민간투자사업의 투명성과 지속가능성 보장을 위한 민간투자법의 쟁점

Today, the legal relation between a nation and citizen has transformed to the cooperative constitutionalism. It is necessary to conduct an in-depth study on the issues on the Public-Private Partnership in legal theory and system from the perspective of the cooperative constitutionalism. The Public-Private Partnership also has the issues such as privatization, contracting-out, nation’s responsibility for the social security, and nation’s duty to protect the fundamental rights under discussion in public law system. However, first of all, we need to understand the problems brought up from the perspective of the private investment business’s transparency and sustainability. Then we can suggest an alternative and the perspective from legal theory and legislative policy. Consequently, people will trust the Public-Private Partnership to be a significant alternative to the current public service system. Afterwards, people will believe it can be better for the private sector to take charge of some parts of the public service. And people will have more confidence that they are actual participants in the government administration. In other words, people will be a true sovereign and the cooperative constitutionalism created by the Public-Private Partnership will be realized in the future.