A Study on the Binding Force of Fundamental Rights and the Standards for Reviewing Illegality in Contracts under Public Law

May 18, 2026The Justice

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Key Points

The research aims to establish specific standards for reviewing the legality of public law contracts, emphasizing their binding nature on fundamental rights.
Analyzed the characteristics of public law contracts compared to civil contracts.
Utilized principles of administrative law, including proportionality and substantive controls.
Proposed a framework for reviewing contract legality focusing on protecting fundamental rights.
Identified the need for direct enforcement of fundamental rights in public law contracts.
Clarified that principles like the legal basis and non-arbitrariness must apply to contract evaluations.
Recommended establishing strict review criteria to prevent misuse of administrative powers.

Establishes standards for reviewing the legality of public law contracts, highlighting implications for fundamental rights protection.

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SEUNGHOON LEE (2026) studied this question.

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