전자청원의 제도적 현황과 규범적 현안

Abstract

Recently, self-governing local bodies are also handling petions electronicaly byonline system, and it is meaningful that the curent law wil utilze the electronic methodof residents' participation based on the local autonomy system that has the instiutionalcharacteristics of direct democracy. However, it should be noted that the petion righthas the basic feature that the object of the petion reaches almost al national functionsand that the petion can not bound the target instiution of the petion lawfuly. Therefore, this study intends to examine the expansion of electronic participationbased on residents' autonomy legaly as petions are reorganized from the integrationof ICT(information and communication technology) as a mechanism of communicationand participation. So is relevantly debated, focusing on diagnosing the curent status ofthe NPS(National Petion System) and the CPS(National Consent Petion System), whichare curently operating electronic petion systems, and seking ways to revitalizepetions for local administrative agencies -the head of the local government or the localcouncil- on decision-making procedures and substances. In the representative system,democracy is primarily implemented by the legislature, but more direct and sensiblemeans of participation and communication can be read in the local autonomy system through self-governing. Electronic petions for local administrative agencies are an esential system ofresidents' autonomy and are being set as a system of communication and publicdiscourse acording to open platform and participatory frame. The argument of thecontact points and suplementary measures of NPS and CPS, which are precedent, is tobe preliminary and how to organize the participatory communication of the residents'autonomy is a pending isue. That is why it is necesary to find the road to establishthe maters related to the local autonomy system such as establishment or amendmentof ordinances, residents' policy proposal, and participation budget as the core ofelectronic participation mechanism, not limited to namely e-petion(electronic petion). If the restriction of constiutional and legal petion rights is interpreted as an example,the petion for local administrative agencies can be embodied as the exercise of thepetion rights under the ordinance, and through this, the participation governance on theautonomous agenda wil be formed and the electronic operation of the residents'autonomy wil be realized. Basicaly, it may be argued that the enactment of ordinances on the grounds andproces is not necesary because these ordinances are profitable promoting human rights. But e-petion contents should contained in self-governing norms as the nature relatedto the rights of residents. And more by delegation of legal power should be prescribedin restrictions on participation, deletion of opinions and disaproval of aceptance. Thisis why it is necesary to reconsider the legal and instiutional status consequently.