다문화가족지원사업 민간위탁방식의 개선방안

Improvement of the private consignment method of multicultural family business outsourcing
  • 전미현
  • 김경제

초록

The current Multicultural Families Support Act stipulates that the majority of multicultural family support programs are to be implemented by Multicultural Family Support Centers or private organizations. The national or local governments establish these centers, which are then operated through private consignment by specialized institutions such as corporations or organizations. However, the existing Multicultural Families Support Act and related municipal ordinances lack sufficient legal provisions regarding private consignment. Particularly, there are inadequate regulations concerning the selection criteria for consignees, evaluation procedures, and post-selection management and supervision. This has led to various issues related to private consignment. To address these problems, it is imperative to enhance the transparency of the selection process for private consignees. As an alternative, we propose adopting the sealed bid contract award system used in the United States. In the U.S., the selection of contractors for private consignment involves evaluating technical proposals, followed by price proposals from shortlisted applicants. The final contractor is chosen after discussions with all proposers within the competitive range. Furthermore, the qualification requirements for members of the consignee selection committee should be expanded. Multicultural Family Centers are institutions that carry out multicultural family support projects as mandated by law. Therefore, evaluating the project implementation capacity fundamentally requires expertise and experience in multicultural family issues. We propose including multicultural society experts who have completed the legal training specified by the Minister of Justice as eligible committee members. Additionally, we suggest including supervisors in the committee to assess the adequacy of multicultural family support project operational plans. To protect existing corporations or private organizations operating Multicultural Centers, we recommend explicitly stating re-contracting provisions in multicultural family-related ordinances. Specifically, we propose amending the current re-contracting clause from when the mayor deems necessary to when performance evaluation results are exceptionally outstanding or when there are no other private organizations capable of implementing multicultural family support projects. Lastly, to concretize the local government head's authority to guide and supervise Multicultural Family Centers, we propose directly and sufficiently stipulating this authority in the Multicultural Families Support Act or related municipal ordinances.

키워드

민간위탁다문화가족지원센터지도감독권한민간수탁자 선정절차밀봉입찰계약Private consignmentmulticultural family support centerguidance and supervision authorityPrivate Trustee Selection Proceduresealed bid contract
제목
다문화가족지원사업 민간위탁방식의 개선방안
제목 (타언어)
Improvement of the private consignment method of multicultural family business outsourcing
저자
전미현김경제
DOI
10.56544/JBLR.2024.12.76.25
발행일
2024-12
저널명
법학연구
76
페이지
25 ~ 55