중앙과 지방, 단체장과 지방의회 간 입법갈등: 서울시 조례안에 대한 재의·제소 사례를 중심으로

Abstract

For this study, the analysis was conducted regarding the details and the tendency of the legislative conflict between central and local government as well as between the head of local government and the local council by focusing on the 49 cases which were requested to be reconsidered and the 13 cases which were appealed to the Supreme Court among the total 2,945 bills which had been passed from the 3rd to the 8th Seoul Metropolitan Council. The analysis results are as follows: First, requests for reconsideration and appeal are increasingly made by the head of local government rather than a relevant Minister in recent years, causing growing tension between the head of local government and the local council rather than between central and local government. Especially, with the advent of the popularly elected 5th government where the mayor was not affiliated with a majority party in the Council, a new type of legislative conflicts occurred. Second, more requests for reconsideration and appeal were made for the bills proposed by councilors than the bills submitted by the heads of local government as well as for revised ordinances than enacted ordinances; the biggest reason for the requests was ordinance violation. Third, contents of the challenged bills were mostly about the executive branch, not many were about council; however, considering that the number of ordinances related to council are very small in the first place, the proportion was very high. The ordinances calling for the independence of the authority over personnel affairs and introduction of the policy aide system in the Council were repeatedly submitted for reconsideration or appeal. Without any action in legal dimension, the legislative conflicts surrounding the above issues are likely to continue. Fourth, among the 13 ordinances which were appealed to the Supreme Court, the 10 cases except for the 3 dropped cases were declared null and void, so that it is necessary to clearly recognize the scope and the limit of the legislative authority of local government.