행정사무의 민간위탁과 재공영화 - 민간위탁의 한계와 재공영화 추진방안을 중심으로 -

Abstract

Delegation to private parties was implemented to achieve various policy purposes. The expected effect of delegation to private parties is price reduction and service quality improvement. However, the effect was impossible to confirm or insignificant. Rather, it revealed disadvantages such as undeveloped infrastructure and aging, poor service quality, rising prices, and limiting service availability. However, in reality, all public services cannot be provided directly by the state. Using delegation to private parties to provide public services to the public is one of the good options. But privatization or delegation to private parties should not be determined simply based on efficiency and fiscal pressure. It is necessary to decide by considering the public interest and negative influence. If the delegation to private parties is decided, various measures should be implemented to compensate for the limitations of delegation to private parties. One of the supplementary measures is strengthening management and supervision. The bailor shall introduce various supervisory methods to ensure practical management and supervision. It is also necessary to legislate to use public procurement procedures in delegation contracts to private parties for public services. Critics say that private contracts lack openness or fairness in the process of signing contracts. In order to eliminate these criticisms and to conclude a transparent contract, the following measures are needed. For delegation contracts of a certain amount or less, a trustee shall be selected as a private contract as so far. However, in principle, delegation contracts exceeding a certain amount should go through general competition procedures. This general competition procedure will reduce administrative and time waste if it is carried out by introducing the EU’s simplified procedure. Remunicipalisation was suggested as an alternative to solving various side effects caused by delegation to private parties. Prior to Implementation of the remunicipalisation, a multidimensional evaluation of delegation to private parties projects should be preceded. If this evaluation determines that it is a better choice to do the remunicipalisation, then the format of the remunicipalisation should be determined. Lastly, it is necessary to determine details such as the timing and cost of the remunicipalisation. If remunicipalisation is implemented through this procedure, the disadvantages of communalization can be minimized.