『민간투자사업분쟁관계법』은 민간투자사업(BTO, BTL 등)과 관련된 법적 쟁점과 법원 분쟁사례를 담은 책이다. 현행 민간투자제도와 관련된 모든 법적 쟁점을 망라하고, 민간투자사업의 주체인 주문관청, 사업시행자 및 제3자 간에 이루어지는 법적 분쟁의 구조, 유형 및 사례를 분석하였다. 또한 대법원 판례, 하급심 판결수록 및 해석을 수록하고, 민간투자사업의 진행 단계 별 상세한 법적 쟁점 해석 및 문제점에 따른 대안을 제시하였다.

제1편 민간투자사업의 법적 기초
Ⅰ. 민간투자제도 일반론 ··········································································································3
제1절 민간투자제도의 의의 ································································································3
제2절 우리나라 민간투자제도의 법적 근거 ····································································10
제3절 일본의 민간투자제도 소개 ·····················································································11
Ⅱ. 우리나라 민간투자제도의 연혁 ····················································································4··2
제1절 개관 ··························································································································24
제2절 민간투자제도 변천 ··································································································26
제2편 민간투자제도의 공법적 조명
Ⅰ. 의의 ···································································································································41
Ⅱ. 행정계약론 ························································································································42
제1절 행정계약의 개념과 실익 ·························································································42
제2절 행정계약의 적용법리 ······························································································48
Ⅲ. 프랑스의 행정계약론········································································································26
제1절 프랑스의 행정계약 일반론 ·····················································································62
제2절 공공서비스 특허계약 ······························································································65
제3절 정부공사계약 ···········································································································78
Ⅳ. 독일의 행정계약론············································································································97
제1절 행정의 사화와 민간투자법제의 발전 ····································································79
제2절 사인에 대한 행정권한 위임과 개념 구별 ····························································81
제3절 독일의 민간투자방식의 법적 성질 ········································································87
Ⅴ. 현행 우리나라 민간투자제도의 법적 성격·····························································0····9
제1절 민간투자제도의 의의 ······························································································90
제2절 우리나라 민간투자제도의 법적 성격 ····································································90
제3절 민간투자법의 법적 성격 및 지위 ········································································93
제4절 소결 ························································································································106
제3편 현행 민간투자사업의 법적 쟁점
Ⅰ. 일반론 ······························································································································109
제1절 우리나라 민간투자사업의 특징 ···········································································109
제2절 민간투자사업의 대상 및 대상시설 ······································································111
제3절 민간투자 대상사업의 지정 및 취소 ····································································154
제4절 민간투자사업의 방식 ····························································································158
제5절 민간투자사업과 행정절차 ···················································································201
제6절 지방자치단체 조례와 민간투자사업 ··································································212
Ⅱ. 국가계약법과 민간투자법 ······························································································20
제1절 의의 ······················································································································220
제2절 국가계약법의 법적 성격 ·····················································································220
제3절 조달계약의 특징 및 민간투자사업과의 차이 ·····················································238
Ⅲ. 민간투자사업과 행정계획 ······························································································259
제1절 의의 ························································································································259
제2절 민간투자사업기본계획 ······················································································260
제3절 민간투자시설사업기본계획 ···················································································269
제4절 기본계획, 실시협약 등 법령의 적용 및 해석순위 ············································285
Ⅳ. 협상대상자 ························································································································287
제1절 의의 ······················································································································287
제2절 협상대상자 지정행위의 법적 성질 ··································································291
제3절 협상대상자 지정행위 관련 쟁송형태 ··································································300
제4절 사업계획서 평가 및 절차 ···················································································309
제5절 사업계획서 평가 및 협상대상자 지정 관련 분쟁사례 분석 ····························317
Ⅴ. 실시협약 ·························································································································360
제1절 문제제기 ·················································································································360
제2절 실시협약의 근거 및 내용 ·····················································································362
제3절 실시협약의 법적 성질 ··························································································369
제4절 실시협약의 분쟁내용, 소송형식 및 분쟁사례 ···················································373
제5절 의회의 동의 절차 ··································································································389
제6절 실시협약의 하자와 후속적 행정행위(하자의 승계) ··········································408
제7절 실시협약의 해지 ····································································································413
Ⅵ. 실시협약의 변경 ··············································································································428
제1절 사정변경과 실시협약의 변경 문제 ······································································428
제2절 자금재조달(Refinancing) 및 재구조화(Restructuring) ··································437
Ⅶ. 주무관청·사업시행자·제3자 ························································································471
제1절 의의 ························································································································471
제2절 주무관청 ·················································································································471
제3절 사업시행자 ·············································································································486
제4절 분쟁의 구조, 유형 및 사례 ·················································································510
Ⅷ. 실시계획승인, 시공 및 관리운영 ················································································685
제1절 의의 ························································································································586
제2절 실시계획승인 ·········································································································586
제3절 부대사업의 시행 ····································································································627
제4절 시공 및 준공 ·········································································································644
제5절 관리운영 ·················································································································659
제6절 사업위험(Risks)의 합리적 분담 ··········································································669
제7절 사업기간 만료시 처리 ··························································································698
Ⅸ. 인허가의제 ·····················································································································701
제1절 개요 ························································································································701
제2절 인허가 의제의 의의 ······························································································703
제3절 민간투자법상 인허가 의제 ···················································································707
제4절 인허가 의제제도의 문제점 및 개선방향 ····························································738
제5절 소결 ························································································································745
Ⅹ. 민간투자사업의 감독 ···································································································747
제1절 의의(공공성의 확보) ·····························································································747
제2절 법령위반 등에 대한 처분 및 부정당업자에 대한 제재 ····································748
제3절 감독ㆍ명령 및 공익을 위한 처분 ···········································································767
ⅩⅠ. 민간투자사업을 위한 지원제도····················································································297
제1절 지원제도의 개요 ····································································································792
제2절 민간투자사업과 부담금 ························································································796
제3절 조세감면 ·················································································································830
제4절 최소운영수입보장제도 ··························································································873
ⅩⅡ. 민간투자사업과 정보공개 ···························································································89
제1절 의의 및 근거법령 ··································································································899
제2절 정보공개청구의 법리 ····························································································906
제3절 민간투자사업 정보공개청구 쟁점 및 분쟁사례 ·················································908
부록
 부록-일본의 ‘민간자금 활용에 의한 공공시설 정비 촉진법’ ·······························3···2·9