| Title |
An Empirical Study on the Possibility of Duplicated Sanctions in Bid-rigging on Construction Projects |
| Authors |
Shin, Young-Su ; Cho, jin-Ho ; Kim, Byung-Soo |
| DOI |
https://dx.doi.org/10.6106/KJCEM.2023.24.2.050 |
| Keywords |
Bid-rigging; Duplicated Sanctions; Fair Trade Act; Public Construction Projects |
| Abstract |
Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation. |