한국의 주민소환제도의 입법방향

A recall election is a procedure by which voters can remove an elected official from office before his term expires. The symbolic meaning of recall is more important than it's practical one. Recall is a procedural device of democracy in which the voters can dismiss the public officers from their position within their term of office by denunciation, petition and voting. This policy can be considered to be a means for yielding active control characteristic of direct democracy in order to secure the responsibility of the public officers to the residents they serve. There are various kinds of devices to get rid of the limits of modern representative system in the local self-governing. Among them, recall is a good guarantee for inspecting and controlling malpractice of resident's representative. A local autonomy law is a political system or self-determination by residents. If Recall can be effectively utilized, the local residents can have greater confidence on their local government, and this policy will also contribute a lot to demonstrating the efficacy of democracy. However, despite this importance, the lack of experience for Recall brings about ceaseless controversies about the potential abuse of this policy, and it is necessary to deeply review the proper direction to utilize there residents recalling power in the local self-government of Korea. Therefore, based on the theoretical discussion of Recall, this study will review the case of U. S. A. This study aims to find a solution to make Recall legislation of Korea actually become settled a same way of direct participation of people. Therefore, this research focused on the comparative legal study of literature and the case study in order to find a Korean settlement plan by reviewing the realistic cases. This study aimed to suggest not only how the details of the current ordinance should be revised, but also how the ordinance itself should be modified for the appropriate settlement of Korean Recall system. major conflicting issues.