지방의회 자치입법권 강화방안

Abstract

Local autonomy in Korea began in earnest in 1991 with the election of the district, city, and county council and the election of city and provincial council members. As a self-governing legislative body for the realization of the principle of checks and balances in local politics, local councils are playing an important role in practicing democracy in local autonomy. With the start of the National Assembly's Special Committee on Constitutional Amendment in 2017, discussions on the constitutional reorganization of the functions and roles of local councils began in earnest as the need for decentralized constitutional amendments to expand local competitiveness was raised. Since the enforcement of the Special Act on Decentralization and Reorganization of Local Administrative Systems, efforts for decentralization have been showing considerable results due to the expansion of local affairs and local fiscal powers. However, constitutional and legal restrictions on the autonomous legislative power of local councils still make it difficult to revitalize local autonomy and achieve efficiency. When local councils clearly define the rights and obligations of residents through the exercise of autonomous legislative rights and perform their functions as an autonomous legislative body by reflecting residents' intentions as a representative agency of local governments, it will be possible to actively practice the principle of resident sovereignty. In the process of developing local autonomy and continuing to expand decentralization, the expansion of local government's autonomous affairs, policy authority, and fiscal authority expands local productivity and competitiveness, enabling the realization of local autonomy. The expansion of local council's autonomous legislative, policy voting, and monitoring rights accompanied by the expansion of the authority of the head of a local government will make it possible to faithfully play a role as a representative body of local council. The strengthening of local council's autonomous legislative power is an essential factor in strengthening local council's policy control and policy formation function following the revision of the decentralized Constitutional Law, the Local Autonomy Act, and the enactment of the Local Council Act. For this reason, it is important to improve the legal status of local councils as independent institutions. In addition, as seen in the case of the UK in a situation where constitutional amendment is difficult, Korea can also consider strengthening its autonomous legislative power by expanding the functions and powers of local councils through extensive revision of local government-related laws and the Local Council Act. Reinforcement of local council self-governing legislative rights through practical guarantees of resident sovereignty and resident autonomy will lead to the achievement of local autonomy efficiency and expansion of competitiveness. This study aims to examine the constraints of the function and role of local councils due to constitutional structural limitations in the composition of local councils under the Constitution and Local Autonomy Act in the process of local autonomy in Korea. As a result, I would like to propose an alternative to strengthen the legislative power of local councils to substantially guarantee resident autonomy and revitalize local autonomy.