조례제정권 범위에 관한 인식변화 추이 연구

Abstract

In order to establish the authority of local government system, improvement on the system or the legal system is necessary. The local ordinance regards the regional characteristics of the local governments so that the district could run a flexible administration considering its realities. In other words the regulations acts as the foundation and guideline of the self-administrations. For this reason, the common opinion of the researchers and specialists are that to expand the range of legislative power of local ordinance especially, is in serious need for improvement. From numerous issues concerning the to expand the range of legislative power of local ordinance, four main points were selected for this thesis. Then they were observed for the past 10 years(1999-2008) for changes in cognitive development. Firstly, the majority agreed that regarding the “legal status of local ordinance“, the regulations should not only be seen as administrative legislation but in equality to law or subordinate to law but higher than a statute but when looking at the survey results the numbers show a 8.9% decrease in 2008. Secondly, 53% agreed that the principle of general legal-ordinance should be applied to the “assessment on Local Government Act Article 22, proviso article deleted” so it could be said that the majority still are against the proviso article deletion of Local Government Act Article 22. Thirdly, on the issue of “Assessment on local ordinance’s criminal penalty restriction”, most of the specialists acknowledged that as a method to secure regulation validation, the boundaries of penalty legislation should be extended. In other words, in 1999, more than half(59.1%) opposed the boundary extension of penalty legislation. But in 2008 62.5%, a rather large increase than in the past, said that types and limitations should be set and within that boundary as a regulation law it should be able to legislate penalty regulations. Lastly, regarding the “local tax regulation principle assessment”, the majority agreed that it should be set on regulation so that each district could adjust details or assessment standards according to its own circumstances and conditions. It could be found from survey results that the majority of specialists gathered their opinions to that the boundary extension of regulation making power is necessary at this time. Especially the need for penalty other than fining to secure validation of regulation and the need adapt each local tax regulations to its own conditions and legislate it as a principle of local tax ordinance in exception to principle of no taxation without law.