일본 지방자치단체의 자치조직권에 관한 최근 동향과 시사점

Abstract

In the past, I have considered the right to self-governing organization under the Japanese Local Autonomy Act. At that time, I pointed that Japan, like us, had strictly controlled the autonomy of Local Governments by law, but revised the Local Autonomy Act and widely recognized the autonomy right amid the active interpretation of Local Governments' autonomy and Decentralization. In other words, I pointed out the change from “self-governing organization right by law” to “self-governing organization right by ordinance.” In conclusion, it emphasized the revision of the Korean Local Autonomy Act and the abolition of the Presidential Decree, “rules on Administrative Organizations and Qualification Standards of Local Governments.” It has been 10 years since I made the above arguments. Although the government's Decentralization reform has continued, there is no direct change in the legislation on the right to self-governing organization. The conclusion of this paper is also not much different from the arguments at the time. As can be seen from this paper, the reform process of Japan's autonomous organization rights gives us the following implications. First, it is necessary to organize the delegated affairs (especially the delegated affairs of central administrative agencies to Local Governments). In 2000, Japan reformed the institutional delegation affairs, rapidly expanding its autonomous organizational rights. Second, it is a practical guarantee of Local Autonomy guaranteed by the Constitution. For this, the status of Local Governments' Ordinances must be raised. It is necessary to significantly improve the scope of enactment of the ordinance. Autonomous Organizational Rights are self-regulatory rights recognized by the Constitution in both Japan and Korea. Autonomous Organizational Rights are an essential element of autonomy. Therefore, the right to form an internal organization under the ordinance should be recognized, except for essential matters that must be stipulated by national statutes based on the principle of supplementation. Third, the Special Administrative Agencies should be actively reviewed along with the abolition of the delegated affairs. The era of national welfare security by the leading role and function of the state is passing. Living in the AI and digital era and living in the uncertain present, which is always facing the challenges of global infectious diseases, we must boldly break away from the ideas of the past. Administration on national law based is difficult to faithfully implement the citizen's welfare. It should now be changed to Local Government-centered administration. The most basic thing at that time is the guarantee of Autonomous Organizational Rights.