자치단체통합에 대한 주민의사 결정 권한의 한계에 관한 연구

Abstract

Since 2009 the unities among local communities, which govern a region without being controlled by the government, have been doing actively both by the government and local communities. But even though the unification is still discussed, it is delayed. It is because making inhabitants involved in decision making is excluded. Fundamental factors of local autonomy are residents ,communities, and regions. Local autonomy is composed and has its final right of decision by its residents. It means that every power of local autonomy comes from its residents. In spite of the fact, Local Autonomy Law does not have forceful regulations on decision-making of residents. It rather has temporary regulations on that, so the integrations of autonomous communities are possible without decisions of residents only with local congress and law. It brings about some problems hindering the right of decision-making of residents on which local autonomy bases. This study analyzed what does the residential decision-making on the unity of autonomous communities mean in the present law, and it also reviewed Local Autonomous Law and Resident Vote Law to analyze possible problems that could be caused when autonomous communities integrated while not reflecting residential opinions. The final decision of local autonomy is placed on the right to vote by resident. Only when autonomous communities are unified by the proper process above, it is possible to get consitutional institutional guarantees which are needed to unify autonomous communities.