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A study on the legal issue of development in the local science and technology policy

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(4), pp.75-107
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 20, 2020
  • Accepted : November 25, 2020
  • Published : November 30, 2020

JINSEONGMAN 1

1과학기술정책연구원

Candidate

ABSTRACT

Article 127 of Constitution stipulates that the development of the national economy should be pursued based on innovation in science and technology. Local governments emphasize local science and technology policies to revitalize the local economy. Local governments need to strengthen their functions to utilize science and technology policies for regional economic development. What functions should local governments strengthen for the development of local science and technology policies? The most important thing is the development of ordinance legislation. The ordinance legislation enables the practical resolution of problems occurring within local governments. Therefore, the article argued that for the development of local science and technology policies, it is necessary to strengthen the legislation of municipal ordinances. The analysis method is to grasp the current situation and to investigate the case. The analysis of the current status of the ordinance legislation in local science and technology highlighted the reality of the lack of legislative ability. Through this, we found three problems. First, local governments are enacting passive and centralized ordinances. Second, they are legislating ordinances with no financial and economic feasibility guaranteed. Third, they are legislating an inappropriate ordinance as a legal concept. The case investigation was conducted to clarify the measures to strengthen the legislation of the ordinance. This led to the following implications for legal and institutional infrastructure: First, the central administrative agency shall ensure the autonomy of municipal ordinances legislation appropriate for the era of autonomous decentralization by local governments. Second, autonomy is guaranteed, but support is needed to strengthen expertise. In other words, the central administrative agency should provide consideration for the development of municipal ordinances and laws of local governments. Third, local governments shall endeavor to develop and strengthen ordinances legislation on their own. Compilation of the legal manual of the ordinance legislation is a very effective alternative. However, this study has the following limitations: The fundamental improvement to local science and technology ordinance legislation is completed through legislation. However, the study focused on highlighting the importance and necessity of local science and technology ordinance legislation, and failed to address legislative improvement measures. This leaves it as a future research project.

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