자치단체 경계조정에 관한 고찰

Abstract

The unreasonable jurisdiction of local governments sometimes results in inconvenience for residents and inefficient administration. This is the reason to set a boundary between local governments reasonably. The problem is that the boundary adjustments is not easy. The boundary adjustments should take prudent manner in accordance with the legitimacy and the democratic process from the standpoint of public welfare, should not violate constitutional principles such as principle of democracy, social state and proportionality, and should carefully follow a procedure in laws. There are some laws in force related to boundary adjustments such as “Local Autonomy Act”, “Special Act on Decentralization and Reorganization of Local Administrative System” and “Residents Voting Act”. But legislation has require maintenance, because there are no laws generally to regulate boundary adjustments between local governments. In the respect of comparative law, Germany, Japan and the United States have laws on boundary of local governments(zone change), but they don’t have general acts for it like us. In order to modify the legal system on boundary adjustments among local governments, maintenance plans for laws related to boundary by incorporating framework provisions into existing acts like “Local Autonomy Act” and by making new laws has been reviewed. They has come to conclusion that they should move on to modify the “Local Autonomy Act”. And the conclusion has focused on including provisions about principles and standards of border adjustments among local governments, considerations, objects, procedure for boundary adjustments, council's operations and compensation etc. in new laws.