지방분권을 위한 법제적 일고찰- 「지방자치법」의 법제개선 필요사항을 중심으로 -

Abstract

Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the 「local autonomy act」, the local governments’ function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.