지방자치단체 자치인사권의 현실적 범위와 한계에 관한 연구 - 기초자치단체 사례를 중심으로 -

Abstract

The authority over the organization and personnel of local governments is a representative means of achieving goals in local governments and is a major prerequisite for strengthening local autonomy. Nevertheless, the academic and government interest in autonomous personnel rights is relatively very low compared to autonomous organization rights. This study discussed the independent meaning of autonomous personnel rights as distinct from autonomous organization rights as a requirement for the realization of substantive local autonomy, and the limitations of autonomous personnel rights due to restrictions by higher-level laws and regulations. Various laws and practical guidelines governing the personnel administration of local governments, such as “Personnel Practice Guideline for Local Civil Servant,” substantially limit the scope of autonomous personnel rights, and as a result, the autonomous personnel rights that local governments deal with through autonomous laws. It was confirmed that the use of the autonomous laws is limited only to setting standards for the service management of public officials and suggesting means for improving their rights protection and welfare among various areas of personnel administration. Based on these analysis results, this study identified the independent meaning of autonomous personnel rights and reexamined the justification for expanding autonomous personnel rights as a prerequisite for the realization of local autonomy in reality.