지방공기업법 제2조 적용 범위의 법적 쟁점 - 대전고등법원 2019. 4. 25. 선고 2018누11195 판결을 중심으로 - (Legal issues under Article 2 of the Local Public Enterprises Act)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 32권 / 1호 / 127 ~ 152페이지
· 저자명 : 장호진

초록

Local public enterprises carry out commercial and economic activities contributing to the development of local autonomy and the promotion of the welfare for their residents. There are various problems such as infringement on the private economy and waste of finance due to the expansion of local public enterprises' business. The business is directly related to Article 2 of LOCAL PUBLIC ENTERPRISES ACT.
Local public corporation or Local public agency may execute the business of the local government in the form of agency system. Here, There is controversy in interpretation, but they must comply with scope of application of Article 2 of LOCAL PUBLIC ENTERPRISES ACT.
Article 2 (1) of LOCAL PUBLIC ENTERPRISES ACT lists an example the business of local public enterprises. Therefore, The Daejeon High Court decided that it could not be interpreted in a limited way that the agency business of a local public corporation could not carry out other business. However, there is a limitation of not reviewing whether it applies to Article 2 (2) 1.
In Article 2 of LOCAL PUBLIC ENTERPRISES ACT, there are interpretation problems such as concept of business, current account ratio, etc. In particular, There is a problem of the Definitude of Law Principle. It causes problems in relation to Contracting-out. Thus, A legislative amendment is needed.

영어초록

Local public enterprises carry out commercial and economic activities contributing to the development of local autonomy and the promotion of the welfare for their residents. There are various problems such as infringement on the private economy and waste of finance due to the expansion of local public enterprises' business. The business is directly related to Article 2 of LOCAL PUBLIC ENTERPRISES ACT.
Local public corporation or Local public agency may execute the business of the local government in the form of agency system. Here, There is controversy in interpretation, but they must comply with scope of application of Article 2 of LOCAL PUBLIC ENTERPRISES ACT.
Article 2 (1) of LOCAL PUBLIC ENTERPRISES ACT lists an example the business of local public enterprises. Therefore, The Daejeon High Court decided that it could not be interpreted in a limited way that the agency business of a local public corporation could not carry out other business. However, there is a limitation of not reviewing whether it applies to Article 2 (2) 1.
In Article 2 of LOCAL PUBLIC ENTERPRISES ACT, there are interpretation problems such as concept of business, current account ratio, etc. In particular, There is a problem of the Definitude of Law Principle. It causes problems in relation to Contracting-out. Thus, A legislative amendment is needed.

참고자료

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