지방공공기관 명의의 행정재산 사용․수익의 법적 성질

Local governments manage public property directly, but for various reasons, they entrust management of public property to local public institutions. The Supreme Court regards the legal nature of a local government's permission for use or profit-making of administrative property as an administrative disposition, and the legal nature of a loan contract for general property as a judicial contract. However, the courts have different views on the legal nature of use or profit of administartive property by local public institutions. Local public institutions fall public institution under Article 104 (2) of the 「Local Autonomy Act」. Therefore, there is an opinion that the legal nature of use and profit of administrative property by local public institutions is an administrative disposition. But, Article 2-2 of PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT stipulates that “Except as otherwise provided in other statutes, this Act shall apply to management or disposal of any public property and commodities.” Therefore, PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT should be applied unless otherwise stipulated by article of individual laws. Accordingly, a local public institution is a person who has been entrusted with the management of administrative property of Article 27 of PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT. And the legal nature of use or profit of administartive property fall under sublease under Article 27 (5) of the PUBLIC PROPERTY AND COMMODITY MANAGEMENT ACT. However, even if the legal nature is regarded as a judicial contract, there may be practical disputes over the collection of indemnites. Because local public institutions cannot be the subject of the collection of indemnities.