지방재정법상 지방재정투자사업 심사제도에 관한 입법평가

Abstract

The aim of this study is to raise the legislative problems of the investment appraisal system of the Local Finance Act which was introduced for the way of local financial soundness with the public law perspective. Even allowing for the introduction background of the investment appraisal system of the Local Finance Act, a flat cost criteria that does not apply the difference of local land price has violated the principle of equality and the principle of proportion. Further. It violate the local autonomous finance right that local finance investment projects composed of local governments own revenue is treated as not exceptional case. In the first chapter the introduction background of the investment appraisal and a preliminary feasibility study for the way of local financial soundness are explained as follows; the enlargement of welfare cost of local government, the head of a local government’s merciful administration, the poor management of local public corporation, insufficient control of local council for budget and final accounts, large social overhead capital project, international event invitation, etc. Recently the legislation of the bundle Act of Local Empowerment and the revision of Local Decentralization Act extend the power and business scope of local government. The second chapter covered the investment appraisal and the feasibility study in the Article 37 of the Local Finance Act. The head of a local government should conduct appraisal on the necessity and validity of regular finance investment projects and undergo feasibility study on a new project with the total project cost of at least 50 billion won. In the third chapter the legislative problems of the investment appraisal system of the Local Finance Act and the improvement plan of those problems are suggested. The local financial project cost includes land cost. In spite of the difference of each local government’s land cost is very high, the investment appraisal system of the Local Finance Act provides a flat cost criteria. So the principle of equality and the principle of proportion are violated. Also the local financial project with local governments own revenue is considered sufficiently. As a countermeasures for these problems, local financial project cost should not include land cost and has to consider the local financial project with local governments own revenue.