감염병 관리와 공공의료원 정비에 관한 연구 - 민간투자 활용 방안과 공익 확보 수단을 중심으로 -

A Study on Infectious Disease Control and Facilities & Management of Public Medical Center - Focus on Ways of Using PFI and Securing Public Interest -

초록

COVID-19 has a wide range of impacts worldwide, and this has brought severe problemsas a threat to the overall national & international system. To reduce damages caused byCOVID-19, preventive & control measures against infectious diseases and both research& cure to COVID-19 both are important. Public medical institution is regarded moreimportant than private medical institution to research and cure for infectious disease. Because private medical institutions are not entirely for public good, they have inherentlimitation for controling pandemic infectious disease. The most important thing is to expand& to improve public medical center which functions as national-central public medicalinstitution and local-central public medical institution. (1) Compared with OECD counturies, Korea needs additional facilities of public medicalcenter, but financial resources of state and local government are not sufficient. Thisfinancial problem has effect on not only additional facilities of public medical center but alsoalready existing public medical center. To solve this problem, the writer suggests that stateand local government would cooperate with private sectors(private sector’s capital). Whilepresent Act on Public-Private Partnership in Infrastructure in Korea(2019) has schemeswhich demand "construction" of public medical center, it is not efficient for already existingpublic medical center. To solve this problem, the writer suggests scheme in which privatesector can participate in management of public medical center without “construction”. To usePFI effectively, this study takes examples by the Right to Operate Public Facility(2011) in Japan. (2) The more frequently private sector participates, the higher the tension betweenpublic interest could private interest becomes. State's Right of Termination of PFI contractfor public interest by Act on Public-Private Partnership in Infrastructure in Korea(2019)article 47 can be solution. To use State's Right of Termination of PFI contract for publicinterest effectively, this study takes example by Japanese legal institution. The writer's ultimate purpose is, by research of PFI & securing public interest, to make& improve legal system of public medical center in the long term.

키워드

코로나 바이러스 감염증 19감염병공공의료원지방의료원민간투자법공익을 위한 처분COVID-19Infectious DiseasePublic Medical CenterLocal Medical CenterAct on Public-Private Partnership in Infrastructure in Korea(2019)State's Right of Termination of PFI Contract for Public Interest
제목
감염병 관리와 공공의료원 정비에 관한 연구 - 민간투자 활용 방안과 공익 확보 수단을 중심으로 -
제목 (타언어)
A Study on Infectious Disease Control and Facilities & Management of Public Medical Center - Focus on Ways of Using PFI and Securing Public Interest -
저자
정호경황지혜
DOI
10.22851/kjlr.2020..59.007
발행일
2020-12
유형
정기학술지(Article(Perspective Article포함))
저널명
법제연구
59
페이지
215 ~ 244

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