기본사회 실현을 위한 지방자치단체 조례의 입법설계에 관한 소고

초록

This paper examines the legal and institutional framework for institutionalizing a basic society through local government ordinances. A basic society conceives residents’ living conditions—such as housing, care, health, and transportation—as interconnected structures beyond benefit-centered welfare systems. The study analyzes the public law nature of the basic society concept in relation to the constitutional guarantee of a decent standard of living and the social state principle, emphasizing that obligations to shape living conditions can be concretized through local ordinances. It further reviews 115 domestic ordinances related to basic society and basic income, together with a comparative legal analysis of Wales, Finland, and New Zealand, confirming the need for living policies to be formulated and implemented based on structural elements such as long-term planning, indicator-based evaluation, and multi-level governance. Based on these findings, the paper proposes a design framework for basic society ordinances that distinguishes the functional roles of metropolitan and local governments, and suggests enhancing policy sustainability and regional flexibility by delegating politically and legally sensitive matters, such as eligibility criteria, to implementation plans or subordinate guidelines rather than stipulating them directly in ordinances.

키워드