국제적 기준에 비추어 본 지방자치법의 개정 방안

Abstract

The world is considered the local self-government as the implement that can develop democracy. The world is prepared a variety of institutional apparatus and effort in order to guarantee it to expand that local autonomy for the residents and Independent local autonomy from the central authority. Under this background, cities around the world are seeking to compete and cooperate with each other at the same time. Which it was considered to be the responsibility of the national challenges in the past, and now understand a challenge that should concern the province. UCLG is also plays an important role, the world local governments are cooperating with each other about the common interests of the Union. Internationally there is formed a consensus on the essentials of local self-government, such as 「The European Charter of Local Self-Government」 and 「International guidelines on decentralization and the strengthening of local authorities」. In light of these criteria, korea local government system does not meet the international standards, in terms of substantial local autonomy guaranteed by the Constitution and the law, supplement the principle applies, and comprehensive rights guaranteed local autonomy and local finance and hearing. Besides Local Government Act is based provisions that is to recognize the unilateral relations director instructed by the central government, the relationship between central and local government. Provisions to guarantee the autonomy in the Local Government Act is quite insufficient. And in the Local Government Act, the right of local governments to participate in the policy for determining their own destiny does not guarantee at all. Therefore, the Local Autonomy Law should be revised entirely. In this paper, I propose amendments to the Local Government Act, aims to decentralization, to expand local autonomy and in the direction of the transition to equality and cooperation relations between the central and local governments.