This paper examines the concept of restructuring contracts of private investment projects and
the operation principle in which financial savings are achieved, reviews the general legal issues
related to them, reviews the original issues of PPP financing, and that there is a possibility of
a conflict throughout the PPP Act because they do not have legal basis.
The problem with this absence of the legal basis is that most of the current PPP Act is based
on the PPP project at the construction stage, the so-called green field, and the construction
obesity is the original source of PPP financing. It seems to be a problem stemming from the
failure to keep in mind the financing of the replacement phase, the so-called Brown Field
disposal or restructuring costs. Currently, the restructuring work is being carried out in
accordance with the PPP Project Basic Plan which is promulgated by the MOSF, the Ministry
of the Strategy and Finance, but arbitrarily expanding the object of financing recognized under
the PPP Act means expanding the object and method of the government burden prescribed
by law without revising the law. Therefore, It is meaningful to set a grave exception to the
parliamentary budgetary principle of the governmental finances and the parliamentary control
principle of the state burden. Especially because it is the restructuring in the form of raising
the original and lowering the interest rate, there is an advantage when the interest rate is low,
but the risk of loss may be rather larger in the case of the interest rate surge. In addition,
it is necessary to consider the risks and concealment of financial burden due to deferral from
the private sector by incorporating the restructuring into the original as a justification, without
realizing the cost of reimbursement due to the mistakes of past demand estimates. For this
reason, rather than arbitrarily making arbitrary decisions at the administrative discretion of the government, it would be desirable to provide justification grounds through amendments to the
law.