The Korean Recall System
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Despite its constitutional mandate, local autonomy in South Korea was initially launched in 1991, when the Korean People chose their local representatives by popular vote for the first time. And, the heads of municipalities were generally elected in 1995, marking a new era for Korean grass-roots democracy whose realization was several decades overdue. Generally speaking, the implementation of local autonomy in South Korea has shown mixed results thus far. On the one hand, it has contributed partially to enhancing the welfare of local residents by inducing officials of local governments to listen to the needs of local communities. On the other hand, however, it has a long way to go to accomplish the ideals of self-government in many aspects. Many people tend to beindifferent to local affairs, leading to significantly low turnouts in local elections. Local governments still depend upon the central government financially to a considerable degree. More importantly, high-ranking officials and representatives of local governments were often criticized for undue influence from local business interests and reckless budgetary management. After a decade of experience with local autonomy, the civic movement led by local NGOs has begun to form a political alliance for the introduction of meaningful checks on power abuses and financial irregularities, which include local residents’ right to request a financial audit, the initiative, the referendum, residents’ suits, and, finally, recall. Such strenuous efforts on the national level successfully bore fruits. The National Assembly in South Korea has recently legislated such measures in an incremental manner. Among others, the Law on Recall was made in 2006 and entered into force beginning from July 2007, making the recall system a reality. It was not easy to introduce the recall system due to strong resistance from local governments, which would be subject to its potentially powerful impact on local politics. Recall is basically designed to make local officials and representatives politically accountable, because residential power to recall could function as the most powerful means of political control on power abuses by mobilizing people to act against improper policy choices and corruption. Once it was introduced, it is time to consider how effectively to implement the recall system as designed. Also, there is a need to address the problems with the recall system in its current form. This paper below examines the Law on Recall, analyzes its deficiencies, and suggests how to solve them.
Abstract
Despite its constitutional mandate, local autonomy in South Korea was initially launched in 1991, when the Korean People chose their local representatives by popular vote for the first time. And, the heads of municipalities were generally elected in 1995, marking a new era for Korean grass-roots democracy whose realization was several decades overdue. Generally speaking, the implementation of local autonomy in South Korea has shown mixed results thus far. On the one hand, it has contributed partially to enhancing the welfare of local residents by inducing officials of local governments to listen to the needs of local communities. On the other hand, however, it has a long way to go to accomplish the ideals of self-government in many aspects. Many people tend to beindifferent to local affairs, leading to significantly low turnouts in local elections. Local governments still depend upon the central government financially to a considerable degree. More importantly, high-ranking officials and representatives of local governments were often criticized for undue influence from local business interests and reckless budgetary management. After a decade of experience with local autonomy, the civic movement led by local NGOs has begun to form a political alliance for the introduction of meaningful checks on power abuses and financial irregularities, which include local residents’ right to request a financial audit, the initiative, the referendum, residents’ suits, and, finally, recall. Such strenuous efforts on the national level successfully bore fruits. The National Assembly in South Korea has recently legislated such measures in an incremental manner. Among others, the Law on Recall was made in 2006 and entered into force beginning from July 2007, making the recall system a reality. It was not easy to introduce the recall system due to strong resistance from local governments, which would be subject to its potentially powerful impact on local politics. Recall is basically designed to make local officials and representatives politically accountable, because residential power to recall could function as the most powerful means of political control on power abuses by mobilizing people to act against improper policy choices and corruption. Once it was introduced, it is time to consider how effectively to implement the recall system as designed. Also, there is a need to address the problems with the recall system in its current form. This paper below examines the Law on Recall, analyzes its deficiencies, and suggests how to solve them.
참고문헌 (12)
- 주민직접참여의 활성화를 위한 법제정비 방향, 한국법제연구원보고서, "김명연", ~ (1999)
- 김수진, "독일과 한국의 지방의사결정과정에의 주민참여제도", 공법연구, 30(3) (2002)
- 고문현, "주민소환제에 관한 소고", 토지공법연구, 30 (2006)
- 길준규, "주민소환제의 법리적 검토", 공법연구, 34(1) (2006)
- 김영기, "한국적 주민소환제 모형의 탐색", 한국행정학회 학술대회 발표논문집 (2002)
- 신봉기, "지방자치에 있어서 직접민주제 방식의 도입- 특히 주민소환제와 관련하여", 공법연구, 33(1), pp.181~212 (2004), 한국공법학회
- 이기우, "지방자치제도와 주민소환제도에 관한 공법적 접근", 공법학연구, 7(2) (2006)
- 이종수, "주민소환제의 도입이 지니는 헌법적 함의", 한국부패학회보, 11(2) (2006)
- 하승수, "주민소환제도의 특징과 시민사회에 주는 함의", 시민사회와 NGO, 4(2) (2006)
- 한귀현, "주민소환제도의 도입방안에 관한 연구", 토지공법연구, 21 (2004)
- 함인선, "주민소환제도에 관한 입법론적 고찰- 일본 지방자치단체의 장 해직청구제도를 중심으로 하여 -", 공법학연구, 5(2), pp.3~26 (2004), 한국비교공법학회
- 최봉석, "주민소환제에 관한 독일에서의 논의와 법제", 공법연구, 30(1) (2001)
