독일주지사협의회를 통해 본 지방자치법 제165조의 전국시도지사협의회

Abstract

Separation of powers is a political doctrine urging three separate branches of government to prevent the abuse of power abd to check each other in the scope of Constitution. In other words this separation of power is essential to ensure the constitutional value, fundamental rights by a system of checks and balances. However, due to the rapid changes of international and domestic circumstances, it is questionable that the principle of separation of power is to be concerned with only the vertical separation of power. In particular, we are able to the principle of separation of power placing emphasis on the relation with inter-institutional relations. This is to be called the horizontal separation of power. The Governors’ Association of Korea consists of governors of metropolitan local autonomous entities in the country. It was established in Jan. 1999 based on Article 165 of Local government law. The GAOK aims to contribute to the balanced development of regions and the goal of appropriate local autonomy through promotion of exchanges and cooperation between local administrative units and discussion about matters of common interests. Prime Minister Conference have been organized and are being operated in German as well similar to us, especially central and local governments plan the cooperation and the problem solution as the mutually equal partner of government administration. Constitutional law and Local government law give a guarantee of the power of autonomous legislation of local governments, but the possibility of autonomous legislation of local government are confined to narrow limits. Under the Article 165 of the Local government law, the local government can submit the opinion for the laws and regulations directly effecting on the local self-government to Ministry of Public Administration and Security in our country, the participation of local self-government in the government administration is guaranteed legally and institutionally by regulating that the Local Government can submit its opinion to the National Assembly in case the legislation, the revision or abrogation of law in relation to the local self-government. However, the participation in the government administration of local self-government is considerably restrictive since the participation in the government administration according to the Local government law is limited to simple submission of opinion and the reflection or not has no legal binding force. In order to settle these problems, the revision of Local government law of Article 165 is needed. This study introduces the major contents of law of German that our country does not have, is proposing the part capable of introducing to our country after analyzing its merit and demerit.