인도적 지원에서 신뢰 기반 파트너십의 제도화를 위한 행정법적 과제 ― 네덜란드 인도적 지원 파트너십 사례 연구를 중심으로 ―

초록

The importance of cooperative partnerships in international development cooperation projects with strong interdependence, such as humanitarian aid, has been emphasized through numerous studies. When addressing crises such as disasters or wars, or in situations requiring humanitarian aid due to political circumstances, response methods concerning food, shelter, and medical care inevitably take on individual characteristics in regions with differing perceptions of crises and cultural preferences (e.g., Haiti, Southeast Asia, Pakistan, Sudan, West Africa, Iraq, East Timor). Particularly when crisis support is fragmented and inefficient, or when optimal responses are difficult to achieve, information sharing and cooperation among governments, between non-governmental organizations (NGOs), and between governments and NGOs become crucial elements for providing appropriate support and responses. However, trust-based partnerships can also present structural challenges. These include difficulties in ensuring accountability and transparency, as well as in information disclosure and evaluation, when such partnerships are formed without clear role allocation criteria or under overly flexible standards. However, the Netherlands stands out as a prime example of delivering humanitarian aid through collaboration based on trust between the government and the Dutch Relief Alliance (DRA), relying solely on policy documents and policy consultations, in the absence of laws or regulations specifying clear role allocations. Specifically, the Netherlands serves as co-chair of the Good Humanitarian Donorship (GHD) group of advanced humanitarian donor countries. It allocates 11.7% of its ODA (Official Development Assistance) to humanitarian aid (as of 2020) and is recognized as a leading humanitarian donor with strengths in mental health and psychosocial support, as well as assistance to fragile states. The Netherlands exhibits a significant particularity: without a separate legal framework for international development cooperation or humanitarian aid, it collaborates between the Ministry of Foreign Affairs and a coalition of civil society organizations to publish detailed policy documents for multi-year projects. Based on these, it maintains a flexible and localized support system. This paper examines whether it is feasible from a public law perspective to establish a flexible, trust-based support strategy system for projects requiring strategic approaches with limited resources, while simultaneously necessitating localized project support and requiring internationally accepted multi-year strategies such as humanitarian aid. Accordingly, this paper focuses on the unique characteristics of the Netherlands' trust-based partnership framework and aims to examine whether such a system could be institutionalized in Korea. First, it reviews the scale and primary recipient countries of Dutch humanitarian aid. It then examines whether policy documents related to Dutch humanitarian aid—Do What We Do (2022), the Grand Bargain Implementation Strategy (2024), and the Risk-Sharing Framework (2023)—could be developed into detailed policy documents akin to laws or decrees within the legal system. This examination centers on perspectives concerning the partnership relationship between government and civil society. and the Risk-Sharing Framework (2023). This analysis focuses on whether such detailed policy documents can function similarly to legal statutes or executive orders within a legal framework, examining the perspective of the partnership relationship between the government and civil society. Specifically, it examined how strategies developed after the Grand Bargain—such as localization strategies, partnership mechanisms, and the Risk-Sharing Framework—actually contributed to policy implementation and trust-building. It also reviewed the factors enabling effective humanitarian aid despite the absence of clear legal grounds. Next, it examined the roles and functions of key actors in Dutch humanitarian aid partnerships: Parliament, the Ministry of Foreign Affairs, the DRA, and civil society. It specifically reviewed the unique characteristics of DRA governance and the evaluation system enabling these relationships. Finally, after reviewing South Korea's humanitarian aid legislation and governance, it explains that for the Dutch trust-based partnership to be institutionalized in South Korea, strategic linkage between legal and policy documents is necessary; an equal partnership structure must be formed in strategy development and implementation; and trust must be built through a substantive, long-term, and robust monitoring and evaluation system.

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