지방자치단체의 복지분야 자치입법에서 지방자율성 강화방안

Abstract

From an interpretive point of view, local autonomy in welfare sector self-government legislation can be expanded more than in the intrusive sector. As self-governing legislation, the relationship between ordinances and parliamentary laws does not compete with each other in terms of benefits, but is a mutually complementary and mutually evolving relationship. In the field of welfare, the social welfare legislation is the basic law on social security, and there are the Basic Law on Social Security, the Act on the use and provision of social security benefits, and the discovery of beneficiaries. The detailed fields include public assistance law, social insurance law, and social service law. In the case of the public assistance law and social insurance law, it should be regarded as a state task, and the financial burden should be said to be the state's responsibility in principle. On the other hand, in the field of social service, it should be regarded as a self-governing task, and in principle, the local government should be responsible for the financial burden of social service. However, it should be reviewed whether the state should regulate the national minimum standard for each welfare project, whether it is appropriate to reflect the diversity of the region, the characteristics of the person in need of a guardian, etc. Standards for universal welfare, selective welfare, in-kind benefits and welfare services should also be considered. From a legislative point of view, it is necessary to expand direct delegation from disciplinary form to ordinance, reduce the density of discipline in the scope of discipline, strengthen autonomy and elasticity, strengthen procedural consultation in the regulatory process, and introduce essential consultation on the ratio of financial sharing of entrusted affairs. It will strengthen the local autonomy of self-governing legislation. The bottom-up method of legislative revision, which immediately and constantly reflects and improves the difficulties and improvements in actual execution of local governments, must be institutionalized. In addition to strengthening autonomy, a system that strengthens accountability should be established. It is also important to strengthen self-governing legislative capacity and enforcement capacity in the welfare field of local governments. Through the utilization of public data in the era of the 4th industrial revolution, the welfare data of local governments in the welfare field will become an important source of policy feedback. Welfare has traditionally been discussed as an area where local autonomy can show its institutional strengths. However, the reality of the actual social welfare law system is mainly agency-delegated affairs, and it also stipulates most of the details in the rules of the central government. To secure national competitiveness and improve residents' welfare, local governments should be able to play a more leading and practical role in welfare affairs. The autonomy of self-governing legislation should be strengthened by welfare field, by individual statute, and by project considering financial sharing. In order to expand autonomy in the welfare sector, the legal system centered on ordinances should be improved.