헌법상 지방자치권의 실질적 보장

It has tended to be understood that local autonomy in Korean constitutional law can be guaranteed in a formal way and to a minimum degree. However, the trend of internationalization, localization and decentralization in the modern world requires a switch in paradigm from a formal understanding of local autonomy to a substantial one. We need to develop a new method of interpretation on the local autonomy provision, § 117 of the Korean constitution and overcome the theory of traditional institutional guarantee of it. It requires the restriction of legislator's discretionary authority on forming and limiting of local autonomy. Local Autonomy can be justified with the separation of powers, people's sovereignty, democracy, and human rights in constitutional theory. In interpreting § 117 of the Constitution, we have to apply the subsidiarity principle to expand the area of autonomy. The provision should be prescribed directly for local authorities and, even if it is based on the law, the government should not intervene with its core. The phrase of the provision, the power of autonomous legislation within the limit of the acts, should only be accepted based on the guarantee of local autonomy.