지방자치의 활성화를 위한 지방분권형 헌법의 방향

Abstract

Despite the process of policy efforts for revitalizing local autonomy and decentralization, the crisis of local extinction and deepening fiscal power due to population decline are still not very helpful in balanced local development and securing local competitiveness. The reality is that securing balanced regional development and local competitiveness is difficult without the presentation of innovative alternatives through legal and institutional improvement. In the meantime, discussions on the decentralization-type constitutional amendment have continued since 2000, and even with the implementation of the full revision of the Local Autonomy Act in 2022, a breakthrough point for decentralization has not been established. In order to exercise the actual authority of local governments through decentralization and balanced local development, it is necessary to prepare basis regulations such as self-governing rights, expansion of autonomous affairs, and local government participation rights in Chapter 8 in addition to the current provisions of the Constitution. Considering the reality that it is difficult to realize and guarantee local autonomy through improvement of local autonomy-related laws, local autonomy should be expanded through the establishment of a new basis for substantial guarantee of local autonomy. The decentralized constitutional amendment can lead to securing local competitiveness by substantial guarantee of local autonomy and realization of the right to self-governing. Local competitiveness will be the basis of the nation's competitiveness. This paper analyzes the contents of the Korean Constitution and local autonomy laws that act as the limitations of local autonomy and decentralization, identifies trends in overseas decentralization, and suggests alternatives to the local decentralization-type constitutional amendment for the development of local autonomy.