지방자치단체 민간위탁법제의 법적 쟁점에 관한 소고 -경기도를 중심으로-

Abstract

Local governments handle autonomous and delegated affairs in their respective areas, such as handling affairs related to the welfare of residents. Since these local governments are authorized by the constitution and laws to manage their own affairs, they should do so directly. However, due to the characteristics of modern society, it is necessary to have someone other than the local government handle all administrative tasks, as it leads to administrative inefficiency. In this regard, Article 117 of the Local Self-Government Act provides for the delegation, entrustment, and private outsourcing of affairs, and a local government may entrust its affairs to a person other than the local government as an autonomous regulation in accordance with the Local Self-Government Act. The Local Self-Government Act stipulates that private consignment shall be governed by local ordinances or rules, and accordingly, local governments have general and individual ordinances on private consignment. Issues include whether a general ordinance or an individual ordinance constitutes a basis for private contracting, the extent to which individual ordinances should be regulated in relation to the general ordinance, the distinction between private contracting and similar systems, the delegation and re-delegation of private contracting, and the distinction between private contracting and local subsidized projects. In this regard, we examined the current legal issues centered on the autonomy laws of Gyeonggi Province and suggested improvement measures.