국가사무의 특수법인 위탁과 법률유보 ― 국유재산의 특수법인 위탁을 중심으로 ―

Entrusting the affairs of the state or local government to the private sector is motivated by decentralization of public administration, reduction of burden on administrative entities, financing, and use of private creativity and technology and expertise. Since the 1990s, a contracting out system has been actively sought as a way to correct administrative inefficiency and reduce government organizations. Entrustment of administrative affairs is recognized as ‘contracting out’, or the entrustment is defined as the transfer of administrative authority by the state or local government to a ‘person in an independent position’ (special corporation, private corporation, individual, etc.). Unlike Entrustment of local government affairs to the private sector , in the case of Entrustment of state affairs to the private sector, the management of large scale public facilities such as roads, rivers, and ports, the imposition and collection of quasi-taxes such as pension insurance, employment insurance and industrial accident insurance, and the implementation of land and housing projects. It is common for the individual laws to prescribe sovereign authority acts. It is difficult to entrust such affairs to the private sector in a contract entrustment, so most of them are entrusted to the special corporation(Korea Expressway Corporation, Korea Water Resources Corporation, Korea National Health Insurance Corporation, and Korea Land and Housing Corporation). Special corporations in Korea are virtually identified with public officials due to the establishment, purpose of establishment, strong control by the government, the nature of performance affairs, and the granting of sovereign authority, and as a result, they are not required to retain strict reservation of laws in it’s basis for performance affairs.