일본 지방자치법상 지정관리자 제도와 국가배상책임

Abstract

Even if it is a field of public interest, it is not necessary that all of it be directly carried out by an administrative entity. Today, when the capabilities of the private sector have greatly improved, there are many things that private actors are superior to administrative actors in terms of private autonomy, creativity, efficiency and effectiveness. Japan's designated institution system was also introduced for that reason. The designated management entity dealt with in this paper is one type of such a designated institution system. Designated management entity is a system introduced in the 2003 revision of the Local Autonomy Act in Japan. A person who can manage public facilities installed by a local government is an institution designated by the relevant local government. Even before the introduction of the designated manager system, external institutions other than local governments performed part of the management of public facilities in the form of management entrustment, and at that time, those who could be entrusted with management were limited to public organizations. The designated manager system eliminated such restrictions, allowing private businesses to manage public facilities, and the designated management entity was given comprehensive management rights such as determination of usage fees, right to receive, and right to decide permission to use. This paper focuses on introducing Japan's discussion on who should be responsible for compensation under the State Compensation Act if a designated manager who has performed most of the management tasks of the previous administration causes damage to others due to errors in the management process of public facilities. However, even though the designated manager system has a history of nearly 20 years, it does not seem that there is much discussion on the state liability of designated management entities. Also there are not many cases. However, the paper introduces meaningful precedents and scholars' views and hopes that such discussions will serve as a reference in resolving the responsibility between administrative and private subjects in today's society, where the use of private power is expanding in the administrative field.