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A Study on the Possibility of a New Local Autonomous Organization in the Local Autonomy System

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(4), pp.297-359
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 12, 2021
  • Accepted : November 28, 2021
  • Published : November 30, 2021

Park, Hong-Soub 1

1한국장애인평생교육원

Candidate

ABSTRACT

This study focuses on the fact that it is difficult to request a cost burden based on revenue for the provision of services that are considered to be free-riding for the activities of local management organizations, including local management. I reviewed and verified the feasibility of the legal system for a structure in which such persons naturally join, become members, and bear the costs only when there is an agreement from the government. This study presents the ‘basic institutional design’ of ‘local autonomy organization as a public union’ and ‘local autonomy organization as a special local public organization’. At this time, reference was made to ‘a system called BID (Business Improvement District)/CID (Community Improvement District) that is arbitrarily established for a specific purpose as a type of local public organization in the United States’. The BID is established in commercial and business districts, and the CID is established mainly by application of local land and house owners in residential areas, open space maintenance, beautification, policing, marketing, facility improvement, and other small-scale development projects are being carried out. The BID system has been attracting attention in the field of urban planning and is starting to be the subject of full-scale legal research. In designing the legal system of a ‘new local self-governing organization’ with reference to this BID, is it appropriate to select a ‘public union’ as one of the options, which gives the impression that it lacks innovation and innovative ability? In order to consider this fundamental problem, this paper refers to the German law where ‘functional self-government’ organizations including public unions are being used from Japan, and ‘functional self-government’ is actively discussed in the case of ‘functional autonomy’ within public cooperatives. It was intended to reveal the basic legal structure of And, despite the German law that did not use functional autonomy in the institutionalization of BID, the significance of designing a “new local autonomous organization” as a public cooperative or functional self-governing body in Japan should be clarified. Regarding the possibility of a new local self-governing organization, this study started by paying attention to the fact that it is difficult to request a cost burden based on revenue for the services that are considered to be free-riding for the activities of local management organizations, including regional management. A review and verify the feasibility of the legal system for a structure in which local residents, landowners, etc. create an atmosphere and only if there is a significant amount of consent, they will naturally join and become members and bear expenses. Accumulation of knowledge or more in-depth review is required when drafting a specific system for introduction. In particular, it includes the requirements for implementing these systems from internal and external stakeholders in the local operation and organizational activities, considerations during system design, and concerns. Therefore, there should be sufficient listening and discussion of their opinions. As a point to be particularly careful in furthering the discussion in the future, the local self-governing organizations reviewed here require members to join and bear the costs regardless of individual will. In this study as well, in recent years, especially in urban areas, the number of people who do not wish to join local residents’ associations or neighborhood associations, even among local residents, is increasing. In this study, considering these concerns, in spite of the fact that membership is originally based on individual will in the local public space, in reality, it is operated as if the obligation to join and become a member exists. It is pointed out that there are groups. In the midst of this, rather, the local self-governing organizations reviewed here set an appropriate framework for organizations that naturally join and bear expenses as members regardless of individual will, or rules necessary for guaranteeing the rights of local residents or members. By doing so, the opinion that it should be thought that rationalization and transparency of the original attitude of these organizations should be made became a popular opinion. In addition, as the population declines, fertility and aging progress, there is a growing demand for meticulous work to solve local problems and maintain/improve a good local environment and regional values ​​amid global competition among cities. This trend is expected to continue and accelerate in the future, and for this response, the entity that forms and implements consensus is not the basic self-governing body, but rather the regional (linked)-type organization of cooperation. Furthermore, it is necessary to introduce such a local autonomous organization under a legal system that fully considers the protection of the rights of local residents and landowners, as there is a discussion about the request for a structure that can sufficiently perform the role of such an organization. There were several opinions about it.

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