지방자치단체의 자치입법권과 중앙정부의 감독권 조정을 위한 개헌 논의

초록

Since the 9th revision of Republic of Korea constitution on October 29, 1987, discussions to revise the constitution have been made. However, the Constitution of the 6th Republic of Korea has not been revised so far, and it has maintained its vitality. With the resurgence of the local autonomy system, which was not implemented at the time of the 4th and 5th Republics, various discussions have been conducted to strengthen decentralization, including local councils, local government heads and superintendents' directions, office transfers, innovative city construction, relocation of Sejong City, reorganization of local administrative systems, expansion of local grant taxes, and implementation of local autonomy equivalent to the federal system, but the concentration of the metropolitan area is intensifying. The problem facing local governments is getting worse, as seen in the recent crisis of population decline and local extinction. This paper focused on discussions on constitutional amendments to strengthen or expand autonomous legislative power surrounding the scope and limitations of ordinance enactment. When discussing the direction of the constitutional amendment to strengthen autonomous legislative power, it is not just to think about how to revise the phrase of Article 117 (1) of the Constitution, but also to consider the shape of the state, the status of local governments, and the link between autonomous legislative power and autonomous financial power (e.g., how much local governments will secure tax collection rights, and specific regulatory measures of budget laws or budget ordinances that determine budget expenditures). The central government's supervisory or audit rights over local governments should be reasonably reorganized accordingly. Today, as addressing the crisis of regional extinction due to the rapid decline in the birth rate and population is emerging as an immediate task, restoring resident autonomy or self-determination through strengthening self-government legislation and restoring the possibility of residents autonomously solving local issues is expected to be an important starting point for improving the foundation of local autonomy. It is urgent and important to reorganize the administrative organization, strengthen the efficiency of local administration, and secure budgets such as the Regional Extinction Response Fund to find solutions to the problems facing local governments, but above all, forming and maintaining local autonomy and democratic constitutional order by establishing an institutional foundation to successfully operate local governments aiming for “root democracy” and making residents recognize problems on their own, come up with solutions, and take responsibility for themselves is the fundamental and most urgent task to recognize and solve local problems.

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