공공기관의 실질적 기준과 프랑스 공공서비스법리

Abstract

The Act on the Mnagement of Public Instituions has been enacted on January 19, 2007 as 8258th law, and put into an effect since April 1, 2007. The purpose of this law is to devote on improvement of public services of public organizations by establishing transparency on management and achieve the rational management of public organizations through regulating basic requirements on management of public organizations and achievement of self-management and liability management system. A public institution is classified under public enterprise, quasi- institution and non-classified institution according to the current law of operating public institution. Whether it’s classed as a public institution which is subject to the law and classifying its type is decided by notification of Minister of Strategy and Finance based on the law of operating public institution. This paper discusses how to link the theoretical concept and statutory concept of Public Institutions. To this purpose, cases of the Constitutional Court of Korea and public service legislation in france are consulted. Based on these researches, the concept of public enterprise can be defined as follows. Public institutions can be defined in various ways according to their analytical purposes or utility, but the key concepts of public institutions are based on the notions of publicness and institution. Unlike private companies, public institutions are fundamentally intended to perform tasks under the authority and accountability delegated by the government with the goal of pursuing public interest, or general interest, national commitment, and life quality of the general public.