공행정을 수행하는 사인의 법적 지위

Legal Position of the Private Individual who Performs Official Affairs

It is a great modification on the administrative functions that private individual performs the administration rather than that of administrative authority. The authorities or rights of the nation, the inherent administrative authority, transferred to the local governments, public organizations and private individuals. There are two reasons why they delegated their powers. First, the lack of capability to handle the administrative demand not only in the professional or technological areas but also emerging spheres by traditional administrative organs. Further, it is necessary to use private individuals’ professional knowledges to perform duties in rapidity and efficiency. The acts such as the ‘Administrative Procedures’ and the ‘Administrative Dispute’, etc. are underpinned for the private individuals should implement administrative disposition as the administrative authority. It is possible to assert that official-trustee private individuals are on the greatest importance among the other private individuals who perform public affairs. The official-trustee private individuals are legally positioned as administrative authorities due to performing their delegated power to the public with their own names and obligation. In addition, official-trustee private individual have position as administrative officers. It may occur the obligation to compensate by their illegal disposition or torts. Whenever a natural person who is on the administrative officer’s position commit a tort during the performance of his/her duties, then the government has liability to compensate. However, if the corporation is an independent one that has juristic personality, then the corporation shall compensate for the damage. The private individual who is under obligation to charge public duties and the administrative assistant are not the authorities. Merely, they implement various duties or perform functions as administrative tools by the regulation which individual acts establishes. The duty that can charged to the private individual who is under obligation to charge public duties are suitable for him/her to dispose well. The administrative assistants are treated as public officers on the ‘State Compensation Act’ in the reason of their performing duties by administrative agencies command. Finally, there is utilization of specialist system that recruits the specialist who has professional knowledge forcibly to the enterprise or the field of construction. This system has a trait that burdens payment for the recruitment to the enterprise, not the administrative authority. This is the system that forwards to achieve the purpose of environmental or constructive administration under enterprises’ economical burdens.