지방자치단체의 자치고권 보장을 위한 직무이행명령의 개선에 관한 연구

Abstract

There are frequent conflicting views and disagreements between the state, local government, metropolitan local government and basic local government regarding delegated affairs nowadays. Article 170 of the Local Autonomy Law prescribes a duty execution order as a state supervision measure for the delegated affairs of a head of a local government assuming such a situation. On June 27, 1995, before the election of the head of a local government, if you switch from the appointment of the head of a local government to the election, it was introduced in order to strengthen the control and supervision of the state by local governments in fear that it would be difficult for the state to control and supervise the local government. However, local government are independent entities with the authority not to be ordered or directed by the central administrative agency in the performance of self-government affairs. Even if the duty execution order is related to delegated affairs, there is no consideration for the local government with such autonomous power. The state is focused only on the control and supervision of local government, and the format of the legal text is also described from a centralized viewpoint, in terms of efficient execution of national affairs. It is a problem. Therefore, this study intends to propose a revision plan of Article 170 of the Local Autonomy Law so as to further guarantee the autonomous power of local government from the point of view of local government. First, clearly define what the subject affair is. Second, the head of a local government does not file a lawsuit, but the deputy minister and the city governor, so that they can file a litigation for affirmation of illegality of omission. Third, if the local government does not fulfill the duty execution order after the illegal confirmation, it shall be ordered to make an indirect compulsory performance, and only if it is not appropriate for the delegated affairs to settle the compensation despite the indirect compulsory performance, it will stipulate that as a last resort can administrative vicarious execution. At present, the Local Autonomy Law is often defined as a state-centered perspective, so that it is unqualified to the local autonomy. Article 170 of the Local Autonomy Law is also the case. In the future, other provisions of the Local Autonomy Law should be revised to respect and guarantee the autonomous power of the local government. A truly local autonomy system can be achieved.