주민투표제도의 문제점과 개선방안에 관한 연구

Abstract

Local referendum is stipulated for the right of resident’s vote in order to supplement the deficiency of representative democracy system which is a principle of the administration of local autonomy, and local autonomy system in Korean society is taking root gradually along with the introduction of local referendum system known as an element of direct democracy to supplement representative democracy. From the viewpoint that decisions are made through a direct vote by local residents to solve their local issues, referendum performs a role to enhance the status of residents and secure the legitimacy of problem-solving. It also has a positive value that it can counterbalance central government for its one-directional instruction or enforcement to local government. Since the result of referendum can be considered as a collective embodiment of residents’ opinion, it can exert great influence and give a considerable pressure in future policy-making of central government and local government. Hence, it is necessary to review carefully how the subject, requirement, motion, requirement of gathering signatures, vote campaign, relief and penalty of the Referendum Act that will be mentioned here below should be determined and whether legal binding force shall be given to the result of referendum. There are various problems in current referendum system caused by the problems of its own but also by a wrong application of this system. After all,such problems undermine the value of referendum by making damages on securing fundamental signification and fare procedure as well as the legitimacy of the result. Nevertheless, when considering its value as a countermeasure against various problems and the importance of its result, improvement of the referendum system in our society is very important and urgent issue. Hence, this article intends to investigate the institutional problems of the current referendum system through a case study and find its improvement.