사회기반시설을 위한 민간투자 제도의 법적 문제

초록

Since the law was enacted in 1994 to attract private capital in Korea, a vigorous private investment in social overhead capital has been in progress. Private investment promoted the construction of social infrastructure, construction and management of community-based facilities with the private sector know-how and creativity to provide convenience to residents. However, it is also said that the laws failed in providing a flexible legal means to achieve the original purpose, the realization of public projects by the cooperation between the private investment and the government. Private investment law(Mingantujabeop) implies significant changes in the conventional way for government procurement, and this article contains some discussion of legal theory. Anyway, I regard the legal relationship built with private investment, infrastructure, based on the implementation of the convention on the contract as a method of operating to watch as a public contract. 10 years of the project showed many challenges to improve, with the highlight of the economic efficiency and the recovery of pubic welfare. It is important for not only to improving the welfare of the people, but also the future of private investment for sustainable development. The measures to strengthen public interest include strengthening the control of the Congress, the guarantees of the procedural participation of citizen, making supervising system complete, introducing competition in contract procedure

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