본문 바로가기
  • Home

A Study on the Division of Roles between Public Sector and Private Sector in PFI - Focused on the Network Theory and Guarantee State(Gewährleistungsstaat Theorie)’s Perspective -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 89(), pp.119-145
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 30, 2020
  • Accepted : February 21, 2020
  • Published : February 25, 2020

Hwang Jihye 1

1한양대학교 법학연구소

Accredited

ABSTRACT

To perform government's public service in contemporary age, government's(public sector) cooperation with private sector is demanded. Following changes of forms and ways in performing public service, Network Theory(which means more closer relationship between public sector and private sector) has been discussed recently. When public service is provided through privatized ways("privatization", "Privatisierung"), Guarantee State Theory(Gewährleistungsstaat Theorie) that the state has responsibility to guarantee good quality of public service has been discussed recently in the academic society. From the new perspective provided by Network Theory & Guarantee State Theory, PFI is most needed to induce private capital & to arrange Social Overhead Capital(SOC). In Korea, PFI is expending because of government's financial limitation. Network Theory and Guarantee State Theory’s view is helpful in this situation. For this reason, the writer suggests how to improve PFI system based upon the Network Theory and Guarantee State Theory’s view. To improve PFI system, following two ways can be considered. First, to arrange PFI system which has been already available at the present. Second, to introduce new system of PFI. To arrange PFI system which has been already available, following three ways can be considered: ① clear division of responsibility between public sector and private sector, ② public sector's(states) right to demand to revise PFI contract, ③ state's right of termination of PFI contract for public interest. To introduce new system of PFI, two ways are reviewed. To give private sector the role of "facility manager" and to give administrative agency the role of "public manager". The former has the effect of strengthening responsibility for private sector, while the latter has the effect of supervising PFI effectively.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.