지방의회에 있어서 교섭단체

Legal Analysis on the Negotiation Body in the Local Assembly

It was only from 1987 with the existing constitution that the grace provision of the local assembly was abolished, and in 1988 the Local Autonomy Act was wholly amended, and thus various levels of the local assembly were composed in 1991. In the meantime, many problems and limitations of the local assembly in finally becoming established have been spotted and criticized, in particular regarding the relation with the political party, on a lack of independency and professionalism. Thus, it will be argued that in order to achieve constitutional local autonomy and to wipe out any criticisms and skepticism of the local assembly, legal analysis is necessary for the negotiation body in the local assembly. We first need to determine the political nature of the local assembly and the relation with the political party. Related to this, the relationship between the local assembly and the negotiation body will be discussed, more specifically the negotiation body’s significance and its organization, as well as whether the National Assembly Act has any application on the local assembly. Furthermore, the theories in Germany, where traditionally the Local Autonomy Act is much more developed, as well as in Japan, where it has a great influence on our Local Autonomy Act will be reviewed. In Germany, the negotiation body is theoretically pursuant to the National Assembly Act, but certain reserves are acknowledged, while in Japan traditionaly, contrary to the political party, it operates as an organization comprised of more than two members. In Korea, 19 local assemblies enact the regulations regarding negotiation bodies pursuant to the National Assembly Act as an ordinance. But each and every one of the local assembly considers that the form of the regulations and its substance is rather sporadic and inaccurate. In my opinion, it is necessary, to restrict only the metropolitan local assembly to local assembly, to enact the Assembly Basic Ordinance regarding the significance, organization, and the minimum of members of the negotiation body. Moreover I suggest the revision of the Local Autonomy Act for the desirable way of the negotiation bodies in today’s local assembly.