공기업법제의 변천과 과제

Abstract

Motivated by the recently raised question of public enterprise debt, the 18th presidential selection and the starting of next government after six months etc. I study about what is the tasks of next government about Public Enterprises law system. BR The ideological fundation of Public Enterprises is the principle of social-wlfare state and Public Enterprises is the method of regulation and coordination of the economy to realize the social-wlfare state ideology as the aim of state and at same tione that have the limit of free market economy order. BR From this pointview, I research the Public Enterprises policy and legal system of every republic and government. I reach the conclusion that next government should improve various law and regulation of Public Enterprises, and establish efficiency and found the basic principle of Privatization. BR First, I suggest the 「Framework Act of Public Enterprises」 and that law include the article about the Public interest to realize the principle of social-welfare state. and unify various law system to enforce effectively Public Enterprises law. BR For establishing efficiency of Public Enterprises, I propose to found the national administration agency to generalize all Public Enterprises and enforce consistent policy through all republics and governments, a research institution, and promotion agency should be found. And I insist that the harmony monitoring control devices for the National Assembly and the Executive which have substantial ownership and nation participation system are necessary. BR Finally, a standard of judgment of the privatization of public enterprises depends on whether or not the natural monopoly become extinct. So the government needs to institutionalize a tool which can test balance between risk of market economy order and public interest.