민관협력사업에 있어서 행정주체의 사업위험분담

• 영문명: The Public Authority's Risk in PPPs
• 발행기관: 원광대학교 법학연구소
• 저자명: 황창용(Hwang, Chang-Yong)
• 간행물 정보: 『원광법학』제27권 제4호, 353~378쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.30

영문 초록

Privately financed infrastructure projects create opportunities for reducing the commitment of public funds and other resources for infrastructure development and operation. They also make it possible to transfer the private sector a number of project risks that would otherwise be borne by Pubic Authority. Adequate project risk allocation between Pubic Authority and the Project Company is essential to reducing project costs and to ensuring the successful implementation of the project. Practical guidance provided to contracting authorities in a number of countries often refers to general principles for the allocation of project risks. One such principle is that specific risks should normally be allocated to the party best able to access, control and manage the risk. The Project Company undertakes to ensure Service Commencement usually by a particular date and to continue to provide the Service for the duration of the Contract. there may, however, be circumstance in which the Project Company should fairly be relieved from liability for failure to commence or provide the Service and should be compensated. This research paper discusses the adequate allocation of project risk which Pubic Authority should bear such as Political risks, Site risks, Change in Law, Alternative facilities risk, Force Majeure risk and so on.

목차

Ⅰ. 서 론

Ⅱ. 민관협력사업

Ⅲ. 사업위험 분담에 대한 원칙

Ⅳ. 문제되는 사업위험

Ⅴ. 사업위험에 대한 처리방안

Ⅵ. 결 론

참고문헌

Abstract

키워드

민관협력 민간투자사업 사업위험 사업위험의 분담 불가항력 Public-Private-Partnership Private Finance Initiative Project Risk Risk Allocation Force Majeure