지방자치단체의 대외적 갈등조정 및 협력에 관한 법적 방안

The relation between the nation and the local government should be preceded by the decentralized nation-management system guaranteed the local government's independence and autonomy from the central government. In other words, the sphere which local government could solve autonomously self-problems should be enlarged, and the direct management system that has counted on the one-sided order and control should be outgrowed so that the relation between the nation with local government can be established as an indirect management system through horizontal assistance, advices and compromises. In addition, the guarantee of substantial autonomy for the local government could be more effective when it is reinforced by procedual gurantee. So the procedual gurantee of autonomy should be understanded as not so much just policy issue as a core of constitutional gurantee about self-government. And the principles of legislatin that attach importance and consideration to self-government schould be established in the field of national legislative process. Namely, mass producing laws infringing and restricting autonomy reflected mainly the intention or interests of a nation or central government schould not be allowed. So in time of a nation's drafting and deliberating laws and ordinances, the principles and procedure of legislation collecting local opinion are demanded so as to reflect concurrently the local stand-points or characteristics. Besides, for the establishment of co-existence and cooperative relation among the local governments, it is necessary to convert the relation among the local governments to the cooperative relation based on the mutual reliance and to maintain existing traditional practices and institution well mated to it. Especially, to get over a NIMBY caused by environmental problems and the conflicts among the local governments, it has to be arranged to proper measure according to each causes maintaining compensatory system, making substantial the releasement of information, institutionalizationing of inhabitants participation and making clear functions and distribution of authorities . Next, it is requested to construct the cooperative relations between a large-unit local governments and fundamental local governments. when it is inevitable to instruct and inspect fundamental local governments to accomplish unified a large-unit administration, the method schould be uninfluential and the sphere schould be restrictive.