지방의회 인사청문회에 관한 법적 고찰

The confirmation hearings in law means an institutional framework to prevent administration as a regime to verify in National Assembly whether the top rank officer of the administration, commissioned by the president, has the ability and qualification to fulfill their duties. We introduced the confirmation hearings through the revision of the National Assembly Act in 1988. The local assembly is recently moving forward with introduction of the confirmation hearings, recognized as a exclusive property of the Nation Assembly. The introduction of the confirmation hearings in local self-government needs to be checks and balances between bodies of the local self-government, to satisfy the right to know of inhabitants and to verify public officers. The precedent and administration has insisted that the confirmation regulation for the head of government-affiliated organization in the Framework Ordinance on the Seoul Metropolitan Council violate the power of the local government head because the Local Public Enterprises Act is enacted that the head of government-affiliated organization should be appointed by the local government head. However, verification regime of the ordinance, not proactive and active but the posteriori and passive, is not mean as a violating regulation the right of the mayor and it need to be allowed to checks and surveillance of the council for the enforcing authority. Furthermore, the introduce of pro-verification is needed to improve meaning and effectivity of confirmation hearings. To achieve this, the local assembly should urge strongly to revise of law that stands above ordinations. Because deprivation on the power of confirmation hearings or verification of the local assembly is not match with intent of the local self-government and the decentralization system. Also, The National Assembly has had a confirmation hearings for the top public officer of the Administration and the Judiciary. Thus,The Local Assembly will be worth consideration on target expansion of confirmation hearings.