공공갈등관리를 위한 주민참여제도 개선방안 연구

In South Korea in recent years, the demand for democratization of public administration has grown and public participation in the work of government has been discussed as a future direction to improve overall governance. Despite this atmosphere, the government’s administrative opportunism in executing its policies still causes public conflicts, particularly in the case of national projects. (“Public conflicts” here means disputes between groups of local residents and government institutions about the execution of public works.) By considering both the prevention of public conflicts and the construction of a public participation system as corresponding to the front and rear wheels of a car, the establishment of procedures for local participation that guarantee the reflection of actual opinions of local residents is essential to securing the social acceptance of public policies. This study examines current laws and regulations applicable to large-scale national projects and the installation of environmental management facilities likely to cause public conflicts. The results of this examination indicate that a process of seeking public opinion as articulated in the Administrative Procedure Act does not apply to the establishment and finalization of administrative plans, which are the most frequent cause of public conflicts, because the Act excludes such plans from its regulatory targets. South Korean legislation regarding the establishment and promotion of land use plans and environmental policies systemizes only a perfunctory procedure requiring governments to provide relevant information to a limited range of residents and to passively collect opinions without any resulting practical outcomes. In addition, the Regulations regarding the Prevention and Resolution of Conflicts Involving Public Institutions, enacted for the purpose of managing public conflicts, do not stipulate any concrete public participation system other than conflict impact analysis, as a means of preventing such conflicts. Given that citizens of South Korea have easy access to information coupled with a high level of awareness of their rights due to social changes like digitization, globalization, and political diversification, administrative procedures based on the above laws and regulations are deemed unsatisfactory and insufficient. Thus, it is necessary for governments to ensure opportunities for residents, in a horizontal relationship with those governments, to actively engage in the process of preparation and execution of policy alternatives, involving actual participation. As a first step towards building such a system, this study raises the need to carry out conflict impact analyses under the current Regulations regarding the Prevention and Resolution of Conflicts involving Public Institutions in the drafting stage of administrative plans and large-scaled public projects, especially those in which public conflicts are likely to occur. The outcome of conflict impact analysis, on a case by case basis, will function as a guide for designing and implementing appropriate procedures for local participation.