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Study on Problems of the Revised Resident's Claim for Inspection- Centering on Comparison with Japanese Local Government Law -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.257-287
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

金榮祚 1

1상명대학교

Accredited

ABSTRACT

The resident's claim for inspection serves as a resident's means to administrative control to enhance fairness and responsibility in local administration by participating to local administration. The resident's claim for inspection, first introduced to the local government law in 1999, was based on the Japan's claim for administrative affairs inspection, and revised in 2005 upon the introduction of resident's suit. The revised resident's claim for inspection is a compromise between Japan's claim for administrative affairs inspection and resident's claim for inspection. Still, this revised system leaves much room for improvement. Currently, the problem is that the same provision is applied to the claim for inspection on the whole administrative affairs of the local governments and the claim for inspection on financial accounting affairs. However, it might be more recommended to apply different provisions to the claim for administrative affairs inspection and the resident's claim for inspection on financial accounting affairs as Japan does so now. And the resident's claim for inspection on financial accounting affairs needs the following improvements. First, its requirement for getting a certain number of resident signatures should be abolished so that corporations and civic groups can be allowed to make a claim for inspection. Second, there should be some exception to the limitation of claim period. And, it is necessary to encourage an audit organization to conduct an autonomous inspection by installing an audit committee in each local government.

Citation status

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