지방자치 기반강화를 위한 헌법개정

Abstract

Korean Constitution have only two Articles for local self-government. The constitutional text of the local government-related Article is very simple and provides few directions for lawmaker. The constitutional Guaranty for the local self-government is not sufficient. Constitutional Reform is required to strengten local self-government. In this Article are made some suggestions for constitutional reform in order to guarantee and strengthen local self-government. First, arts of local government shall be fixed in the text of constitution like some other states as Germany and Spain. second, functions of local government shall be fixed on the text of constitution. The principle of subsidiary plays very important role for the distribution of public affairs between central government and local government. Third, the power of local government shall be strengthen within the limits of law. The power of financial self-government shall be constitutionally guaranteed for the local government. Fourth, the position of residents shall be prescribed by constitution as sovereign in the area of local authority. The residents are the source of legitimacy for the power of local government. Fifth, organizations of local administration and council shall be determined with local ordinance, as far as it is not against law of the state. Sixth, the constitution shall have codes for exceptional case on Je Ju. The draft of constitutional reform is suggested in this article.