민간투자사업 ‘재구조화’계약 - 금융원본(元本) 확대 실질과 문제점

Abstract

This paper examines the concept of restructuring contracts of private investment projects and the operation principle in which financial savings are achieved, reviews the general legal issues related to them, reviews the original issues of PPP financing, and that there is a possibility of a conflict throughout the PPP Act because they do not have legal basis. The problem with this absence of the legal basis is that most of the current PPP Act is based on the PPP project at the construction stage, the so-called green field, and the construction obesity is the original source of PPP financing. It seems to be a problem stemming from the failure to keep in mind the financing of the replacement phase, the so-called Brown Field disposal or restructuring costs. Currently, the restructuring work is being carried out in accordance with the PPP Project Basic Plan which is promulgated by the MOSF, the Ministry of the Strategy and Finance, but arbitrarily expanding the object of financing recognized under the PPP Act means expanding the object and method of the government burden prescribed by law without revising the law. Therefore, It is meaningful to set a grave exception to the parliamentary budgetary principle of the governmental finances and the parliamentary control principle of the state burden. Especially because it is the restructuring in the form of raising the original and lowering the interest rate, there is an advantage when the interest rate is low, but the risk of loss may be rather larger in the case of the interest rate surge. In addition, it is necessary to consider the risks and concealment of financial burden due to deferral from the private sector by incorporating the restructuring into the original as a justification, without realizing the cost of reimbursement due to the mistakes of past demand estimates. For this reason, rather than arbitrarily making arbitrary decisions at the administrative discretion of the government, it would be desirable to provide justification grounds through amendments to the law.