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A Study on the Introduction of Tentatively Named Legal Acceptance Business according to Abolition of Institutional Delegation Business

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 56(), pp.371-400
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

최철호 1

1청주대학교

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ABSTRACT

The Revised Bill on the Local Autonomy Law that abolishes the institutional delegation business system the most as an element hindering independence and self-reliance of the local government and that reorganizes most of previous institutional delegation business into autonomy business and legal acceptance business that are business of the local government was submitted to the National Assembly on October 31, 2011 and is currently under review. The key of the Revised Bill on Local Autonomy Law is to be made as a business of the local government by newly establishing a system called a legal delegation business, so it can be said that the legal delegation business is almost the same system as a legal consignment business. This thesis researched in the comparative law aspect to draw implications in researching the birth background and its content of the legal acceptance business regulated in the revised current Local Autonomy Law of our country by analyzing several discussions on the positive and negative theories of the legal consignment business in Japan, namely, discussions on business distribution of the local government in Japan that abolishes more previously the institutional delegation business than Korea and reorganized this as autonomy business or legal consignment business. The purpose of business distribution in the revised local autonomy law has focused on readjustment of only a scope of business of the government-province inside a current system frame that keeps 3 classes of nationalㆍprovincial adminstration organization system composed of nation-metropolitan council-local governments, so it can be said that it is insufficient that the provincial adminstration system didn't reach the level reorganizing the provincial adminstration system fundamentally. However, even if the revision of the Local Autonomy Law is an innovation of incomplete and unfinished decentralization, it abolished institutional delegation business which is national business and reorganized many parts of the institutional delegation business as autonomy business or legal acceptance business, so it can be said that the responsibility assigned to the local governments is very big and that as the authority of the local governments was much assigned, the responsibility according to this is also large.

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