중앙정부와 지방정부의 권한관계와 법적 과제

Abstract

This study is looking into allocations of legislative, administrative, and financial powers between the central government and local governments in priority after dividing authority relations of the former and latter into types of local autonomous rights. In Chapter 2, the study described the legislative power between the central government and local governments focusing on the existence of infringing laws by municipal ordinances, ‘theory of prior occupation by law’ and ‘theory of revised prior occupation by law’ in the reservation of laws, and excess ordinances and add ordinance matters on law-predominance according to theories and cases of Japan and Korea. Regrading to the administrative power between the central government and local governments, this study mainly dealt with transferring the central government's processing authority of affairs to local governments and abolishing agency delegated affairs, making it to legal acceptance businesses. In relation with the financial power, the study treated ‘quasi-law theory’ in which tax items and rates of local taxes could be made by easing ‘the principle of no taxation without law’ in the constitution and centering on ‘taxes other than imposed by laws’ of Japan. And Chapter 3 was composed of local government’s participating systems in national administration in which the central government and local governments made decisions by cooperating mutually after establish inter- governmental relations of governance levels. Chapter 4 described arbitrating systems of conflicts and disputes occurred by executions of the central government and local government’s authorities focusing on ‘the system of judgment on disputes of competence’ in the constitution and ‘agency lawsuit’ and ‘appeal proceedings’ in administrative litigation law. In Chapter 5 as conclusions, this study suggested the necessity of revising the constitution that oriented to decentralization so that comparable relationship of cooperation could be made between the central government and local governments together with revisions of regulations concerning on inter- relations between both agencies in local autonomy law.