지방자치단체 공휴일 지정에 관한 소고

Recently, the government has promulgated “Regulations on Local Government Holiday”. In order to commemorate the 4. 3 event of Jeju Special Self-Governing Province, the Jeju Special Self-governing Province's ordinance of the Jeju Special Self- And published the regulations. In the end, the government will open a way for local governments to designate local and provincial holidays in a particular area as a local holiday, and it can be said that this is an example of recognizing the uniqueness of local governments. In addition, the 20th National Assembly has introduced legislation that can be designated as a local holiday. However, the legislative proposals related to local holidays should be carefully reviewed in relation to the current law and the revision of the laws based on local holidays. In the history of the Republic of Korea, which has built a centralized system for large territories and rapid economic growth, enabling local governments, rather than the central government, to designate holidays for specific provinces can be interpreted as an expression of strengthened decentralization. The appointment of a local public holiday may be regarded as self-government affairs related to the organizational management of administrative agencies under Article 9, Paragraph 2, Item 1, Paragraph 1 of the Local Autonomy Act, but the designation and operation of public holidays are not limited to the people's rights, And the national unity is also a consideration because it is the day when the government or the municipal government offices of the state or local governments take a break. In addition, according to the characteristics of the national holidays system, public holidays refer to public holidays. However, considering that public holidays are not public holidays but public holidays, public holidays are designated as local holidays. Article 11 of the Local Autonomy Law There is room to see. However, in the Labor Standards Act, the employer stipulates that an average of one or more paid holidays per week should be guaranteed to a worker, and if the worker does not specify the holidays specifically, will be. Therefore, changing the working day of a local governor to prevent him from working on a specific day does not constitute a labor standard requiring the unified work of the country. Similarly, in Okinawa, Japan, local holidays were designated as ordinances, but the ordinance was abolished by the residents' opposition, and the Japanese government revised the Local Autonomy Law to respect at least the local historical and cultural characteristics. Furthermore, it is necessary to discuss the expansion of self-governing legislative power with the provision of local holidays, which recognize the uniqueness and independence of local autonomous entities. In reality, the National Assembly can not fully prescribe the regulations of the local autonomous bodies in consideration of all the circumstances of the local autonomous bodies, and the local councils have been given the legitimacy through the election of the residents. There is a need. Of course, gradual and practical efforts such as strengthening the capacity of the local councils will be necessary, but I think that the strengthening of decentralization is the realization of genuine grassroots democracy leading to the participation of local residents.