지방자치단체 자치권의 본질과 범위- 헌법 지방자치편 관련 -

Abstract

The autonomous powers guaranteed by Article 117(1) of the Constitution include legislative power of the local government to enact rules concerning autonomous governance, power to determine personnel management as well as remuneration and benefits for the public officials of the local government, and power to compile and execute related budgets. These autonomous powers, however, are formed and restricted by Acts passed by the Legislative Branch. Article 117(1) of the constitution clearly mentions that local governments can make rules within the limit of Acts and subordinate statutes, and Article 118(2) of the Constitution stipulates that matters pertaining to the organization and operation of local governments are to be determined by Act. Local governments also depend much on the budget from the central government of Korea. The Constitution of Korea, nevertheless, also allows the possibility to extend the autonomous powers by legislations by the National Assembly. It is desirable to stipulate legal basis for extending the scope of legislative power of the local government to enact ordinance, and for the renovations and experiments of the local government.