특별지방자치단체 개념에 대한 소고

Abstract

On this paper, we hope to have a discussion with skepticism about the concept of special local governments under the Local Autonomy Act. In a way, it can be seen as a different bet on legal justice that has already been discussed and institutionalized, but the definition of a system or concept can guarantee its operation and performance, so we will leave questions that have not been noted. Our legislator newly designed the establishment of a special local government that conducts efficient and competitive metropolitan administration. From the perspective of consolation in response to the disappearance and examination of local governments, the emergence of cooperatives created by the participation of local governments can predict changes in the authority, affairs and autonomy of local governments. The established special local government approved by the Ministry of Interioe ans Safety is a balanced development strategy led by the regional authority(Busan· Ulsan·GyeongNam) ultra-wide cooperation and a transitional state prior to the emergence of local governments conducting wide-area administration. However, despite mentioning the concreteization of its existence over the past 20 years on what a special local government is, normative discussions and reviews on this have been insufficient. Regarding the unique(sui generis) characteristics distinguished from general local governments, the category of general local governments and other local governments will be recognized only when there is concern about the uniqueness of the function performed by the newly produced concept. Whether to maintain the current concept of special local governments is also an appropriate solution to end unnecessary debate through other special legislative methods for cooperation of local governments instead of the concept of special local governments, which is reminiscent of the meaning of symmetry with general local governments.