지방자치에 관한 헌법 수용가능 범위

Local self-government is assured by 117 section and 118 section of the constitution, so local autonomy law specifies local self-government. There are arguments on whether the local self-government is possible even when the constitution does not regulate about that. The key point of that argument is about the matter that whether the local self-government derives from its unique authority or hands down from the nation. Majority of people think the local self-government gets transmitted from the nation, so it is given its authority from the nation. The local self-government is one of the institutions which are accepted as a basic principle of constitutional democracy. It, as a roots democracy, is the most fundamental element consisting of the nation and a self-governing body exists for the well-being of its local people. The constitution has only two articles about the regulations of a self-governing body that serves its residents’ welfare, but it does not prescribe specifically residents, regions, and legal personality. Futhermore it does not state residents, regions, and self-governing bodies, and it simply stipulates generally and abstractly. so it is likely to impede the original meaning of the local self-government. Thus, in order to increase the welfare of residents that is the purpose of the local self-government, this study examined the category that is possible according to the constitution. It means that it should have regulations suitable for the purpose of the local self-government by detailing residents’ right to their decision-making to serve the well-being of the residents.