국가 입법과정에 대한 지방자치단체의 참여 - 독일의 연방, 주 및 지방자치단체의 관계를 중심으로 -

Abstract

It is certain that local decentralization corresponds with constitutional value, thus should be pursued. This requires participation and cooperation of local government in national policy and legislation. However, despite this normative requirement, participation of local government in national policy and legislation is very low, which arise from the problems of insufficiency and vagueness of related legal system and will of participation and ability of local government. This study starts from such critical mind that there has to be a systematic approach about the participation of local government in national legislative process, which are being discussed in terms of local decentralization. Consisting of two parts, first, this study examines mutuality of german federation, state and local government in legislative process. Second, the study analyze korean legal system about the participation of local government in national legislative process under the current law, and problems and improvements of it in light of the comparative law. It points out the vagueness of related law, and need for discussion concerning function of Kommunale Spitzenverbände and Bundesrat in Germany. By Considering these issues, this study contributes to develop former discussions about the conduct of participation of local government in national legislative process, leading to find fundamental problems and effective improvements of it.