지방자치와 한국헌법의 과제

Abstract

Constitutional provisions on the local autonomy could be said as being operated as basic principles of constitution exceeding guarantee effects of prohibiting the local autonomy’s abolition passively when considering about the autonomy’s functions of democracy and division of powers having been executed in modern democratic nations. Thus, centralized national structures are getting from requests of having to be conversed into decentralized ones in the paradigm. Article 117 and 118 contents of current constitution was decided through constitutional revisions in December 26, 1962 when was much earlier than real executions of the local autonomy system, and it is difficult to see it as reflecting the recognition like national structure’s principles in constitutional dimensions based on power’s divisions. So, constitutional revisions for strengthening the local autonomy have become current political issues nowadays. If arranging tasks of our constitution for strengthening the local autonomy centering on discussions of constitutional amendments having been processed at now. it is same as followings. First, it is required to regulate the local autonomy and ideology of power’s divisions to the preamble of constitution, and general provisions so as to declare a fact that the local autonomy is being operated as constitutional principles by exceeding passive guarantees institutionally. Second, though there are assertions such like kinds and hierarchical structures of the local autonomous entity have to be specified to constitution, but prudent reviews on it are necessary. It could be proper same as current situations in that there are questions whether it is related to constitutional matters, and necessary cases of merger and abolitions at the local autonomous entity could be occurred. Third, principles of full power, own sense of responsibility, and supplement that are key contents of institutional guarantees to the local autonomy shall be specified in constitution. The reason is that it is required from respects of suggesting such legislating standards from constitution such like which cases can be regulated to national affairs instead of the local autonomous entity when lawmakers indicate specific affairs. As organ mandate affairs shall be abolished because it is contrary to the ideology of local autonomy, and alternative means have to be devised. Fourth, in order to ensure effectiveness of autonomous laws, ‘within laws and ordinances’in current constitution and local autonomy laws has to be revised to ‘within laws,’ and it is required to enable matters on residents right’s limitation and obligatory to be decided by ordinances by deleting Article 22 proviso at local autonomy laws. Fifth, it is admirable to endow tax legislating rights to the local autonomous entities through constitutional revisions in order to do successful completion of the local autonomy. Merely, careful considerations are necessary from respects that such constitutional revisions could cause great changes in tax system and national financial system wholly. Sixth, in order to guarantee autonomy of local autonomous entities, national audit has to be unified, and purpose-fitting controls on autonomous from audit the Board of Audit and Inspection shall not be permitted. In case of administrative appeals, examining and adjudicating on injustice of autonomous affairs are contrary to protecting spirits of autonomous rights, and thus administrative appeals act has to be revised to the direction of not allowing it. Seventh, participations of local autonomous entities to national administration are necessary for maintaining mutual cooperative relations between nation and local autonomous entities. Merely, careful reviews are needed in introducing the senate system in which local autonomous entities are composed of local representatives because it changes parliament’s configurations basically, and a right to introduce a bill to the house from local government councils in that total national representation to the councils is difficult to be accepted. In relation with deliberating laws to which interests of local autonomous entities are hanged, institutional devises such as notification to the relevant autonomous entity, opportunity endowment of suggesting opinions, and notices of deliberation’s results etc shall be arranged.