울산광역시 산업단지 개발정책에 관한 지방자치법적 검토

Abstract

As discussed above, the author studied our country's development, management and the operation of an industrial complex with emphasis placed on the Industrial Sites and Development Act and the Industrial Cluster Development and Factory Establishment Act. And the Ulsan Metropolitan City's industrial complex development policy was also discussed to devise an improvement plan for presentation after analyzing it from the perspective of the Local Autonomy Act and with emphasis placed on the legislative theory. In particular, special attention was given to the principle of subsidiarity and to the key elements of local autonomy ensuring self-organizing rights, the self-legislative power and the self-governing administration. All the improvements the author presented in this study are closely linked to ensuring the right of self-government and its expansion. This is especially true when considering the local autonomy ideology guaranteed by the constitution and seen from the perspective of decentralization which is the spirit of the present times. After all, the development, management and operation of an industrial complex under the current system of thinking centering on centralization and state-centric views are destined to end up being monolithic and very inefficient. It is therefore imperative that the industrial complex affairs be transferred to the local government in their entirety, while revising the law to implement such improvements, in order to effectively reflect the capability of the local government head, local needs and regional characteristics in the process of planning and implementing such an industrial complex. Accordingly, the development, operation and the management of the future industrial complex should be carried out with the local government playing a central role. For this reason, the current complex legal system should be streamlined, and even the essential part that needs to be stipulated in the law should be confined within the limit of the national minimum . Also, as seen in the example of a foreign country (Japan), it is expected that the issue of recycling existing industrial complexes is likely to cause great social and national reverberations. Now is therefore a high time to invent a countermeasure coping with the situation before it happens and in a faithful manner. The spirit of a Local Autonomy Act is reflected in taking an action in anticipation of such an issue, and this, in turn, is in conformity with the citizens’ wishes.