주민자치회법의 합리적 제정 방안

Abstract

In order to reorganize the local administrative system and realize decentralization and mature local autonomy, 2013.5. The enacted Decentralization Act stipulates that residents’ associations made up of residents are installed and operated on a trial basis in the relevant eup, myeon-dong. After the Minister of the Interior and Safety designated and operated the residents’ association on a pilot basis, from 2017, local governments enacted an ordinance on the establishment and operation of the residents’ association in the relevant eup, myeon, and dong area and allowed it to be operated autonomously. As a standard, 626 local residents’ associations have been operated on a pilot basis. However, the pilot installation and operation of the residents’ association does not have a proper administrative and financial support system, and there are limitations in strengthening residents’ autonomy or realizing grassroots democracy. In addition, In addition, although the right to participatory budgeting, the right to referendum, the right to recall the residents, the right to audit the residents, and the right to enact and open resident ordinances are guaranteed under the Local Autonomy Act, grassroots resident autonomy as eup, myeon and dong are not included as local governments, unlike Japan or the UK. is an obstacle to practical implementation. Therefore, strengthening of resident autonomy, realization of neighborhood autonomy in eup, myeon and dong, realization of resident autonomy according to regional characteristics, guarantee of individual rights of residents regarding resident autonomy, rationalization of administrative organization of eup, myeon and dong, strengthening of democracy of local residents, and resolution of current issues in the local community For this purpose, it is necessary to enact the Act on the Residents’ Association. In the following, the main contents of the Residents’ Associations under the Decentralization Act in Korea are reviewed, and the legal systems of the Residents’ Associations in Japan, the UK and Switzerland are reviewed comparatively. The plan for enactment of the Act on the establishment and operation of the local residents’ association in Korea was determined by the scope of the residents, the concept of the general residents’ assembly and the residents’ autonomous association as a resident decision-making body, expansion of the resident’s autonomy authority and strengthening of the legal status, financing and auditing system for the residents’ association, and the residents’ association To contribute to the realization of grassroots self-government and democratic political participation by devising relationships with local governments and local councils, and cooperation with the residents’ council.