공공기관지정제도에 대한 헌법적 고찰 = Constitutiona Study on the Designation of Public Institutions

다국어 초록 (Multilingual Abstract)

A public institution is classified under public enterprise, quasi-institution and non-classified institution according to the current law of operating public institution. There are 30 public enterprises, 87 quasi-institutions and 178 of non-classified institutions as of year 2013. It shows more than half of a total of 295 institutions currently belong to non-classified institution. According to current designating system of public institution in the public institution laws, there`s no legal standard that clearly distinguish the quasi-institution from non-classified institution. The regulations related to management instruction, governance and management evaluation are applied only to public enterprise and quasi-institution. In other words more than half of a total institutions are free from the regulations. Therefore clear legal standard is required to prevent the argument in classifying institutions that are repeated every time it`s designated. In conclusion, it`s reasonable to designate only public enterprise and quasi-institution as a public institution by abolishing the type of non-classified institution. Unified management system is necessary by the dualization. Also some institutions need to be excluded from the public institution by considering of its distinctiveness and they should be classified as an institution of regulation non-applicable.