지방분권개헌과 주민자치권

Abstract

This study’ purpose is to analysis the cause why residents’s autonomy is perfunctory and controlled by bureaucracy although it has been introduced during 28 year. In the future, how does the Korean system of residents’s autonomy redesign on the orthodox theory? This study propose the real residents’s autonomy system and method to reform the current residents’s autonomy structure by the constitutional amendment and revision of local autonomy law. The right of autonomy is constituted of inclusiveness and independence and should be institutionalized on the residents sovereignty ideas. The system of residents’s autonomy should prepare the design of livelihood autonomy, namely neighborhood autonomy and district self-government. The current constitution and local law has been designed on the ideas of group autonomy and as a result, we can not find out the ideas of residents sovereignty. The suggestion of National Assembly’s special committee specify the residents sovereignty and introduce the autonomy of town meeting system. But the suggestion of the President’s constitution amendment does not include the ideas and method of the residents sovereignty. To innovate the current situation of non–residents-sovereignty, the new proposal of constitution amendment could contain the cause of residents sovereignty and vitalize and scale up the self-governing institution. The democracy’s method is not only the representative system and should combine the town meeting system. For the innovation of the residents sovereignty, the scale and tier of autonomy should design on the upward communication system.