공기업 민영화에 대한 공법적 통제원리에 관한 검토

Abstract

The role of public enterprises for public well-being improvement of has been increasingly expanding In modern society. But the deficit of public enterprises has become a serious risk factors to the national finances, related to the people's well-being too. This paper public enterprises with an emphasis on the public interest of having the public companies were examined to continue this public interest, even after they become privatized. Privatization of public enterprises is not to mean that shift the responsibility of public enterprises to private individuals. It is to delegate only to the private sector the implementation responsibility in the form of public and private cooperation, while reserves the authority of regulation based on public property is state-owned enterprises. Therefore, the public interest of the public enterprises is regulated by the control principle of the Constitution. On the other hand, privatization of public enterprises is regulated by the reserves of the law. Therefore, it would be contrary to the rule of law if promote the privatization of public enterprises without the law. And public companies is also limited by the replenishment of the principles of the Constitution after it is privatized. Recently a discussion of re-nationalization of private companies have come up with the dilemma of privatization in Germany. This is related to the guarantee nation theory, the argument that re-nationalization is an inherent and essential components of a national guarantee. And re-nationalization of companies, but there is a limit on the law, state and local governments have a wide discretion.