국회와 지방자치단체 상호간 입법권한 배분에 관한 헌법적 검토

Constitutional Studies on the distribution of legislative power between the National Assembly and Local governments

The legislative power shall be vested in the National Assembly (Art. 40 of the Constitution). And Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes (Art. 117 of the Constitution). Therefore, both the National Assembly and local governments have the legislative power. This Study describes the constitutional standards of legislative power distrìbution between the National Assembly and local governments. 1. Local council is the institution that represents legislative power in Local government. 2. Local Autonomy can be placed under the Principle of Law Reservation. However this law should not govem essential aspect of the Local Autonomy. 3. Principle of Local council Reservation is the outermost barrier of the legislative power of the National Assembly. 4. Principle of subsidiarity functions as first line of defense in relation to the distribution of legislative power between the Nation Assembly and Local governments. 5. Conflict of legislative powers between the National Assembly and Local gevernments is a에 usted in accordance with Principle of supremacy of law. 6. Tt is doubtful whether the Art. 22 of Local Autonomy Act ist a violation of the Constitution .