Research Report
A Study on the Legislation for Diversification of Contributed Acceptance Models
Ⅰ. Purposes of the Study
▶ The need to operate a transparent and efficient contributed acceptance.
○ The gratuitous use of donated property stipulated in the Public Property And Commodity Management Act is a general practice, and transparent and efficient management and utilization of donated property incorporated into administrative property are required.
▶ Improving the publicity, profitability, and utilization of public property by local governments.
○ In order to operate a transparent and efficient contributed acceptance system, it is necessary to design a system that can secure the publicity, profitability, and utilization of public property provided by contributed acceptance.
▶ It is necessary to revise laws and regulations related to the operation of the contributed acceptance system.
○ It is necessary to prepare a entrustment of management for the contributed acceptance system that can secure the publicity, profitability, and utilization of public property, and for this purpose, it is necessary to reorganize and design the legal system through revision of the Public Property And Commodity Management Act and Enforcement Decree.
Ⅱ. Main Contents
▶ The characteristics of the legal nature of the contributed acceptance.
○ Public Property And Commodity Management Act stipulates only the basic matters of contributed acceptance, and in the process of contributed acceptance, there are types of when the obligation to donate is added as an adjunct and when the donation is premised on the administrative agency's counter benefit, and various reviews are conducted for each type.
○ The contributed acceptance generally has the nature of a donation contract, but the concept is formed by a mixture of private legal relations and public law dispositions by recognizing the nature of administrative disposition for permission for the gratuitous use accompanying contributed acceptance.
○ The mixed nature of the legal nature of contributed acceptance may be afraid to cause confusion in practice, and there are concerns about the operation of a system that is not unified as special circumstances are reflected in each case of local governments.
○ Therefore, the standards for transparent and consistent system operation and the design of entrustment of management method for donated property can provide directions for resolving the problem by reorganizing the relevant laws and regulations.
▶ Introduction of entrustment of management system for contributed acceptance to enhance the publicity and utilization of public property.
○ Due to the mixed nature of contributed acceptance, the need for management and control methods to enhance the public interest and publicity of public property has been raised as each local government operates differently for each case.
○ Considering that the contributed acceptance system is operated as a means of local projects of local governments, it is necessary to secure diversity in local projects using the contributed acceptance system and promote local projects through cooperation between local governments and the private sector.
○ In order to improve the profitability and utilization of public property along with transparent and fair system operation, laws and regulations are requested to establish standards to ensure maximum autonomy in the operation of the contributed acceptance system.
▶ Revision of the Public Property And Commodity Management Act and the Enforcement Decree
○ As a way to secure the public interest, profitability, and utilization of contributed acceptance as public property, it is necessary to introduce an entrustment of management.
○ To this end, the method of entrustment of management is added to the cases where conditions are not granted prescribed in the current Public Property And Commodity Management Act.
○ In order to implement the entrustment of management, the Enforcement Decree has to provide the basis for the selection of donors, allows entrustment of management for contributed acceptance by a selected donor, and sets other necessary administrative entrustment period.
Ⅲ. Expected Effect
○ Improving the usability of public property.
○ Increase transparency and efficiency of public property management policies.
○ Improving the contributed acceptance system and activating the operation of the system.