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The Functional Limitation of Local Council and Improvement through Decentralized Constitutional Amendment - Focusing on expanding the autonomy of local council and strengthening legislative capabilities -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(2), pp.315-340
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 11, 2023
  • Accepted : May 29, 2022
  • Published : May 31, 2023

Ko In Seok 1

1호서대학교

Accredited

ABSTRACT

The most important factor that restricts the function and role of local council is the centralized power structure and the restriction of local council autonomy from the legal status of local council that identify local council as part of local government organizations under the Constitution and Local Autonomy Act. Under the current Constitution and Local Autonomy Act, it is important to ease regulation on local government organizational right under 「Regulation on Administrative Organizations of Local Government and Standard on the Number of Person」 to ease central government control of local government official. Through this, it is necessary to stipulate the right to self-organize local council as ordinances and to guarantee effective local council self-organization right through the enactment of 「the OOO City Council Office Administrative Organization and Standard on the Number of Person」. In this paper, first, it is necessary to present a plan to expand the autonomy of local councils when revising the decentralized constitutional law to overcome the functional limitations of local councils' autonomy by reviewing the Constitutional law and the Local Autonomy Act. Second, when the Local Autonomy Act is revised, I would like to propose a plan to expand the autonomy organization right of local council. Third, we would like to propose a plan to enact 「the OOO City Council Office Administrative Organization and Standard on the Number of Person」 based on deregulation of central government control over the exercise of local council autonomy under the Local Autonomy Act.

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* References for papers published after 2022 are currently being built.