지방자치단체의 복지사무 수행과 지방재정

Abstract

It is certain that local decentralization, including welfare decentralization, corresponds with constitutional value, thus should be pursued. However, despite this normative requirement, welfare decentralization is faced with a lot of challenges and criticisms, which arise from the problems of current classification system of public affairs, the absence of specific and reasonable standard for welfare decentralization, and the financial capacity of local government for the conduct of welfare affairs, and so on. To resolve these problems, therefore, it is required to review critically on the fundamental issues including the allocation standard of public affairs between central government and local government, financing methods for the public affairs of local government, and so on. This study starts from such critical mind that there has to be a systematic approach about the allocation issue of welfare affairs between central government and local government and also the financing issue of welfare affairs, which are being discussed in terms of local decentralization. Consisting of three parts, first, the study examines present allocation situation of welfare affairs to local government, and problems and improvements of it in light of the classification system of public affairs under the current law. In particular, it argues that there should be a specific and reasonable standard for the welfare decentralization and a consideration on the financing for the implementation of welfare affairs. Second, the study examines present financial condition of local government for conducting welfare affairs and problems and improvements of it under the current law as well. Especially, it points out the implementation problems and limitations of welfare affairs through the intergovernmental fiscal coordination system and stresses the importance of financing through the independent revenue sources. Finally, the study further analyzes such welfare decentralization trend by relating it to the introduction issue of legally delegated administrative affairs under the revised bill of local autonomy law mooring at the National Assembly. It argues that legally delegated administrative affairs need to be applied with flexibility in classifying welfare affairs compared to other kinds of affairs, provided that the legally delegated administrative affairs, which are somewhat under lots of criticisms as of now, undergo successful improvements and the introduction of them is accepted into the local autonomy law. By considering these issues, this study contributes to develop former discussions about the conduct of welfare affairs of local government, leading to find fundamental problems and effective improvements of it.