지방자치법제의 쟁점과 전망

Abstract

The local autonomous legal system has gone through a eye-opening change for last 17 years. With reestablishing the Local Government Act, there are many discussions and legislative proposals to realize substantially a local autonomy in the trend of decentralism. However it is true that many problems remains unsolvable still. Because it is impossible to deal with every issue in the local autonomous legal system, the scope of study is limited to the issue of the authority distribution, the supervision and resident participation from a point of view to adjust relation between central government and local government. First, the issue of the authority distribution is a precondition to change controlled relation to cooperative relation between central government and local government. However it is difficult to classify delegated authority and autonomous authority under the Local Government Act. It is due to the reason that principle and criterion of authority distribution is obscure. Accordingly this study suggests to state it clearly and to apply it to individual laws and ordinances. Second, the supervision of the central government includes possibility of infringement on autonomy of the local government. This study suggests to improve laws and ordinances related to the Local Government Act to solve it. Third, with the legal system concerning residents participation this study reviews residents votes system, residents request for audit and inspection system, and residents recall system and so on. Consequently, this study estimates academic efforts and legislative outcomes to realize a local autonomy for last 17 years and recommends to reconsider fundamentally and comprehensively essence of it.