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KCI등재 학술저널

지방분권형 개헌과 지방자치법제 발전방안

- 2018년 헌법개정안에 대한 평가와 분석 -

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The Constitutional amendment, which was initiated by the President in 2018, was an attempt to form a new paradigm in the existing local autonomy system, which had been repeating its implementation and intervention from the beginning of liberation and US military rule in 1945 to the present day. Unlike Article 117 and Article 118 of the current Constitution Law, it attempted to include a relatively large amount of content in the Constitution on the local autonomy system through various articles. However, the actual meaning of the amendment proposal is not the quantitative increase but the qualitative transition. The constitutional amendment proposes that the level of guaranteeing the municipal government has been raised to a new level. The reason is that Korea declares that it is a decentralized nation, that the subject of local autonomy is not the local autonomous entity but the inhabitant, and that the local unit of local autonomy is no longer a local autonomous entity but a local government, The government has jurisdiction over local affairs with respect to the state, the provision of broad autonomous legislative power (strengthening of the enforcement ordinance), and the foundation of the autonomous right (expansion of local tax). But, it is regrettable that all those changes and innovations have become rituals in the Constitution . In order to raise the status of local autonomy and to create a decentralized nation, the constitutional guarantees should be realistic and institutional devices should be provided to actualize them. However, the amendment of the Constitution still recognizes the constitutional principles and legal principles such as administrative organization legalism, the principle of no taxation without law, the reservation of law, and the preemptive law, and the new regulations related to local autonomy became virtually declarative regulations. This is a problem that does not take into consideration the whole of the constitution as well as the inexhaustible preparation due to the rapid legislation. Therefore, the constitutional amendment to be prepared in the future may be expected to solve these problems. However, it is inevitable for the decentralized nation , which was originally proposed in the early amendment of the Constitution, to reorganize the more fundamental principles of national structure and operation. As of the end of 2018, legislative proposals for the amendment of the Local Autonomy Law were announced. It is necessary to judge whether the abundant contents such as the independence of the local council and the appointment of the paid assistant to the local council members are enough for the decentralized state. It should be remembered that the residents are not the owners and the democracy is only ideal in the situation where the relations with the state and the local government before the implementation of the local autonomy system are still maintained. The realization of a decentralized nation is difficult to realize unless the correspondence between the nation and local sovereigns is secured. Our local government system is the result of the democratization movement, not the disadvantage of national unification through the dissolution of feudalism and federalism. It is strengthened through the establishment of the sovereignty of the residents of the provincial democracy. The residents are the subjects of the local autonomy system and he principle of residents sovereignty that the local government and the local council realize the meaning of the residents as a representative agency for realization of the local sovereignty of the inhabitants should be the basic principle of the structure and operation of the local government. Just as the nation is based on national sovereignty, when the local government is also based on the sovereignty of the inhabitants, the local autonomy system can function as it is. Local Autonomy Law and related Law can be reorganized into a system

Ⅰ. 지방자치제도 대한 헌법보장의 의의

Ⅱ. 2018년 헌법개정안에 대한 분석과 평가

1. 분권국가의 선언

2. 국가와 지방의 관계 재설정

3. 주민주체성 지방정부 주민참여의 헌법화

4. 사무와 권한 배분의 원칙 제시

5. 지방조직의 자율성

6. 자치입법권의 정상화

Ⅲ. 2018년 헌법개정안의 실질적 의미와 과제

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