지방의회의 입법지원기구 설치에 대한 제도적 논쟁: 필요성, 법적 제약, 국회를 통한 법적 근거 마련의 실패

Abstract

This study begins with three questions related to local councils. First, why does the local councils continue to attempt to establish independent legislative support organizations? Second, what are the legal obstacles that make it difficult for local councils to establish an independent supporting organization under its local councils? Third, even though legislation containing provisions for legislative supporting organizations is continuously proposed to the National Assembly, why does it fail to become laws? This study provides answers to the questions through a careful review of the Seoul Metropolitan Council’s effort, laws, and previous legislation process related to this issue. First, despite criticism about local legislators’ demand for recruitment of personal staff, this study argues that it is a situation requiring specialized supporting personnel in accordance with the workload increase and establish itself as a’ law-making’ council. Second, examining the relevant provisions of the current local autonomy law and related government acts that have been a stumbling block to the local council’s successive attempts, this study claims that the inconsistencies of the laws have frustrated the establishment of an independent council supporting body. Third, the local council needed a legal basis to establish a separate supporting organization, but failed to create it. Although several bills were proposed in the 20th National Assembly, they were not even introduced to the plenary session. It is because of the central government’s opposition and a precedent in which the Judicial Council rejected the same bill in the 19th National Assembly. Also, this study points out that since the local autonomy law itself has a variety of interests and conflicts, the passage of amendments was not easy to pass in the national assembly compared to other laws.