민간투자법제에서 국가의 보장책임을 실현하기 위한 비교법적 연구- 일본 민간투자법제와의 비교를 중심으로 -

These days the state performs public service along with private sector and the state has responsibility to guarantee good quality of public service. This is so called Gewährleistungsstaat. In Gewährleistungsstaat theory, although the state doesn't control directly, the state leads and manages in order that Private Finance Initiative would perform well through self-regulation. The most popular Public-Private Partnership(PPP) scheme is Private Finance Initiative(PFI). In spite of expansion of PFI in Korea, The balance between public interest and private interest has been not resolved. To solve this problem, the state's Responsibility of Realization of Public Purpose(Gewährleistungsverantwortung) is emphasized. The writer suggests solution through the comparative study between Korea and Japan. In PFI, the State's Responsibility of Realization of Public Purpose (Gewährleistungsverantwortung) can be realized through four ways. First, the State can regulate through making the range and limit of PFI contract. Second, the administrative agency, “for public interest”, can terminate PFI contract through administrative measure, even in the case that the private actor doesn't violate the law. This is so called “Right of Termination of PFI contract for public interest.” Third, in Japan, the state(local government) maintains PFI management system along with Designated Manager System which can be introduced in Korea. Fourth, the state has responsibility of compensation to third party whose damage was caused from misled infrastructure management. (주제어)민관협력(Public-Private Partnership(PPP)), 보장국가(Gewährleistungsstaat),