지방분권 개헌의 방향

With the administration of Moon Jae-in (2017. 5. 10) for decentralization, constitutional amendment to the fire started. Under the current Constitution, local administrative regulations could no longer efficiently deliver administrative services for the well-being of residents and could not cope with the future problems faced by the state and local communities called population cliff.
This paper aims to point out the limitations of the current centralized local administration and to review how the Constitution should be amended to overcome them. For this, in the introductory the state must foster initiatives for decentralization, and reasons for why constitutional reforms needed at this point and reviewed the (I). On this basis, author consider the reasons why local administration should be ensured in the implementation of administrative affairs across the country (II). Germany, an advanced country in local autonomy, looked at how the federal basic law regulates the regulations on local autonomy and its implications (III). Furthermore, the recent trend of amendment concerning local autonomy is observed by comparing the 2018 and 2014 proposals (IV). In chapter V, at the heart of the paper, author considers the principle of constitutional amendment for decentralization as the principle of restoring the nation's sovereignty, implementing new paradigm to develop the nation, improving the welfare of residents, and implementing it. At the end, the above are summarized to draw a conclusion (VI).
As a key item in the amendment, it was proposed that: First, the authority should be transferred to local governments, but accountability should be secured.
Second, while pointing out the problems under the current Constitution that only regulates the autonomous governments, a new principle, principle of subsidiarity is proposed. The principle of subsidiarity works in the areas where the principle of autonomy is guaranteed, and the local governments are allowed to perform the duties they are required to carry out under the decree, making it more efficient for them to carry out the tasks themselves.
Third, despite the principle of subsidiarity, it is required to actively cooperate in the execution of national affairs for the local central government's community.
Fourth, it is made clear to local administrative bodies that they would have to ensure autonomy in the areas of legislation, administration and finance. The Act stresses the need for constitutional guarantees of administrative power encompassing the right to organize and appoint those who work for it, and the right to self-regulating themselves, while existing laws and laws are only regulated.
In addition, some suggestions are made as to how far the scope or function of the principle of subsidiarity would be acknowledged when defining the principle of subsidiarity.