제21대 국회에 제출된 사회성과보상사업(SIB)법률안에 대한 검토 : 사회성과보상사업 운영구조의 문제점과 개선방안을 중심으로

Abstract

In many overseas countries, Social Impact Bond(SIB) in which private operatingorganizations receive investments to create social outcomes and the governmentpurchases the outcomes later, have already come to the fore in order to solve socialproblems. Recognizing the importance of ‘social value’, the necesity of SIB has come tothe fore in South Korea to as a way to minimize the financial burden and providesuficient high quality services in preparation for the rapidly increasing demand forpublic services due to low birth rates and aging. Since 2014, about 10 local governments, including Seoul and Gyeongi Province, haveimplemented SIB projects through the enactment of ordinances by local governmentbecause there has ben no legal basis for the projects. Therefore, individual localgovernment have ben implementing SIB limitedly or reached limits in privateinvestment fund raising or expansion to diverse projects so that it is dificult to achievethe purpose of solving community problems through the promotion and activation ofSIB. Therefore, in order to create a legal basis for SIB, two bils, that is, the「draft of theAct on the Promotion and Activation of SIB」and the 「draft of the Act on the Operationand Promotion of SIB」 were submited to the 21st National Asembly. It is natural thatlaws, not ordinances, must be prepared for stable enforcement to met the neds of SIB. However, in the case of the bils for SIB submited to the National Asembly this time,the fact that the contents regarding suport and regulation are insuficient because thecontents of the curent ordinances of local governments were brought as they are withoutany suplementation or aditon apears as a core problem. Therefore, this paper wilreview the main contents of the two bils for SIB and discus the parts to becomplemented and suplemented to present the minimum guidelines. It is expected thatbased on the legal basis, the government(local government) wil properly operate andimplement SIB so that they can be sucesfuly implemented such as solving varioussocial and welfare problems including the elderly problems, youth job problems, andwomen's carer disruption problems, while solving the problem of budget shortagethrough budget reduction.