프랑스 행정법상 공공서비스 법제 수용에 관한 연구- 보육서비스를 중심으로 -

The public service legislation in France is the system established by the precedent covering the dispute related to public service for more than a century accumulated in Conseil d'Etat and Tribunal des Conflits. As South Korea considers the administration as the largest service, South Korea should refer to the public service legislation of France and should develop the legislation regulating the public service field. As the initial step for the public service, When examining whether the childcare service provided based on Infant Care Act applies to the public service as the first step for developing legislation, the followings explain about the childcare service and the public service. The concept of the public service in France requires three elements. The objective standard has the element of ‘public interest’. The institutional perspective has the element of ‘public corporation or private person’. Lastly, the practical standard has the element of ‘governance by public law’. The childcare service is in accordance with three elements of the public service concept. In objective standard, Infant Care Act regulates the childcare service as the national duty and the childcare can be regarded as the public activity. The implementation of the childcare service is conducted by the nation or private person and it satisfies the institutional perspective. In addition, in practical standard, Infant Care Act provides authority to administrative agency in order to allow administrative agency to determine the administrative restriction or availability of childcare service. Therefore, it can be acknowledged that the childcare service utilization relation is under the regulation of the public law. As the childcare service is regarded as the public service, the public service utilization relation can be applied with the basic principles of the public service such as the principle of consistency, principle of equality, and principle of adaptability.