지방분권형 헌법개정의 후속 법률로서의 지방자치기본법의 구상

Abstract

This thesis concerns the Framework Act on Local Autonomy. The Framework Act on Local Autonomy will stipulate the basic requirements for local autonomy and decentralization conforming to the constitutional concepts of local autonomy. For this reason, this Bill (for the Framework Act) will have the intermediate status between the constitution and the law. In addition, the proposed Bill was intended to provide a basis for interpreting not only the framework acts under local autonomy legislation and but also the laws and ordinances of local autonomy. To accomplish the objective as stated above, this thesis discussed it with special attention given to the following points: First, it was basically assumed to establish the user-based and resident-centered law. This Bill was based on citizen autonomy and formulated with the administration and systems in mind, which should exist on the basis of such citizen autonomy. For example, the Bill's Paragraph 2 of Article 2 states that the competence of the local entity is based on the citizen's wills. Second, it was intended to expressly stipulate in the text a substantial institutional device for securing local entity's autonomy. In other words, division of administrative affairs was clarified i.e. by stating the principle of subsidiarity and the principle of expanding the self-legislative power as a basic ideology of local autonomy, ensuring the local entity's self-organizing rights . Third, an attempt was made to reinforce the function of local councils, the core of citizen autonomy. To accomplish this, local councils were clearly stated as a legislative body, and the town meeting was installed at the local entity complementing the function of the local council. Fourth, based on the notion that the relationship between the state and the local entity should be established on equal terms, various regulations were improved. In other words, controversies aroused between the state and the local entity and the principle of intervention in the state affairs were specified in the text. Major points of the Bill are summarized as follows: Principles of Giving Priority to Local Entity, Self-Government Framework Ordinance, Right of Participation of Residents, Self-Legislative Power, Self-Government Power, Self-Organizing Rights, Self-Finance Rights, Self-Personnel Administration Rights, Local Council, Audit System, Principle of Public Expenditure, Taxation by Local Tax Ordinance, Intergovernmental Grants on Local Expenditure, Principle of Equality in the Relation between the State and the Local Entity, Principle of the Local Entity's Intervention in the State Affairs.