한국･독일 비교를 통한 인구규모에 따른 자치권배분논의와 지방의회운영･지원방안 개선에 관한 연구

Abstract

Local autonomy is being implemented after the revision of the Local Autonomy Act in 1988 and the local elections in 1995, but the level of local autonomy is not satisfactory. Since the local autonomy system is not unique to Korea, it has been forced to refer to foreign institutions. But in the last three decades, with no changes in foreign and our laws, these studies have reached self-replicating levels. In the meantime, the revision of the Local Autonomy Act only fine-tunes the problems exposed without changes in the big framework, except for the participation of residents. This paper begins by pointing out that the main contents of the 2019 Local Autonomy Amendment Bill were the existing content that had been discussed long before but had not been passed by the National Assembly. The simple introduction of the foreign local administrative law clauses mentioned in the revision bill without understanding the premise has less implications. The main content of this paper is divided into three categories. The first is the different division of authority according to the size differences among the local governments in Korea. Allocating of Affairs among local governments according to population deviation should be based on consideration of the role of Metropolitan City and Do. If Korea were to adopt the principle of subsidiarity in field of gemeinde in Germany, the authority of local governments would always be subordinate to the central government. A clear allocation of authority by the state and Metropolitan City and Do will be required to meet the diversity of local governments. The second area is on the operation and support of local councils. Although it is said that the formation of local governments can be decided differently depending on the referendum, it could have distorted results in local autonomous governments with low participation. It is too early to expand the number of local council members or to secure the number of individual support personnel for local council members. The priority is to ensure the integrity of local council members and to enhance their ability. Third, the information related to local governments should be disclosed to the entire nation, not limited to the area, and the participation of residents should be monitored. In addition, it is necessary to devise a system that can communicate opinions to local councils as it(for example Yi-zang) can serve as a unit under Eub, Myeon. Local law scholars dream of the local autonomy law and its operation suitable for the reality of Korea. To do so, it will have to pay more attention to the disclosed information and try to present alternatives to the practical problems of each of the local governments.