지방자치단체의 경제활동

Abstract

The legal guarantees of local governments' independence is very important and there are so many legal issues on the activities of local governments. In this thesis, I will review the economic activities and subsidy expenditure of local governments. Especially, one of the fundamental issues is whether local governments can engage in economic activity. Secondly, what are the restrictions if local governments can do. Finally, I will clarify the judicial principle of the restriction on the economic activities of local governments. To this end, I reviewed the Constitution of our country, Local Autonomy Act, Local Finance Act, Local Public Company Act, Operation of local government investment agency Act as well as legal theories and cases. Furthermore, I referred the legal theory and cases of Japan and Germany which are comparatively well-developed countries on the local autonomy system. I think there are not any legal problems about the economic activity of local governments itself. But The deterioration of the local financial and redevelopment of administrative services are another problems which should be considered and solved. The permission or extent of economic activities of local governments depend on the timing and circumstances with degree of its necessity. In my opinion, the economic activities of local governments and the legal status of local governments should be recognized and excessive involvement of national government ought to be suppressed to the minimum. When local governments decide independently on the local issues for promoting the well-being of its own people, national government should pay regard to the decision of local governments.