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A Study on Entrusting Public Service to Private Sector and Privatization of Public Corporations

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 25(), pp.267-285
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1

1성균관대학교

Accredited

ABSTRACT

In Korean legal system, especially in administrative law system, no few scholars misunderstand that ‘public corporations’ and ‘public service’ are similar legal terms. However, both of them are very different. The term of public corporations originated in the meaning of a structural aspect - for instances, who are managing the corporations, or who possess them. On the other hand, the concept of public service relates to a functional aspect - namely, what do the national government or self-governments serve to their citizens. Therefore, there are not any reasons why the public corporations have to provide public services functionally. As mentioned at the outset of the Article, ‘public corporations’ means the enterprises that national government or self-governments possess their stocks all or over a half. On the other hand, public services are public benefits which are provided by the national government or self-governments. In conclusion, my claim is that public corporations can be naturally privatized. In other words, national government or self-governments can sell stocks possessed by them at the market place. But, it is fundamentally impossible that the bodies of providing public services are changed their organization to the form of private enterprises. Nothing but, they can entrust their functions to private organization.

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