제주특별자치도의 자치행정의 활성화를 위한 법적 과제

The year 2011 marks the fifth anniversary of the implementation of the Jeju Special Law. Today, with the Jeju Special Self-Governing Province entering its fifth year of operation, there is a need to evaluate our efforts in pushing ahead with decentralization and realizing the Jeju Free International City in light of the objective of the Jeju Special Law, and examine what more can be done. First, the right of self-governance granted to Jeju Special Self-Governing Province has its limitations where the provisions of the special examples of the Jeju Special Act depend on whether or not the respective Acts have been legislated or amended, due to the adoption of positive legislation where the special examples are prescribed for each affair. In addition, the provincial government does not make good use of the right of self-governing legislation as prescribed by the provisions of special cases already granted to it, for the purpose of realizing its vision of a decentralized system. As Jeju Special Self-Governing Province has built a unified system of public administration as found in a metropolitan self-governing entity, unlike other local governments. Therefore, the inhabitants in Jeju are confronted with difficulties in exercising their right of self determination, and thus their active participation in self-governing administration of the Jeju Province should be encouraged by raising their awareness in this regard. Some people insist that the legal status of Jeju Special Self-governing Province should be guaranteed in the Constitution in order to help Jeju gain more secure legal status. However, other local governments may consider that it is would be against equity. Therefore, an effort to establish the exclusive autonomy of Jeju inhabitants should be made to demonstrate the value of the Jeju Special Self-Governing Province and seek constitutional guarantee. It is also necessary that the manner of legislating the Jeju Special Law should be transformed into negative legislation and the term of existence of the Support Committee for the Jeju Province, which will be dissolved in 2014, should be extended. Finally, as the tasks for the comprehensive administrative system of Jeju Special Self-Governing Province, it should be pointed out that it is necessary to improve the circulation assignment system for public officials to advance their capabilities to deal with judicial affairs; improve the quality of the right of self-governing legislation by introducing a system for evaluating the municipal ordinance legislation; and formulate active measures to invite civil legislation experts.