독일 게마인데의 경제적 활동에 대한 법적 고찰

The local autonomous entity socalled Gemeinde is a basic legal entity to perform the local work for the benefit of the local citizen. The size of population of the Gemeinde varies in general from 1,000 to 10,000, while the size of population of the korean local autonomous entity reaches from 40,000 to 700,000. It is clear that the size and area of the german Gemeinde is much smaller than that of Korea. The german Gemeide does correspond rather to the ‘Eup⋅Myun⋅Dong’ of the korean administrative organization. In proportion to the size and area of the korean local autonomous entity its economic capability is considerably high. Even though the german local autonomous entity socalled Gemeinde is relatively smaller than that of Korea, the german Gemeindeordnung stipulates very concrete rules regarding the admissibility of the economic activities of Gemeinde. In contrast to the german Gemeindeordnung the korean local government law or the korean local public enterprise law does not regulate to the full extent the admissibility of the local public enterpise which is established and run by the korean local autonomous entity. The prerequisite for the establishment of the local public enterprise including its admissibility is delegated to the municipal ordinance of the local autonomous entity. The municipal ordinanace of the local autonomous entity does not contain any further concrete regulations for the admissibility of the economic activities of the local autonomous entity. Out of these reasons the local autonomous entities which have economic crises are increasing as we find such stories nowadays in the newspapers. Thus far we can accept it as a symptom for the economic development of the local autonomous entity, but from now on we do need to equip a proper legal regulations. For such countermeasures we can learn from the german Gemeindeordnung.