상세 보기
해외 민관협력(PPP)의 주요 법률적⋅실무적 쟁점
초록
Per World Bank’s released statistics, a value of infrastructures required world-wide to be provided until the year of 2030 amounts to US$3.3 trillion. Many countries provide public assets or services by a form of public-private partnership (“PPP”), and this trend will be further growing. World Bank defines PPP as “a long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility and remuneration is linked to performance.” This article is written to help readers inform themselves on key PPP topics. It first enlists various definitions of PPPs and tries to set forth more accurate and comprehensive definition thereof. Then it describes in more detail the range of PPP contract types under the definition of PPP and some of common terminology used globally to describe PPPs. This article also addresses what types of PPP frameworks are available in various countries and what effects would be in implementing PPP projects. Next, it analyzes in detail a different legal nature of implementation/concession agreement, depending upon different legal system of respective country; that is, whether such implementation agreement should be regarded as either public contract or private contract, and what its different effect would be. Lastly, this article provides guidance on each stage of developing and implementing a PPP project-from identifying PPP candidates to managing contracts through the project life cycle. Particularly, it addresses key provisions in PPP contract including performance requirements, payment mechanisms, adjustment mechanisms, dispute resolution procedures, and termination provisions and payment. The author hopes that this article would be a good resources for Korean developers doing their business overseas.