지방공기업법 적용범위의 법적 쟁점과 입법적 개선방안에 대한 소고

Local public enterprises are entities that are directly established and operated by local governments, or operated through corporations founded by them, for the purpose of promoting social and public interests. Their key characteristics are publicness, enterprise orientation, and locality. The current Local Public Enterprises Act sets forth basic principles for the management of local public enterprises. However, persistent criticism has been raised regarding the lack of clear standards governing the scope of application of Article 2, which defines their business activities. The business scope of local public enterprises has become a significant issue due to controversies surrounding competition with private markets and its close relationship with the business activities of local government–invested and –funded institutions. The administrative environment surrounding local public enterprises is undergoing rapid change. Population decline and the transition to a super-aged society pose serious challenges to local communities. Advances in advanced ICT technologies are also reshaping traditional business areas of local public enterprises. Under these conditions, local public enterprises are required to redefine their roles as key actors in responding to the crisis of regional decline. Accordingly, it is necessary to reestablish the scope of application of Article 2 of the Local Public Enterprises Act. To this end, legislative revisions are required concerning the relationship with other relevant statutes, the operating revenue ratio standards applicable to optional application projects, and the criteria governing mandatory application projects. Furthermore, follow-up research is needed to develop a legal framework that can comprehensively regulate local public enterprises and local government–invested and –funded institutions performing identical or similar functions in local administration.