges in high court in Korea also consider the adjustment based on established prices as one principle derived from clausula rebus sic stanbus without scrutiny.<BR> The studies devoted to this theme are not yet sufficient in Korea in spite of the significant roles in contract law.