기초자치단체의 통폐합과 관련된 법해석상의 쟁점들의 검토

Abstract

Korean government has tried to integrate 2~3 local governments to strengthen competitive power of local governments. This study aims to find the exact meaning of several provisions about the integration of local governments in local self-government statutes. The Constitutional Court of Korea decided that the residents' right of referendum is not the fundamental right of the Constitution, but only the right prescribed by the law. The Supreme Court of Korea also didn't approve the residents' right of referendum about the integration of local governments. Two Courts didn't approve the legal binding force of the result of residents' referendum, and, according to two Courts, it is not sure whether the name of integrated governments and the location of city hall are objects of judicial review. Residents’ positive participation is very important in activating local self-governing. Our legal system must allow residents to have important legal position in local governance system. They should be not objects, not followers, but subjects who can participate to decide essential problems of local governments. Residents must be able to file a administrative lawsuit in case of the violation of the residents’ right of referendum, because it means the standing of a administrative lawsuit.