공공기관의 자율성 및 책임성 확보에 대한 행정법적 과제

Abstract

Securing autonomy and acountabilty of public instiutions is a request of the times,and the revision of the Act on the Operation of Public Instiutions(AOPI) is at the centerof alternatives as an apropriate and efective alternative to this problem. Thefundamental limitation of the Act on the Operation of Public Instiutions is that eventhough the Act is an "integration" law, it is practicaly only a "partial integration."Therefore, it is urgent to establish a system for practical integrated managementincluding al public instiutions. The problem of autonomy and acountabilty in theoperation of public instiutions is that the publicity as the principle of establishment ofpublic instiutions are lacked in the law. There are no unifed and principled regulationson the instalation of public instiutions refered to in the Act on the Operation of PublicInstiutions. Even in the isue of independence of the governance structure of publicinstiutions as external governance, the compositon and function of the public instiutionmanagement commite are under the influence of the government. Although theCommite for the Operation of Public Instiutions is highest decision-making body for public instiution management policies, its role of the highest decision-making body isinsuficient because it does not have the authority to supervise management or projects. The Commite for the Operation of Public Instiutions could also form an operationcommite by checking the president's authority by giving some power to the NationalAsembly in apointing its members. The most important isue of internal governanceis the compositon of the board of directors, which should be improved in the directionof strengthening independence. The decision-making structure of public instiutionsshould be transformed from a "government monopoly" controled by the Ministry ofStrategy and Finance to a "participatory type of stakeholders." Since employes are keystakeholders of public instiutions, the employe representatives' participation in theboard of directors are required. To this end, the status as the Framework Act on theEstablishment and Operation of Public Instiutions shal be redefined, therebystrengthening the public nature in the purpose clause of the general provisions, and thefounding principle and basic ideology shal be newly established.