지방의회 우수 조례의 조건에 관한 일 고찰 - 우수조례 심사 소감을 토대로 하여 -

Abstract

This article is the study which tries to seek for the direction of thedesirable local ordinance. Consulting to the preceding researches thisarticle is interested in the Korean local autonomy system. There arethe theories and precedents which surrounds the Korean ConstitutionClause 117th paragraph 1st and Local Autonomy Law Clause 22ndabout the relationship with the ordinance and law. The scholars andlocal assembly-men discussed the position of the jurisdiction in thedifferent direction. Whereas the legislative evaluation on the law isactive, the evaluation on the ordinance was rare. As the life patternof the resident changes in the case of the self-governing legislation,the destiny of whom reside nearly has to be shared. It is thought thatlegislative valuation methodology can be more systematized throughthe legislative evaluation on the ordinance. The guaranteeing of thelegislative power of local government is the guaranteeing of theself-regulated program in the local government. As the local autonomywhich is independent legally is the the test center of the democracy,the ordinance evaluation will be very useful as the chapter of theexperiment of the legal evaluation. The subsequent study concerningto the desirable direction for the desirable establishment of regulationis needed for the legislation of local autonomy to be vitalized.