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A Study on The Designated Manager System in Private Finance Initiative(PFI)

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.225-242
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hwang Jihye 1

1한국외국어대학교

Accredited

ABSTRACT

In PFI, administrative agency has double role; PFI contract partner and at the same time supervisor. On the supervision of administrative agency in PFI, Private Finance Initiative Act to SOC in Korea(2005) has only a few clauses. The regulation of these clauses are for prior supervision & post supervision. While administrative agency's supervision is necessary through every stages of PFI, PFIA to SOC in Korea(2005) does not prepare for supervision of management stage. "Designated Manager System" might solve absence of effective clauses for supervision of management stage of PFI. In "Designated Manager System", administrative agency can designate persons in private sector as acting manager in SOC. To fulfill resident's variable needs, to improve public service, and to reduce cost is "Designated Manager System"'s main purpose. Thus, "Designated Manager System" can guarantee the private actor's autonomy in the management of SOC. But the final responsibility of management still lies on public actor(in Japan local government). Designated Manager System has merits in three ways. 1) To supplement administrative agency's supervision during management stage. 2) According to Gewährleistungsstaat, while public service might be transferred from public actor(the State, local government, etc to private actor, the former has responsibility of management & supervision. 3) Designated Manager System is proper for Smart Regulation by which PFI can perform through self-regulation not direct control.

Citation status

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