지방자치단체 상호간의 관계와 자치법제 이력의 변화와 발전(下)

Abstract

Articles 117 and 118 of the current Korean Constitution, which were amended in 1987, comprehensively delegate its important contents to the Local Autonomy Act. The Local Autonomy Act was enacted on 4 July 1949 and has been amended in a total of 61 cases. This Act consists of 12 chapters and 175 articles of condolence. Matters concerning the "relationship between local governments" shall be mainly prescribed in Chapter 8 of this Act. The contents may be largely classified into regulations on cooperative relations between local governments and regulations on conflicts between local governments. The discipline of the Local Autonomy Act on the conflict between local governments shall presuppose disputes between local governments. The provisions of the Local Autonomy Act on the conflict between local governments shall be centered on a dispute resolution organization called the Local Government Dispute Mediation Committee. Chapter 1 of this Act prescribes the contents of the "border(line) change" between local governments on the premise of the type of local governments. The contents of Articles 8-1 (Articles 165 to 167) of the general statutes concerning the mediation of disputes of local governments may be virtually complete. However, the 61st revision of the law in 2020 is being established as a new type of local government, called ,,Specific Local Government“. Conflicts and disputes between local governments are now subject to various relationships, including special local governments, beyond macro and micro local governments. The relationship between local governments is not a top-down relationship, i.e. an administrative organization law, but an equal and horizontal relationship and an external relationship between the entities. Therefore, dispute settlement between local governments should not be defined just like in internal relations of administrative organizations. The results of dispute settlement shall be determined by a resolution of the Local Government Dispute Mediation Committee, not by the Local Government. And this should be an eventual administrative last decision. Therefore, if local governments do not comply, they can be able to solve the problem in court through organ litigation.