지방자치 사무배분 기준의 문제점과 개선과제 - 「사무배분 사전검토제」의 도입가능성 검토 -

Abstract

Because of unclear division of power and responsibility to local government office, there has been much controversy about this in the judgment. Fundamentally, works distribution of local government office is normative dimension to realization of the constitutional principles. So it is not appropriate to understand policy dimension that who would handle some work. Local government handle some work mean depart from office of nation centered, and settlement and realization to local government system that is base of grass-roots democracy. Works distribution of local government office is very uncertain and comprehensive, so do not function properly. As societies grow more complex, various local government offices are emerging. Thus, it is impossible to absolute and uniform standard to works distribution of local government office. We can consider the prior works distribution system that distributes works in legislation process. The prior works distribution defined the rule of the indispensable procedural rules in legislation process. Advisory opinion of the prior works distribution can consider compromise plan that retrial, obligations to reply. It hereby solves confusion to the works distribution fundamentally, and it should be establish clear-cut lines of authority and responsibility to local government works.