지방의원의 윤리성 제고방안에 관한 연구

A Study on Improving a Local Assemblyman' Ethics: Focused on Pro and Cons Opinions which Surrounding the Code of a Local Assemblyman Conduct

A local assemblyman is required to especially ethics by exercising influence to citizen's interest and welfare. But the code of a civil servant conduct which has come into effect on 2003, is difficult to play a role from institutional defect which don't reflect status's nature of a local assemblyman. As a result, a local assemblyman don't nearly apply to the code of a civil servant conduct. To improve this situation, the code of a local assemblyman conduct which is reflected in status's nature of a local assemblyman is enacted and such legislation has been announced. But the one hand, there are partial opinions that establishing and enforcing the code of a local assemblyman conduct as a presidential decree can violate the autonomy of a local self-government. Therefore, this study seek alternative to improve ethics of a local assemblyman by comparing mutual opinions which surround the code of a local assemblyman conduct. As a result of the study, the task to establish and manage the code of a local assemblyman conduct does not apply to the autonomy work of citizen. In the code(draft) of a local assemblyman conduct, the national unity is required by terms of the efficient operation and comprehensive standards. Accordingly, to enact code(draft) of a local assemblyman conduct established by the central government(presidential decree based on anti-corruption law) can't violate the autonomy of a local self-government. Also, There are some opinions that the code of a local assemblyman conduct which is based on anti-corruption law act 8, come into conflict with code of ethics & ethics practice norm which is based the local governmental act 38. But because the purpose and content of both laws are different from, it is difficult to consider as undermining the autonomy. Of course, it is expect to confuse in regard that the code of a local assemblyman based on ordinance, overlaps code of ethics & ethics practice norm in effect as ordinance. However, this confusion will be resolved by coordinating anti-corruption law act 8 with the local governmental act 38, and after unifying ordinance of local assemblymen action ethics norm(code of a local assemblyman, code of ethics & ethics practice norm).