2021년 개정 ｢지방자치법｣상 주민참여에 관한 공법적 검토

Abstract

The 2021 Local Autonomy Act has been revised and implemented by strengthening decentralized factors such as diversity in institutional composition. In addition, the key elements and concepts of local autonomy, the elements of resident autonomy, were also systematically strengthened. Of course, it is regrettable that the “Residents' Self-Governing Council”, which was expected to be regulated by the final amendment, was not reflected in legislation, but it is recognized that the elements of decentralization and resident autonomy have been strengthened overall compared to the old law. Specifically, matters related to residents' participation in autonomous administration were included in the purpose regulations (Article 1), residents' participation in the policy-making and execution process was stipulated as rights (17)), residents' right to enact, revise, and abolish municipal ordinances (Article 19), and residents' rulemaking (Article 20). However, since the expression of strengthening resident sovereignty has recently emerged in discussions on strengthening resident autonomy, it is questionable whether it is appropriate to uncritically accept it in legal and institutional discourse. There is no need to refute the degree to which it is used as an emphasized expression of resident autonomy at the slogan level, but the strengthening of resident sovereignty elements in legal and institutional discussions is considered a different level, so separate discussions are needed in the future. In addition, the participation of residents is considered necessary, and this is understood as a factor that strengthens democratic legitimacy in autonomous administration. However, whether the participation of residents only needs to be secured quantitatively and mechanically is understood as a separate issue.