중국 일대일로 추진에 따른 PPP 관련 법제 연구

The Chinese government clarified its plan to invest approximately 168 trillion won for the next five years into countries that participate in the ‘Belt and Road Initiative’ in the Belt and Road Forum for International Cooperation recently held in Beijing and pointed out the infrastructure construction field for the key investment target. China has carried out the domestic urbanization plan with the ‘Belt and Road Initiative’ and continued an increment in the domestic and foreign infrastructure construction business in recent years. When it comes to the business, the Chinese government positively urges itself to participate in it through the PPP method. Recently, China has ranked first on obtaining order based on a scale of the sum total of the PPP business all over the world. However, there are many problems in the actual status of the business in China. For example, the local government’s negligence on a contract, the weakness of release of the information, a lack of revenue assurance systems, and others are problematic. Accordingly, relatively, state-run firms highly participate in it, whereas the private capitals feel defensive about the participation due to the uncertainty of a fair competition and profit assurance. It is pointed out that the most fundamental problems for this are the absence of laws at unified state levels regarding the PPP method and a lack of the legal force for the key profit assurance. To solve them, China has positively led legislative activities and announced the relevant policies as the central government level, but it actually intensifies the confusion due to the competitive legislation and discrepancy in interpretations between government departments. Hence, a lot of requirements for the unification legislations are consistently raised. There are a lot of expectations about the entry of Korean companies in the Chinese PPP market in the future, and many theory studies have been carried out by the PPP method. However, there is not enough research on the understanding of the Chinese PPP systems. For this, the research compares and analyzes consultation paper about <Law of Cooperation for Government and Social Capital> that has recently completed the acceptance of opinions in order to unify the PPP systems and <Measures for the Administration of Concession for Infrastructure and Public Utilities> that are the most upper law related the Chinese PPP systems, examines major problems attributable to a conflict of interests and discrepancy in interpretations between competent authorities, and understands the current status of the Chinese PPP systems.