초광역권에서 메가리전으로의 전환 가능성에 관한 공법적 검토 -서울-부산 간 단일 경제생활권 구축을 위한 시험적 고찰-

Abstract

This study examines the potential for establishing a Seoul-Busan single mega-region as a new national development paradigm, overcoming the limitations of existing ultra-regional policies. It identifies the ineffectiveness of previous national balanced development policies as stemming from the inherent limitations of the concept of ‘balance’ itself. Instead, it argues for a new administrative system that supports urbanization, recognizing it as a natural spatial development process grounded in urban system theory. The main issues in the current legal system include: First, the rigid administrative structure centered on administrative districts, from local to metropolitan government units, which hinders the introduction of new administrative units like mega-regions. Specifically, Article 5 of the Local Autonomy Act requires that the jurisdiction of local governments be established and modified by law, making administrative boundary integration highly restricted. Second, laws related to regional administration are dispersed across multiple ministries and laws, such as the Framework Act on National Territory, Capital Region Maintenance Planning Act, and Local Autonomy Decentralization and Balanced Development Act, making integrated policy implementation difficult. This fragmentation presents a significant obstacle to the establishment of a mega-region, which requires collaboration across fields such as transportation, industry, and the environment. Third, the special local government system, introduced with the 2022 full amendment of the Local Autonomy Act, struggles to implement regional governance effectively due to challenges in securing financial resources, limited authority, and operational constraints. Lastly, there is no legal mechanism that enables integrated decision-making at the mega-regional level without compromising the autonomy of local governments. To address these challenges, this study proposes the enactment of a special law for the establishment of a Seoul-Busan mega-region. The special law would comprehensively outline the development system, governance structure, and financial support necessary for the efficient establishment and operation of the mega-region. Additionally, differentiated amendments to the Framework Act on National Territory, the Local Autonomy Decentralization and Balanced Development Act, and the Capital Region Maintenance Planning Act are proposed depending on whether the special law is enacted. Through these measures, the study aims to provide the legal foundation for making the mega-region strategy a practical and new paradigm for national development. This study is significant in that it proposes a new national development strategy centered on the Seoul-Busan mega-region and offers specific legal and institutional measures to realize it. It highlights the necessity of developing growth axes instead of fragmented regional units and systematically reviews the legal basis required to support this, providing a new direction for future national development policies.