행정권한의 민간위탁에 관한 법적기준의 설정과 한계

Abstract

Major advanced countries recognized the functional limit of bureaucracy politically and strived to get over financial crisis economically since 1980s. For this purpose and in an effort to streamline administrative work for downsizing governmental organization, contacting-out system (or program) was suggested in which governmental administrative authority could be entrusted to private organizations. Based on abovementioned theoretical background, contracting-out for administrative authority is defined as follows: National or municipal (local) government entrusts (transfers) its governmental services, not directly pertinent to the right and obligation of people (residents), to a private corporation· organization, company or individual, and lets it implement (supply) the services under its name and responsibility. For Korea, in an effort to intensify contracting-out system, central and municipal government(s) carried out an institutional reform to lower the approach barriers against private administrative participation so that private sector could provide administrative functions or services efficiently within its implementation capacity. Contracting-out system for administrative authority is based on ‘Government Organization Act’, ‘Administrative Authority Commission & Entrustment Regulations’ and ‘Local Autonomy Act’ And ‘Government Organization Act’ is equivalent to the status of general statute for this contracting-out of administrative authority. The purpose of this study is to find out the possibility of expanding contracting-out system which have been implemented with non-authoritative administrative operation - not directly related to the right and obligation of people - under current legislation, to the extent of public authoritative administration operation that affects the right and obligation of people.