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Considérations sur 「Délégation de service public」

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 41(), pp.309-335
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

김봉채 1

1성균관대학교 법학연구소

Accredited

ABSTRACT

Today's world, the social paradigm is neo-liberalism and democracy. Neo-liberalism is seeking small government politically, and seeking efficiency and competition economically. And according to the Neo-liberalism, the public sector is no exception in their thought. Therefore, they emphasizes that can achieve economical efficiency through principle of competition in public sector. In the meantime, democracy brought development of local self-government, and desire of people or local resident about participation to country or local administration was augmented. Here, it is “Public-private partnership” justly that we observe. By the way, problem that is the nature of “Public-private partnership”. In “Act on Public-private partnership”, if “contrats de partenariats” is contracted between public corporation and individual, Appointee has competence to manage for public service, on the other hand, a person who use public facilities pays reward to appointee. In this way, the “contrats de partenariats” has legal natural such as delegation de service public. By the way, about nature of “Contrats de partenariats”, not only judgment but also most scholars are grasping by private contract. But, because purpose that “Contrats de partenariats” seeks is public good, it must grasp “Contrats de partenariats” by administrative contract so as to protect public good or public service. In this regards, we may learn from some of advanced Western countries such as U.S, France and so on. In conclusion, “Contrats de partenariats” corresponds to trust of public service and it is administrative contract.

Citation status

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