A Study on the Role & Method of Social Subject's Participation in the Legal System of Public Hospitals based upon Administrative Law
Authors:   Korean Public Land Law Association, Hwang Ji-Hye 
Published: November 2023

In Korea, it is urgent to establish a sound public health care system, because total number of public hospitals is not sufficient & facilities are aging. In particular, with the COVID-19 pandemic, national & local government's limitation in providing public health care only through public hospitals had been revealed. Therefore, national & local government & various actors in society to participate in establishing a sound public health care system is necessary. In administrative law, Network Theory(Netzwerktheorie in German) is a theory that has attempted to discuss the participation of not only states(includes local governments) and private enterprises, but also more diverse social subjects such as residents in administration. Network theory(Netzwerktheorie in German) means a theory that includes “building a long-term relationship while interacting with a number of independent subjects in society for important resource exchange.
To establish public health care system, the writer suggests the roles and methods of participation performed by each subject based on Network Theory. For this discussion, the subjects participating in establishing system of public hospitals are divided into ① states and local governments, ② private enterprises, ③ residents and general public, and ④ non-profit private organization. The roles of each subject are below: First, states and local governments plays roles in providing public health care service through public hospitals as before, and provides and maintains a place for cooperation for various subjects to participate in cooperation with the system of public hospitals that are converted to network relations. The method of participation of states and local government focuses on legislation to improve the legal system of public hospitals. Second, private enterprises are in charge of commissioning work related to facilities of public hospitals from the states and local governments. The method of participation of private enterprises focuses on the Private Finance Initiative(PFI) to ease the financial burden administered to facilities of public hospitals and to ensure that public hospitals can properly provide public health care services. Third, residents and the general public play a role in deciding jointly with the states and local governments on the establishment or operation of public hospitals. The method of participation of residents and the general public shall be discussed focusing on the residents-participation in the planning stage. Fourth, non-profit private organizations play a role in monitoring whether the establishment and operation of public hospitals are properly carried out. The method of participation of non-profit private organizations will be discussed focusing on class action.
By clarifying the roles and methods of the subjects participating in establishing the system of public hospitals, it is expected to be able to effectively respond to the pandemic that may occur again in the future. In addition, it is expected that public hospitals can provide high-quality public health care service to the public and protect the lives and bodies of the people.