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A study on the Framework Act on Local Autonomy
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지방분권형 헌법개정의 후속 법률로서의 지방자치기본법의 구상

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Type
Academic journal
Author
Journal
유럽헌법학회 유럽헌법연구 유럽헌법연구 제25호 KCI Accredited Journals
Published
2017.1
Pages
413 - 452 (40page)

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A study on the Framework Act on Local Autonomy
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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.
#지방자치기본법 #주민자치 #지방정부의 자율성 #보충성의 원칙 #자치입법권 #자치기본조례 #지방정부와 국가의 대등성의 원칙 #the Framework Act on Local Autonomy #citizen autonomy #stating the principle of subsidiarity #Self-Legislative Power #Self-Organizing Rights #Principle of Equality in the Relation between the State and the Local Entity

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이기우 / 2007 / 지방자치법 / 대영문화사 google schola 정순관 / 2002 / 지방자치단체 감사체계의 합리화 방안 / 지방정부연구 5 (4) google schola 정순관 / 2004 / 지방분권의 추진 내용과 쟁점 / 한국거버넌스학회 학술대회자료집 google schola 정순관 / 2006 / 자치경찰제의 추진과 지역사회의 대응 / 한국거버넌스학회 학술대회자료집 google schola 정순관 / 2009 / 지방행정체제 개편논의: 주장의 혼재와 지역의 선택 / 한국정책연구 9 (2) : 1 ~ 19 dbpia

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