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지방분권특별법 및 국가균형발전특별법에 대한 비판적 검토

The Critical Examination on Special Act on Decentralization and Special Act on Balanced National Development

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Abstract

This study explores the problems on the Special Act on Decentralization (2004.1.16. Law No. 07060 act) and the Special Act on the Balanced National Development(2004.1.16. Law No. 07061 act) performed as an important legal basis in propelling Decentralization, which is now proceeding and will have been developed. In other words, the objective of this paper is placed on a small contribution to the solution of domestic argument and conflicts involved in the methods, time, and applied areas in propelling Decentralization.In this point of view, the study is made up as follows: Chapter 1 examines the constitutional notion of Decentralization through the concept and definition of Decentralization. Chapter 2 investigates the problems and the improvements on the Special Act on the Decentralization being carried out. Especially here, this study reviews the Special Act on the Decentralization comprehensively, and then critically examines the thesis by Prof. Lee, Kwang-Yoon (Sungkyunkwan Univ.). Finally, chapter 3 points out the comprehensive problems on the Special Act on Balanced National Development through the law theory-based analysis. Therefore, the ultimate goals of Decentralization to be propelled through the legislation of the two laws are to build up the nation's competitive edge through the system of nation's power division and Deconcentration and to keep all the people's human lives forever.

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