자치법규 사전입법영향분석 사례연구- 주민자치회 표준조례를 중심으로 -

Abstract

In accordance with the delegation from Articles 27 to 29 of the Decentralization Act, local governments stipulate by ordinance on the composition of local residents' associations in Eup, Myeon and Dong. Currently, in Korea, there are 3,501 Eup-Myeon-Dongs in 260 Si-Gun-Gu, of which, about 136 Si-Gun-Gu 1,013 Eup-Myeon-Dongs are conducting a pilot trial. In Korea, the Residents' Autonomy Committee was introduced and operated in 1999. However, in 2010, the Special Act on Reorganization of Local Administrative Systems was enacted to supplement the problems of the Residents' Autonomy Committee and to expand its roles and functions, and the Residents' Association was established as an voluntary organization. In addition, the Ministry of Public Administration and Security has selected 31 pilot regions since 2013, and on June 20 of that year, “Revision (draft) of Ordinances on Demonstration Implementation, Installation and Operation of Residents’ Associations” was provided to support local governments. In addition, efforts were made to revitalize the residents' association by strengthening the functions and authority of the residents' autonomous association, enhancing the representativeness of the residents' autonomous committee, and strengthening administrative and financial support. The Ministry of Public Administration and Security supports local governments by providing the standard ordinance draft for the residents' associations, and each local government is using the standard ordinance draft by appropriately modifying it to fit their region. As of September 2022, 171 municipalities have enacted ordinances on the establishment of local residents' associations, and 43 municipalities have enacted and operated enforcement rules for the ordinance. However, most local governments refer to the standard ordinance of the Ministry of the Interior and Safety and amend and enact the standard ordinance to suit local circumstances. They are reflected and used as they are. In most cities, counties, and districts, even if they have been operated as residents' autonomous committees or converted to residents' autonomous groups, they are still in the pilot implementation situation, and the full-scale practice of residents' autonomous associations has recently spread to a number of cities, towns and districts. The pre-legislative impact analysis on the standard ordinance of the residents' association provided by the Ministry of Public Administration and Security should be conducted so that each local government can serve as a reference material for enacting and revising the residents' association ordinance.