Administrative Contract
Abstract
An administrative contract under Section 3 of the Act on Establishment of Administrative Courts refers to a contract where at least one party is a government agency or acts on behalf of the state, with the purpose of providing public services or containing special clauses reflecting the state’s sovereign powers. Examples include concession agreements or infrastructure development contracts. In e-Auction procurement, a tripartite agreement between the government agency, the e-marketplace provider, and the winning bidder qualifies as an administrative contract. When the winning bidder fails to pay the service fee as agreed, the dispute falls under the jurisdiction of the Administrative Court. In this case, the court ruled that the bidder must pay the fee along with interest as stipulated in the contract.
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