지방분권의 보장을 위한 헌법개정의 과제

Abstract

Constitutional amendments bill proposed by President Moon Jae-in were submittedto the National Assembly on March, 2018. The attention of the nation and thepeople was concentrated on the constitutional amendments bill. Although thedisposition of the bill was confirmed, the bill pointed out the decentralization asmain principle of organization of state and included many other attempts. Apart fromthe failure of the bill, these Attempts were including the direction of improvementthat existing constitution will have to contain. Especially, the bill aims decentralization as main principle of nation, states theresidents as the main agent of local government system, not local government. Alsothe bill mentioned that local government consists of local administration and locallegislature, the chief executive of local government and local assemblyman organizingthe local assembly were elected by resident. In these reason, the bill was highlyestimated. However, despite of these estimation, the bill was very uncertain and contain theexisting legislation that could not make change. Also there were uncertain andcomplex relation problems between existing provisions and new provisions. Thus, it isimpossible to reflect the purpose of the bill. As improvements, next constitutional amendments bill have to include status ofresident as sovereign at nation and local government, mention that resident form thelocal administration and local legislature as representative organization. Not only that,next constitutional amendments bill need to mention that resident make the ordinance by their intention and guarantee the local government to exercise their autonomy fortheir resident to participate in the benefit of local government system.