국가권력의 수직적 분권을 위한 헌법개정안 연구

Abstract

This study analyses the main problems caused by the centralized unitary state powers in Korea. First, sticking to the centralized system of state powers discourages the local legislative willingness of local government. Second, this centralization also blurs the boundary of functional division and responsibilities between local and central government, which in turn diminishes the competitiveness of public sector as a whole. Third, it makes national fiscal distribution system unbalanced at the expense of local government. forth, the centralized political system prevents the representatives of local government from participating in the process of policy decision-making at national level. Fifth, this centralist tendency will not alleviate the national supervision power over local government. To solve the problem aforementioned, we must make profound consideration of the constitutional revision for guaranteeing the real political, legislative and fiscal decentralization. And this study, for the purpose of furthering the political devolution, proposes five alternatives reforming the Constitution as follows : division of legislative powers monopolized in National Assembly into the hands of the representatives of local government, distribution of the responsibility between local and central government in favour of the former, equilibrium of central-local fiscal system, readjustment of national control system over local authorities, formalization of local representatives participation in national decision-making process. The draft of the propositions issued in this research is certainly needed to be complemented by the scholars' critical review.