국회에 의한 지방자치단체 국정감사 범위의 합리적 조정방향

Abstract

There are many problems of inspections to local government, particularly annual inspection to local government conducted by the National Assembly for twenty days from the day after the commencement of the regular session. This study attempts to develop a reasonable improvement for the scope of the inspection authority of the National Assembly. (1) The inspection of government offices by the National Assembly is limited to the state affairs executed by both the local governments and their affiliations and is not extended to the local (autonomous) affairs. (2) The common affairs co-conducted by both national and local government should be judged by the nature (essential contents) of affairs. That is, delegated state affairs are subject to inspection by the National Assembly but local affairs are not. (3) While there is an argument that local affairs financially supported by the national government should be legally subject to inspection by the National Assembly, we think that is unfounded because local affairs are being carried out in view of locality. Regardless of financial support, local affairs should not be subject to the National Assembly's inspection Again, that is not desirable in view of overlapped inspection by various governments. (4) It is, furthermore, not desirable for the National Assembly to inspect the whole state affairs carried out by local governments and their affiliations. The National Assembly's inspection of state affairs should be done reasonably without overlapping with other institutions such as local residents, local councils, internal inspection units, ministers, and the Board of Audit and Inspection that can control local governments' implementation of state affairs.