공기업의 경제활동과 사회적 가치: 공법학의 관점에서

The implementation of social values in economic activities may promote the furtherance of these values through active participation and cooperation among various players participating in the market. Public enterprises as both public and independent economic entities are entrusted with the mission of implementing the social values of a country. Accordingly, they should seek to promote the social values while paying a close attention to the objectives of their establishments, various aspects of their business operations including the purposes of providing public services, the financial soundness and sustainability, and the maintenance of the economic and competitive neutrality in the market. Even when the public enterprises form cooperative ties with the social economy, they should provide the institutional supports necessary to establish an ecosystem of the social economy while being mindful not to violate its autonomy as well as the nature of the market competition order. In this context, this article examines the feasibility and limitations of the law on the implementation of social values of the public institutions that are engaged in economic activities(i.e. the public enterprises) by analyzing and reviewing the Act on the Management of Public Institutions and the legislative proposals aimed at implementing social values and social economy. It closely examines two main legal tools, namely the management evaluation system for the public institutions as a vehicle to spread the socal values, and the preferential purchase scheme as a socially responsible public procurement system. In so doing, this article attempts to evaluate these tools from a public law perspective and to suggest ways to improve them.