중앙정부와 지방자치단체 간 협력제도의 법적 과제

Abstract

Ensuring the participation and cooperation of local governments in central legislative and policy processes affecting local autonomy is an essential prerequisite for the efficiency of state administration, integration of the state as a whole, and the practical implementation of the local autonomy system. However, the relationship between the state and local governments has been institutionalized mainly as a matter of involvement and supervision of the state's local governments, and the number of cases of conflict between the central government and local governments continues to increase. Based on this awareness of the problem, this paper examines the current status of the central and local cooperation system and related legislative discussions, and presents future directions and tasks. As for the current cooperation system, the committee system of the central government, the national consultative council system of local government heads, etc., general opinion submission procedures, consultation procedures under individual laws, and dispute resolution systems were examined. In addition, for the discussion of related legislation, the contents of the 2018 Presidential bill for constitutional amendment, all amendments to the Local Autonomy Act currently submitted to the National Assembly, and the bill on the composition and operation of the Central Local Cooperation Council were reviewed. In establishing a central and local cooperation system, it is necessary to review the problems and limitations of the current system to compensate for the gap and prevent duplication, and a new cooperation system must be prepared in consideration of these points. In addition, it would be desirable for the system to be designed to enable local participation and cooperation in the entire process of legislation and policies on local autonomy. In addition, it is necessary to consider the subject of the cooperation system as important, and it is necessary to make the composition suitable for the purpose of the individual system, but it is important that the participation and cooperation of the basic local governments are sufficiently guaranteed. In particular, it is necessary not to overlook the will and authority of the basic local government in relation to the regional local government.