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A Study on the Constitutional Amendment for the Enhancement of Local Autonomy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 83(), pp.295-323
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 30, 2018
  • Accepted : August 20, 2018

Kim, Ki-Ho 1

1한국법제발전연구소

Accredited

ABSTRACT

According to the constitution, revisions to national institutions must serve the interests of the people and the state. Regional autonomy refers to an arrangement where regional administration is handled the residents themselves. By letting regional residents draw on their autonomy and creativity in ways suited to the unique characteristics of each region, such arrangements foster the democratic capacities of the residents and promote balanced growth across regions. Thus, the purpose of autonomy is to enable balanced growth across the regions that comprise the state, as well as realizing liberal democracy and the sovereignty of the people. Therefore, institutional revisions for strengthening regional autonomy find support in that they contribute to national development. However, the devolution of state power that goes beyond that needed for the checks and balances for protecting the liberty and rights of the people from the excessive centralization and abuse of power – to such an extent that approaches secession into independent units beyond the state – cannot find support as this would stray from the original purpose. Despite this, the majority view in the current debate regarding constitutional amendments calls for regional devolution to the degree of independent regional self-rule. Some of the key provisions for regional devolution of power include orienting the basic national agenda to the devolution of power or regional self-rule, and to strengthen regional self-rule or home-rule to the introduction of autonomous legislative, judicial, and executive powers. Such a degree of devolution, which goes beyond that necessary for the strengthening of self-rule and implies political secession, can serve the interests of neither the state and its people nor the regions and their residents. Despite being a unitary state, Korea has previously faced substantial difficulties due to extreme inter-regional conflicts and self-centeredness. Also, there are no particular means by which harmony and conciliation might be brought about. In view of this, setting the basic orientation of the national agenda to the devolution of power or a devolved state is infeasible, as it runs the risk of exacerbating conflict and discord. A more feasible direction for revising the institutions regarding regional autonomy should confer, within the national legal order, autonomy and accountability to regional residents so as to strengthen their autonomous capacities, in addition to pursuing harmony and cooperation between the state and its regions so as to realize balanced development across the state and the regions.

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