지방자치단체간 협력제도에 관한 연구

Abstract

As the living territory of citizens is going to become wider, the necessity of cooperation among local governments is going to become larger. But the policy priority of local governments is different each other. And the situation of NIMBY is increase more and moer. Too much competitions and conflicts among local governments bring on wasteful of resources and emotional hostility. So the conflict among local governments should be prevented and managed through institutional cooperations. There are three institutions on the cooperation among local governments in Local Autonomy Act. The first is entrustment of affairs, the second is administrative consultative council, and the third is local governments association. In this study, I divide the cooperative procedure into four stages. The four stages are consult stage, report and approval stage, management stage, and supervision and dissolution stage. According to the four stages, I review and analyze the three institutions. On the basis of autonomy and voluntariness, I propose the direction of improvements and detailed alternatives on the three institutions on the cooperation to promote cooperations and reduce conflicts among local governments. In the consult stage, cooperation should be activated between City/Dos and Shi/Kun/autonomous Ku. The supervision of higher level agency should be restricted to recommendations rather than compulsory dictation. And the limit and process of cooperation should be instituted. In report and approval stage, public notification and hearing should be instituted and local council intervene the process of cooperations through enactment of municipal ordinances. In management stage, presidential decree and ministerial ordinance should be enacted on the organization and jurisdictions of the executive organs, the validity of cooperations, the means of compulsory execution, etc . In supervision and dissolution stage, the higher level agency should abide by the judgement of courts rather than the compulsory dictation or vicarious executions. And presidential decree and ministerial ordinance should be enacted on the limits, contents and means of direction and supervision.