지방분권 개헌 관련 일반자치제와 특별자치제의 관계 - 제주특별자치제의 법적 한계를 중심으로 -

Abstract

With the historical experience of Korea, they have been accustomed to system of central government, so the local governance has been recognized negatively rather than normally in terms of ontology. But, orientation of normal direction by normativization of the constitution is very important task rather than the ontological view which can’t provide any direction to lead local governance practically. Today, the value of local governance lies in the modern implementation of democracy and separation of powers, and improvement of the guarantee of basic rights of residents. Basically, the state and municipalities should be based on equal partnership rather than confrontation or subordination. It is necessary to clarify the constitutional policy for the future-oriented and proactive implementation and growth of local autonomies from the constitutional point of view beyond institutional guarantee. Nevertheless, the current Constitution of the Republic of Korea is evaluated that is insufficient to guarantee real local autonomies, and limits the legislative power of local autonomies excessively, because it delegates and reserves to make concrete contents of local autonomies by laws. This is no exception to the case of the Jeju Special Self-governing Province, which has a special municipality system. I think that this problem can only be solved through decentralization-oriented amendments of Constitution substantially. The proposed contents to be reflected in the decentralized constitution are as follows: ① principle of the decentralized state ② types of municipalities ③ organizational sovereignty of the municipalities ④ criteria for the distribution of work between the state and municipalities ⑤ distribution of legislative power between state and municipalities ⑥ imposition of rights, duties and sanctions by ordinance ⑧ guarantee of taxational sovereignty ⑨ financial adjustment system between the state and municipalities ⑩ participation of municipalities in the legislative process or the quasi-Senate ⑪ remedy system against infringement of local autonomy ⑫ regulations on Jeju Special Self-governing Province.