지방자치법 전부개정에 따른 자치입법권의 범위에 관한 검토

Abstract

The purpose and content of this paper is to review the scope of the changed legislative power of local government based on the Amendment of the Local Autonomy Act, which is set to take effect in January 2022, and to present measures to substantially guarantee and expand it. Various changes have been made to local governments' autonomous legislative power through the full revision of the Local Autonomy Act, allowing ordinances to be enacted “within the scope of laws”, restricting or directly stipulating the contents of delegation in subordinate statutes, and allowing residents to submit opinions on the legislation. In addition, policy support experts were allowed to be placed in local councils to strengthen the capacity of local councils as a content that could affect the strengthening of autonomous legislative power, and the basis for the establishment of the Central Regional Cooperation Council was established. Based on these revisions to the Local Autonomy Act, this paper reviewed the scope of legislative power of local government and suggested ways to expand it. Regarding the scope of autonomous legislative power, the relationship between legislative power of local ordinance and precedence of statutes, statutory reservation and subordinate statutes and ordinances of the central government was examined. In addition, as a matter of residents' participation in the autonomous legislative process, residents' ordinance initiative was reviewed. The expansion of legislative power of local government is linked to various aspects of local autonomy, and fundamentally, it is necessary to realize the core contents of local autonomy and the environment of local autonomy, such as the expansion of local government affairs, equal relations, and active participation of residents.