실효적인 신항만건설을 위한 법제도적 방안- 영국의 항만 개발 관련 정책을 참고하여

Abstract

Currently, there is considerable interest concerning with the construction of the new port due to the fact that port facilities, which are significant facilities for import and export, should be considered as one of the most important facilities for more effective promotion of economic activities for Korea, which is surrounded by the sea on three sides and has an export-oriented economic structure. Moreover, in that the port is a social overhead capital facility, it should be regarded as one of the most important means to promote international competitiveness of our industry, and to improve port efficiency continuously. In particular, global economic activities are very significant in that we do not only lack natural resources but also the size of the domestic consumer market is narrow. Therefore, the importance of the function and role of ports, which can be said to be the core technology of global economic activities in the import and export, should be considered significant. Accordingly, we have previously enacted several acts, including 「the Port Act」, which can be regarded as the basic law related to ports, and 「the New Port Construction Promotion Act」 for the sake of constructing new port. Moreover, given that policies for the construction of new ports such as Busan Port are currently being set up, attention is being paid to several methods to enhance the economic value of port construction. However, it is necessary to promote the construction of a new port based on acts and regulations, and thanks to these norms, support and sponsorship for the construction of a new port can be secured more stably and effectively. However, in the case of 「the New Port Construction Promotion Act」, which directly serves to the construction of new ports, there is room for revision in that it focuses on the role of guardianship of the state. However, it is necessary to refer to the UK's experience about active and advanced policies in port construction because the policy is concerning with legislative discretion, that is, securing appropriate policies, rather than a matter of constitutionality. In particular, among the UK's port construction policies, it is necessary to consider’ adopting close screening criteria,’ ‘raising funds’ and ‘attracting efficient investment in port construction,’ and ‘securing local residents' support and consent’ etc.