scholarly journals Public-Private Partnerships in Republic of Korea: Experience and Results

Author(s):  
Lee Jae Sung

The Republic of Korea came to realize the acute necessity of launching the public-private partnership (PPP) at the turn of the 90s, the country happened to fall short of such infra facilities as roadways, railroads, sea ports and airports and the government found itself unable to fully finance their construction works. Although the PPP institutional framework started to get purposely and mostly formed in the first half of the 90s in Korea the PPP itself actually came into occasional practice even before, owing to some legislation, covering roadways and sea ports. There are four main stages to be noted in the development of PPP, consecutively ranging from 1968 to 1994, from 1994 to 1999, from 1999 to 2004 and since 2005 till now. The PPP periods are much related to various amendments to the basic PPP law, initially adopted in August 1994 as the Act on Promotion of Private Capital Investment in Social Overhead Capital which was transformed into the Act on Private Participation in Infrastructure (briefly called the PPP Act) in December 1998. Along with this Act, Korea's PPP institutional basis currently laid by the Enforcement Decree of the Act on Public-Private Partnerships in Infrastructure, the PPP Basic Plan and the PPP Implementation Guidelines. It is the PPP Act that determines 49 types of PPP project-eligible infra facilities, categorized into 15 groups such as roads, railroads, ports, airports, communications, water resources, energy, environment, forestry, logistics, welfare, public housing, military housing, education, culture/tourism. In the aspect of the globally-recognized types of PPP procurement methods, the PPP Act primarily determines the use of such mechanisms as BTL, BTO, BOT, BOO.

Author(s):  
I. Korgun ◽  
S. Sutyrin

This article discusses the measures of the government of the Republic of Korea to overcome the consequences of the COVID-19 pandemic. It shows what programs are being adopted to stabilize the social situation, normalize business activity and create conditions for the development of new sectors of the economy. An attempt is also made to suggest how relations with foreign economic partners may change in the post-tandem period.


2021 ◽  
Vol 13 (2) ◽  
pp. 213-224
Author(s):  
Cheol Kang ◽  
Ilhak Lee

AbstractThis article examines the development of the Republic of Korea’s strategy to prevent the spread of COVID-19 with particular focus on ethical issues and the problem of politicization of public communication. Using prominent examples of stakeholders who have acted and expressed themselves in highly contradictory ways on the topic of the pandemic, we provide an analysis of how the public health policy discourse has entered into the realm of politicization and elaborate on the danger that this phenomenon poses in terms of rational debate and appropriate policy measures geared toward the public’s safety. Considering the role that the Republic of Korea have had in global media coverage of quarantine policies and epidemic prevention, we believe that our study makes a significant contribution to the literature because it provides a new perspective and insights into the forces at work within and around a prevention strategy that has both been lauded and seen as highly controversial.


Author(s):  
Pandelani H. Munzhedzi

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.


2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.


Author(s):  
I Putu Mahentoro

ABSTRACTThe research was conducted based on the same authority which is ownedby the two institutions, namely Food and Drug Administration of the Republic ofIndonesia and Bali Provicial Government in monitoring and controlling ofalcoholic beverages in Bali.The results of this study demonstrate the Food and Drug Administrationand the Provincial Government of Bali have the same authority to supervise andcontrol alcoholic beverages in Bali. Bali Local Government Regulation Number 5of 2012 on the Circulation of Alcoholic Beverage Control only requires each hasa label on alcoholic beverages issued by the Government of Bali has to bedistributed to the public, while the authority of the Food and Drug Administrationis regulated in the Regulation of Minister of Health of the Republic of IndonesiaNumber 382/MENKES/PER/VI/1989 on Registration of Food that requires allfood produced both by local producers and imported foods are required to beregistered to the Ministry of Health through the Food and Drug Administration.In the Regulation Number 5 Year 2012 did not include the authority of theFood and Drug Administration (the Empty Norms) so that the Food and DrugAdministration can not perform optimally the law enforcement againstmanufacturers, distributors and sellers of alcoholic beverages in violation. Tocope with the condition it should be a amendment in the Bali ProvincialRegulation Number 5 of 2012 by stating firmly and clearly the authority of theFood and Drug Administration related to the registration of food, which requiresthat for all foods and beverages that will be distributed to the public must beregistered to the Ministry of Health through the Food and Drug Administration.


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