특별지방자치단체 규약과 조례의 법적 쟁점과 과제

Abstract

In the fully amended 「Local Autonomy Act」, regulations on special local governments were newly added. However, there are many unclear parts in the rules, ordinances, and relationship with the constituent local governments of special local governments. Depending on whether a special local government is viewed as having the same characteristics as a local government association, a type of cooperation between local governments, or as a special type of local government, conclusions on the following issues may vary. The issues are the legal nature of the rules for establishing special local governments, the relationship with the constituent local governments, and the problem of inconsistencies between the ordinances of the special local government and the ordinances between the constituent local governments. The following is a summary of the areas that require legislative resolution. First, after the establishment of a special local government, if there is an enactment or amendment of the law on affairs under its jurisdiction, the existence of a special local government is changed. A procedure to hear the opinions of local governments should be established. Second, it is necessary to stipulate in the Local Autonomy Act on the matters that must be stipulated by the bylaws and the matters that can be stipulated by the ordinance. Third, if there is a dispute over authority related to a special local government, a means of judicial dispute should be prepared. Fourth, there should be clear regulations on whether or not special local governments that perform duties delegated by the state or higher-level local governments (city/province) can enact ordinances. Fifth, in the ordinance of a special local government, it is necessary to stipulate a transitional measure for arranging the relationship with the ordinance of the constituent local governments with respect to the affairs under the jurisdiction.