장기요양기관의 지위에 관한 행정법적 고찰

The phenomenon of providing welfare services by the private sector has appeared extensively in various fields these days, and the cases required a separate contract between the user and the public service provider have increased continuously. Nevertheless, study on the legal status of these private institutions is insufficient. The long-term care service is one of the public welfare services provided by private institutions. The purpose of this study is clarifying the legal status of the long-term care institutions as the private institutions providing the public welfare services. First, I gave an overview of the current Long-term Care Insurance to assist understanding of the long-term care service. Next, I analyzed the conventional theories about public affairs performed by the private institutions and the current legislations about contracting-out of administrative affairs, tried to describe the types of the contracting-out of administrative affairs systematically and concluded that designation of the long-term care institutions is applicable to the contracting-out of administrative affairs. Furthermore, I pointed out the lack of legislations on the contracting-out of public affairs, proposed the need for legal regulations and specific plans focusing on the providing information and ensuring ongoing services. Also, I reviewed whether service users who suffered damages in tort by the long-term care institutions can charge national compensation on the view of that we have to restrictively apply the National Compensation Act for tort committed by the public service provider.