우리나라 港灣管理의 포트 오소리티 體制로의 轉換에 관한 硏究

Abstract

A port authority system has been regarded as one of the efficient ways of port administration. The Korean government is thus now planning to introduce such a system into the port of Pusan and Inchon. Although it is not a satisfactory level, an agreement on the basic frame of the Port Authority(PA) has been reached between the concerned organizations in Korea.

There were various opinions as to concrete establishment of the PA between the Ministry of Maritime Affairs & Fisheries (MOMAF), which has a responsibility for port management in Korea, and the Local Authorities, which are guaranteed to partly participate in the PA. The initial plan for the establishment of the PA has to be changed partly by not the logical and rational consideration but the negotiations between the interests that have an interest in the PA.

The aim of this study is thus to examine opinions disclosed on the structure of the PA between MOMAF, Pusan city and Inchon city by analysing and reviewing the reports and discussions with the Promotion Committee. In addition, this thesis is to find out the reasons why they have different views and opinions over the establishment of PA and to analyze how such conflicting opinions will influence on the operation in future of the PA. On the basis of the above research, this study suggests a more rational proposal to establish the PA not from the result of the negotiation between the interested parties, which have involved in the process of establishment of the PA, but from the viewpoint of principles.

The most efficient proposal on the establishment of the PA for Korean port administration, is suggested as follows :

1. Order of Port to Introduce

Preferentially, the Pusan port and Inchon port introduce the PA system in advance and then the other ports such as Pohang, Ulsan, and Kwangyang port do the system year by year.

2. Name and Feature of the PA

3. Mission of the PA

The function of the port development and operation which has been performed by various public bodies previously should be transferred to the PA.

4. Donation of the State-owned and National asset to the PA

After allowing free of charge for the state owned assets for 5 years they should be purchased by the long term payment method.

5. Constitution and the Duty of Committee

1) Right to appoint and dismiss of Member

The Right to appoint and dismiss members of PA should be given to the PA.

2) Arrangement of Seating

10 more and less committee member is suitable.

3) Organization of Member

5 member should be appointed by the Chief of the Local Authority and the other 5 member by the government.

4) Term of Service

If the seating is arranged by 10 members, the term of service should be 5 years and every year 2 members are substituted.

5) Qualification of Member

It is reasonable to exclude the following person

- Unable to perform his or her duty due to his or her health

- Abuses his or her Right

- Judged of guilty with more than penal servitude, including a stay of execution

- Deprived of his or her qualification

7) Payment for Member

The half of member shall receive payments as a full-timer and the other half non payments.

8) Right and Duty of the Committee

The PA as the highest institute of making decisions has the rights to decide the main policies, to supervise the execution of the policies, to legislate rules, and to appoint and dismiss member of the board.

9) Decision

The chairman of the PA shall represent the committee and preside meetings. The decision is will be made by majority of votes.

6. Other Member

1) President

The president shall be appointed by the committee with 3 years service term and can be reelected. He or She shall have the responsibility for executing the general affairs of the PA.

2) Several Member of the Board

Several member of the board shall be nominated by the president and appointed by the committee with 3 years service term. They can be reappoined and assisted the president.

3) Auditor

2 auditor shall be appointed and each of them shall be appointed by the government and the Local Authority, respectively.

7. Status of the Member in terms of the Criminal Law

It is desirable for the member to have the same liabilities with a public official in terms of the criminal law.

8. Financial Account

1) The independent profit system under the corporate account method shall be introduced.

2) The right to issue public loans or the right to borrow operating funds shall be provided.

3) The government shall provide a subsidy at the beginning of about 5 years to compensate any losses. When the PA has an ability to make profits, the independent profit system shall be introduced.

9. Relationship between the Government and the Local Authority

The port development plan shall be approved by the government and the Local Authority, but the other interventions shall be excluded as much as possible.

10. Adjustment of the City and the Port Development Plan

It is obliged in legally for the experts to attend for city and port development plan.

- National Assembly Member

- Council Member of Local Governments in the year

- Officials in charge of Port Construction Office in the year

- Executive of the company or a person who is in the same or higher position

- A committee member who corresponds to each article mentioned above shall resign.

6) Dismiss of the Committee Member

Committee Member can be dismissed by the following reasons