Earticle

초록

영어

The PFI(Private Finance Initiative) Contractor must comply with all the applicable laws to the PFI projects. Its failure to comply with such laws could give rise to termination of the PFI contract. The costs of complying with legislation, current or foreseen at the time of the conclusion of the contract, should have been built into the price of the PFI project bids.
Nevertheless, the PFI Contractor may not, for example, be capable of assessing some specific costs arising from changes in law which were not foreseeable prior to the conclusion of the contract, and adding such costs to its bid price. Accordingly, the concerning issues are who should be responsible for the costs arising from changes in law, and how such costs should be funded.
In case of PFI projects in the United Kingdom, the 'Standardisation of PFI Contracts (HM Treasury)' categorizes the risk of change in law into three: 'Discriminatory Change in Law,' 'Specific Change in Law,' and 'General Change in Law.' Who bears the risk is different in these three categories. In case of the first two cases, the Authority, that is, government agencies related to the projects, bears the risk while the risk caused by the third case (General Change in Law) will be borne by the PFI contractor. It is noteworthy that the UK's allocation of risk is closely related to other method of risk avoidance. Therefore, the UK's indexation, benchmarking, and
market testing provisions for risk allocation will be exemplary methods in order to cushion any adverse impact of the risk of change in law.
In contrast, the Korean Act on Private Participation in Infrastructure which applies to PFI projects fails to have any specific provisions in risk allocation or transfer like those of the UK. The Korean 'Standardisation of PFI Contracts (PIMAC)' contains some provisions on total project costs, operating costs, and force majeure event, but fails to provide any specific differentiation in case of different risk in change of law like UK.
The main feature of the PFI projects is how to share the risk in performing the projects between Authority and PFI Contractor. The best way to share risk is to allocate risk between the two parties in a reasonable way, and to minimize the costs for the two. The adequate allocation of risk will result in the successful performance of PFI projects.

목차

Ⅰ. 서론
 Ⅱ. 민간투자사업의 위험배분
  1. 위험의 정의
  2. 위험배분의 기준
 Ⅲ. 영국의 법령변경에 따른 위험과 그 배분
  1. 사업시행자의 책임으로 돌릴 수 없는 위험유형
  2. 법령변경에 따른 위험과 그 배분
  3. 조세 법령의 변경
  4. 기타 해외의 모델과 사례
  5. 소결
 Ⅳ. 우리나라의 법령변경에 따른 위험과 그 배분
  1. 법령변경에 따른 위험과 그 배분의 법적 근거
  2. 법령변경에 따른 위험에 대한 표준실시협약(안)의 관련규정
  3. 법령변경의 위험에 대한 처리방안
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 황창용 [ Hwang, Chang-Yong | 원광대학교 법학전문대학원 부교수, 원광대학교 법학연구소 연구위원, 변호사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340