지방 SOC 사업의 예비타당성조사에 관한 법리

Abstract

The aim of this study is to examine the preliminary feasibility research system for SOC projects implemented by the central government, private businesses and even local governments from a public and legal perspective, its legal nature, content and characteristics, the effectiveness of procedures and defects, and how to remedy the rights to the results of a flawed preliminary feasibility research. For this purpose, this paper consists of five chapters. In the first chapter referred to the subject matter. The second chapter covered the concept of SOC projects implemented in the provinces and their legal basis. In the third chapter, the legal nature of preliminary feasibility research conducted under the National Finance Act, the Private Investment Act and the Local Finance Act were investigated based on theory and precedent. This is because the assessment of the legal nature is an important one based on the subsequent development and the derivation of improvements. Based on the legal nature, the content of the preliminary feasibility research (the initiation and implementation of the survey, criteria, procedures and methods etc.) was mentioned in succession, exemption, performance and effectiveness, and rights relief issues. The fourth chapter presented the improvement measures for the preliminary feasibility research system. The improvements were classified from the fundamental and legal aspects. Electronics has expressed the need to further enhance adequacy and transparency. The latter proposed securing the effectiveness of a comprehensive and unified plan for local SOC projects, establishing a multi-face verification system for preliminary feasibility research, preparing detailed prerequisites for exemption of preliminary feasibility research, actualizing information disclosure to the proposals for SOC projects under the Private Investment Act, and enhancing the effectiveness of verification by third parties (residents, people). In the last chapter, to its conclusion, lawmakers, such as the National Finance Act, allowed exemptions on the basis that preliminary feasibility research are national policy projects where considerable discretion of the administration is allowed, stressing the importance of finding legal optimum points between administrative discretion and control over preliminary feasibility research.