선박안전법상 정부검사 대행제도의 법적 성격과 민간위탁제도로의 편입

Abstract

In an era in which civil societies require safety, environment, health and welfare more than ever, governments already have their hands full. Now, the age should be increasingly defined as the time of a private party-driven public governance, where we are urgently under pressure to clarify a reasonable and democratic relationship between an Administration and a private actor participating in the public services. Despite it's been quite long since the 'Private Delegation,' as a specific legal form of administrative delegation, was first introduced into under the Government Organization Act, the innovative legal framework has rarely been employed in Korean society except where local governments or municipalities resort to private sectors only for such simple and repetitive trivial services. While the Private Delegation under the Government Organization Act appears shunned by law-makers as well as the Administrations for some unspoken reasons, the old and non-orthodox legal formality known as ‘DaeHaeng’, extremely unique to the Korean administrative laws and considerably strange to the international legal societies, has ironically enlarged its statutory applications in our domestic administrative enactments. For instance, this Quasi-Delegation(‘DaeHaeng’) provided in the Ship Safety Act controls the privity between a delegator and a delegate with regard to statutory vessel inspections, being criticized as having opened the door widely to a lot of controversial and chaotic interpretations as to what the public-private partnership should be formed within this Korean style framework of the quasi-delegation. This Article poses the question as to how different the DaeHaeng under the Ship Safety Act and the Private Delegation under the Government Organization Act would be in terms of internal and external public-private relations, and asserts that the DaeHaeng shall be shifting into, and construed as, sort of the Private Delegation in both interpretive and legislative review.