지방자치단체의 자치조직권에 관한 헌법적 고찰

Abstract

Local autonomy has constitutional significance in that it provides opportunities to experience and practice democracy by allowing local residents to autonomously settle the common issues of local communities in accordance with the local circumstances and conditions, while contributing to the decentralization of power with respect to the central government. Although local administration is a part of state administration and local autonomy must be recognized within the boundary of the national law and order, local governments are able to deal with local affairs on their own. Thus, it is unfair for state administration to curb these rights of local governments or render them useless. In fact, many critics opine that due to the regulations on local governments’ right to autonomous organization under the current statutes—the scope of which is too broad and detailed—local governments are not guaranteed sufficient autonomy in organizing and operating their own organizations. Factors such as the democratic political significance achieved through the formation of consensus in local autonomy and the importance of guaranteeing fundamental rights related to the nationwide provision of similar dwelling values are basic guidelines and institutional frameworks offered under the constitution regarding various regional initiatives and attempts. From this viewpoint, the national regulations on local governments’ right to autonomous organization need to be reasonably implemented through concrete and empirical reviews centered on normative significance.