지방자치단체에 대한 국가의 감독과 통제

Abstract

Administration of local governments can be approved within the scope of a national legal system. Therefore, a violation of the national legal system by a local government has to be controlled under the supervision of the central government. The supervision or control of the central government are required for many reasons. For example, it is needed to make up for the weak points in current internal audit systems of local governments. The issue of this paper is related to the two points, the target and the limit of the supervision or control of the central government. Firstly, there is one question on the possibility of the central government's control to an administration of a local government pursuant to the purpose of laws without any specific provision. The Local Autonomy Act provided that the central government and local governments basically associate on an equal footing. It also provides that the Minister of Public Administration and Security, Provincial Governors and Metropolitan City Mayors may audit, revoke or suspend the autonomous affairs in cases where a local government violates any provisions of laws. In practice, however, the central government sometimes tries to involve in administrations of local governments without the considerations of the violations. Therefore, the target of the supervision must be specified by the provisions of laws. Secondly, there is another issue of this paper on the right and the limit of the supervision to local governments. Even if the central government may have the rights, the requirements should be limited to the minimum scope. The limitation can be made by the provisions of the related laws. Furthermore, it is needed to make sure a principle regarding the limitations. For example, the supervision or control of the central government should be done after the self-inspection of local governments.