다주체 협력과 국가의 역할에 관한 행정법적 연구

Abstract As the people's sovereignty consciousness improved, the desire to participate in administration increased, and the private sector, such as private companies, became more professional in administration, changing the administrative environment in which the state performed administration alone. As the administrative environment has changed, the need for various actors to participate in administrative performance has increased, but most of the administrative law relations are still made up of the relationship between the administrative subject and the administrative object. This article studies multi-subject partnership in which various actors participate in administrative performance so that they can adequately respond to changes in the administrative environment. In order for administrative legal relations to become a multi-subject partnrship, it is necessary to meet the following three requirements. First, subjects that exist within a multi-subject partnrship need to be subjects that exist two or more independently. Second, these independent subjects must be in a horizontal relationship as the subject carrying out the administration, and this horizontal relationship must be formed by voluntary motivation. Third, multi-subject partnership needs to cooperate closely and continuously for the common goal of administrative performance. In this way, even if the administrative law relationship is converted to a multi-subject partnership, the role of the state still exists. However, the state plays the only role in performing administration in traditional administrative law relations and also in supervising the administrative performance of private enterprises in public private partnership. Its role means creating a place of cooperation where various actors can participate in administrative performance and maintaining a place of cooperation so that cooperation between various actors can be facilitated. In order to fulfill this role, the state needs to introduce legislation that can more diversely and actively participate in administrative performance. By studying multi-subject partnership and the role of the state, various actors are involved in administrative performance, and the risk that the state may not properly perform administration alone is expected to be prevented. In addition, there is an effect of securing transparency in administrative performance by opening the administrative performance process to various subjects.