Launch of the Public Procurement Law Research Council
Launch of the Public Procurement Law Research CouncilThe Public Procurement Service (PPS), inaugurated the "Public Procurement Law Research Council" on October 23 at the PPS Hall of the Seoul Regional Office of PPS and collaborated with the Korea Institute of Procurement (KIP) to hold the council’s first seminar, where participants discussed topics including AI in procurement regulation, appropriate discretion in bid participation restrictions, and more. The seminar gathered over 50 attendees from government, academia, and legal fields, including key figures from PPS, KIP, MOJ(Ministry of Justice) and DAPA(Defense Acquisition Program Administration). In a written welcome message, PPS Vice Administrator Baek Seung-bo expressed hope that the research council would build an organic network among relevant agencies, fostering collaboration on the future direction of procurement systems and related laws. "We hope that this gathering of expertise will serve to advance procurement policy and legal frameworks," he noted. Additionally, in congratulatory remarks, KIP President Lee Sang-yun expressed his vision for the council to operate with a spirit of communication, collaboration, and leadership across government, industry, and academia. "Hopefully, making full use of research findings, the council can create informed public opinion and suggest practical policy solutions that will form a robust public procurement network," he said. The seminar sessions included a discussion on AI and public procurement and the issue of bid participation restrictions. The first presentation, led by Professor Lee Sang-yong of Konkuk University Law School, was titled “The Paradigm of AI Regulation – Implications for Procurement Procedures.” Professor Lee compared AI regulatory trends in Korea with those in the EU and U.S., examining inherent risks and the ideal direction for regulation in public procurement. Next, Attorney Jung Won of Yulchon, discussed the purchase of AI models, products, and services, exploring how AI could be used in procurement processes. Dr. Kim Dae-sik from KIP contributed to the discussion by addressing the impact of AI technology development on the procurement market and suggesting new roles of PPS. The second session featured the presentation entitled “Bid Participation Restrictions and Administrative Discretion – Trends in Case Law.” made by Lee Eung-ju, Head of PPS’s Procurement Litigation Team. He outlined various forms of discretionary power in bid eligibility restrictions, advocating for a departure from mechanical penalties in favor of fair administrative discretion. He further suggested that the judiciary should respect the discretionary scope of administrative agencies. Attorney Kim Tae-wan from Kim & Chang emphasized the need for discretion through alternatives like fine-based penalties and administrative guidance. In addition, PPS secretary official Lee Jeong-min introduced the Chevron Doctrine and relevant case law from the U.S., prompting discussions on the scope of interpretative authority of administrative bodies. The Public Procurement Law Research Council plans to expand participation opportunities to ensure a broad spectrum of voices from legislative, administrative, and judicial fields. The council will continue its efforts to explore legal and procedural improvements, bringing practical issues to the forefront and working toward globally aligned standards. PPS Administrator Lim Ki-keun remarked, “With the launch of the Public Procurement Law Research Council, we will actively listen to diverse perspectives from academia, law, and industry to foster a sound procurement market and system.” He added, “We will strengthen our research activities through regular seminars and close communication with relevant agencies such as the Ministry of Justice, DAPA, universities, research institutions, legal circles, and procurement companies.”