지방자치단체의 고충민원해결제도

Abstract

Nowadays the number of citizen’s complaints and petitions to administration is rapidly increasing in modern administrative welfare states year by year. Local autonomy is a fundamental in modern democracy. There are lots of systems for correcting various wrong and illegal administrative agency’s actions including central government and local self-governing body. For example, there are administrative procedure, petitions to assembly, ombudsman, administrative litigation and etc. This article aims to study on the resolution system of local resident’s complaints and petitions in local autonomy in comparison to national resolution system in Korea. We have two sorts of systems of settling any civil complaints and petitions derived from the Swedish system named “Ombudsman” in Korea. One is the national ombudsman, named 'Kookminkochungcheoriwiwonwhi' for all nationwide citizens. The other is the local ombudsman, named ‘Siminkochungcheoriwiwonwhi’ for regional residents. The latter is narrower than the former in jurisdiction. The latter’s jurisdiction is limited to its ruling region while that of the former is nationwide. They are applied by the same related law of 2005. However, there is a discrimination between the latter and the former in organization, member, term of membership, reappointment possibility and so on. It is at issue that the latter is at local self-government's discretion in its establishment. In a word it is optional institution. So the latter couldn’t and won’t fulfill its function appropriately now. Finally it is necessary to revise the related law in the near future to improve that system. The latter is also to be compulsorily established by law as like the former. That's a short way to vitalize the latter for the regional residents.Key WordsCitizen’s complaints and petitions, Ombudsman, Kookminkochungcheoriwiwonwhi, Siminkochungcheoriwiwonwhi, Optional Institution