국가와 지방자치단체의 입법분담체계

What is the legislation apportionment system of the nation and local government is very important issue. The core of local autonomy legislation is the balance of national assembly -legislation and local government-lawmaking and the discussing to solve this problem should begin from the constitutional law. It should be considered the local autonomy is all for declare materially basic legal rights of the citizen(people). In this context the legal system of standards-balance is necessary. On forward countries such as Germany, United States and Japanese, the circumstance of each of them is different and it is appeared variously to apply the mitigated interpretation of the rule of Reservation of the law, but there are implications for the legislation apportionment system of Korea. The kernel of local autonomy is “autonomous order of a local society.” A legal system, which be albe to support this, must be established and further developed. Strict legalism is required. A step-by-step and systematic approach, which analyzes the meaning of individuals, members of a community, citizens, the nature of autonomy, constitutional guarantee, and normative order ensures harmony between legalism and autonomy, should be taken in discussing the legislation apportionment system of the nation and local government. It is desirable to get the maximun lawmaking power to the local government, except for fundamental rule-outline and essential facts of the fundamental rights, nationwide regimental issue and so on.